The Design And Construct Contract is a fundamental document in Australian construction projects where a single contractor assumes responsibility for both design and construction elements. This contract type is particularly suitable for projects where the principal wants to transfer design risk and seek a single point of responsibility for project delivery. It includes comprehensive provisions covering design obligations, construction requirements, payment terms, quality standards, and risk allocation. The document is structured to comply with Australian federal and state legislation, including security of payment acts, work health and safety laws, and environmental regulations. It's commonly used in commercial, infrastructure, and large-scale residential projects where design innovation and construction efficiency are priorities.
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1. Parties: Identification of the Principal and Contractor, including ABN/ACN
2. Background: Project context, purpose, and basic parameters
3. Definitions and Interpretation: Key terms, interpretation rules, and order of precedence
4. Contract Formation and Documentation: Contract documents, order of precedence, and entire agreement provisions
5. Design Obligations: Contractor's design responsibilities, standards, and approval processes
6. Construction Obligations: Construction requirements, workmanship standards, and compliance obligations
7. Time and Progress: Commencement, completion dates, programs, and extensions of time
8. Variations: Process for changes to scope, pricing, and approval mechanisms
9. Payment: Contract sum, payment claims, certificates, and payment terms
10. Quality and Defects: Quality requirements, inspection rights, and defects rectification
11. Site Access and Conditions: Site possession, conditions, and responsibilities
12. WHS and Environmental Requirements: Safety obligations and environmental compliance
13. Insurance and Indemnities: Required insurances and indemnity provisions
14. Default and Termination: Default events, remedies, and termination rights
15. Dispute Resolution: Process for resolving disputes including mediation and arbitration
16. General Provisions: Standard boilerplate clauses including notices and governing law
1. Staging and Milestone Requirements: Used for projects with distinct stages or milestone completions
2. Liquidated Damages: Include when specific damages for delay or performance failures are quantifiable
3. Performance Security: Required for projects needing bank guarantees or other security forms
4. Interface Management: Necessary when coordinating with other contractors or stakeholders
5. Value Engineering: Include for projects where cost optimization opportunities are encouraged
6. Building Information Modeling (BIM): Required for projects using BIM technology
7. Intellectual Property Rights: Detailed IP provisions for projects with significant design elements
8. Community and Stakeholder Management: Important for projects with significant public interface
9. Provisional Sums: Include when certain works cannot be precisely scoped or priced
10. Early Works: Used when certain works need to commence before full contract execution
1. Schedule 1 - Contract Particulars: Key project details, dates, amounts, and contact information
2. Schedule 2 - Scope of Works: Detailed description of design and construction scope
3. Schedule 3 - Principal's Project Requirements: Technical specifications and performance requirements
4. Schedule 4 - Design Documents: Initial design documents and development requirements
5. Schedule 5 - Fee Schedule: Pricing breakdown, rates, and payment milestones
6. Schedule 6 - Program: Project timeline, milestones, and critical dates
7. Schedule 7 - Quality Management Requirements: Quality systems, testing, and validation requirements
8. Schedule 8 - Site Requirements: Site-specific conditions, access requirements, and restrictions
9. Schedule 9 - Forms of Security: Templates for bank guarantees and other security forms
10. Schedule 10 - Insurance Requirements: Detailed insurance specifications and certificates
11. Appendix A - Site Plans and Drawings: Site layouts, boundaries, and existing conditions
12. Appendix B - Authority Requirements: Permits, approvals, and compliance requirements
13. Appendix C - Environmental Requirements: Environmental management and compliance details
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