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Design Development Agreement for United Arab Emirates

Design Development Agreement Template for United Arab Emirates

A Design Development Agreement under UAE law is a comprehensive contract that governs the relationship between a client and a design consultant for the development of detailed design services. The agreement operates within the UAE's civil law framework and must comply with federal laws and local emirate regulations regarding construction, design, and professional services. It typically includes detailed provisions for design development phases, deliverables, intellectual property rights, compliance with local building codes, and municipality requirements. The document addresses specific UAE market considerations such as local authority approvals, sustainability requirements (like Estidama or Al Sa'fat), and cultural design considerations.

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What is a Design Development Agreement?

The Design Development Agreement is a crucial document used when a client requires professional design services for construction or development projects in the UAE. It establishes the framework for design development work, typically following concept design approval and preceding construction documentation. The agreement must comply with UAE federal laws, including Federal Law No. 5 of 1985 (Civil Code) and relevant emirate-specific regulations. It details the scope of design services, deliverables, approval processes, and compliance requirements with local building codes and municipality regulations. The document is essential for projects requiring detailed design development, whether for new construction, renovation, or retrofit works, and includes provisions for intellectual property rights, professional indemnity, and local authority submissions. It's particularly important in the UAE context where designs must consider specific environmental, cultural, and regulatory requirements.

What sections should be included in a Design Development Agreement?

1. Parties: Identification and details of the client and design service provider, including their registered addresses and company registration numbers

2. Background: Context of the agreement, brief description of the project, and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of the design services to be provided, including different design stages and deliverables

5. Project Timeline: Key milestones, delivery dates, and overall project schedule

6. Fees and Payment Terms: Design fees, payment schedule, and payment conditions

7. Client Obligations: Responsibilities and obligations of the client, including provision of information and approvals

8. Designer Obligations: Core responsibilities and obligations of the design service provider

9. Amendments and Variations: Process for handling changes to the scope or design requirements

10. Intellectual Property Rights: Ownership and licensing of design materials and intellectual property

11. Confidentiality: Protection and handling of confidential information

12. Liability and Indemnification: Extent of parties' liability and indemnification obligations

13. Insurance: Required insurance coverage and minimum limits

14. Termination: Grounds and process for agreement termination

15. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, entire agreement, and severability

What sections are optional to include in a Design Development Agreement?

1. Performance Bonds: Required when project value exceeds certain thresholds or client requires additional security

2. Site Access and Safety: Necessary when design services require site visits or on-site presence

3. Value Engineering: Include when cost optimization is a key project requirement

4. BIM Requirements: Include when Building Information Modeling is part of the design process

5. Sustainability Requirements: Include when project has specific environmental or sustainability targets

6. Local Content Requirements: Include when project must comply with UAE local content regulations

7. Sub-consultants: Include when designer will engage specialized sub-consultants

8. Force Majeure: Detailed force majeure provisions beyond standard clauses, particularly relevant post-COVID

9. Dispute Resolution: Detailed ADR procedures when parties prefer specific resolution mechanisms

What schedules should be included in a Design Development Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of design services, deliverables, and requirements for each project phase

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment milestones, and rate cards

3. Schedule 3 - Project Program: Detailed project timeline, milestones, and delivery dates

4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities

5. Schedule 5 - Client's Requirements: Detailed technical and functional requirements provided by the client

6. Schedule 6 - Design Standards: Applicable design standards, codes, and regulations

7. Schedule 7 - Required Insurances: Detailed insurance requirements and minimum coverage limits

8. Appendix A - Forms and Templates: Standard forms for variations, applications for payment, and certificates

9. Appendix B - Communication Protocols: Procedures for submissions, approvals, and project communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Publisher

Genie AI

Cost

Free to use

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