The Design And Build Agreement is utilized in construction projects where a single contractor is responsible for both design and construction phases, offering a streamlined approach to project delivery. This document is particularly relevant in the Malaysian construction industry, where it must comply with local regulations including the Construction Industry Development Board Act and related legislation. The agreement covers all aspects of project delivery including scope definition, payment mechanisms, design obligations, construction requirements, quality standards, and risk allocation. It is commonly used for complex projects where having a single point of responsibility for both design and construction can provide efficiency benefits and clearer accountability. The document incorporates Malaysian legal requirements while providing flexibility to accommodate various project types and sizes.
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1. Parties: Identification of the employer and the design-build contractor
2. Background: Context of the project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of design and construction services to be provided
5. Contract Price and Payment: Payment terms, schedule, and mechanisms
6. Time for Completion: Project timeline, completion dates, and extension provisions
7. Design Obligations: Contractor's design responsibilities and standard of care
8. Construction Obligations: Contractor's construction responsibilities and quality standards
9. Employer's Obligations: Responsibilities of the employer including site access and approvals
10. Variations: Procedures for changes to design or construction scope
11. Testing and Completion: Requirements for testing, commissioning, and completion
12. Defects Liability: Defects notification period and remediation obligations
13. Insurance and Indemnity: Required insurance coverage and indemnification provisions
14. Force Majeure: Events beyond parties' control and their consequences
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for resolving disputes including arbitration
17. Governing Law: Application of Malaysian law and jurisdiction
1. Performance Security: Required when employer wants performance bond or other security
2. Intellectual Property: Needed when design involves significant IP rights
3. Environmental Compliance: Required for projects with significant environmental impact
4. Local Content Requirements: Needed when project must meet local content quotas
5. Independent Certifier: Used when parties agree to appoint independent certifier
6. Step-in Rights: Required for complex projects where employer may need to take over
7. Advance Payment: Used when contractor requires advance payment
8. Liquidated Damages: Specific compensation for delay or performance failure
1. Schedule 1 - Employer's Requirements: Detailed technical and performance specifications
2. Schedule 2 - Site Details: Site information, surveys, and existing conditions
3. Schedule 3 - Contract Price Breakdown: Detailed breakdown of contract price and payment schedule
4. Schedule 4 - Programme: Detailed project timeline and milestones
5. Schedule 5 - Design Documents: Initial design documents and requirements
6. Schedule 6 - Forms of Certificates: Templates for various certificates required under the contract
7. Schedule 7 - Forms of Bonds/Securities: Templates for performance security and other bonds
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage limits
9. Schedule 9 - Key Personnel: List of key personnel from both parties
10. Appendix A - Special Conditions: Any special terms specific to the project
11. Appendix B - Technical Specifications: Detailed technical specifications and standards
12. Appendix C - Drawings: Initial concept drawings and design requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Industrial Development
Commercial Property
Residential Development
Healthcare Facilities
Educational Facilities
Hospitality
Manufacturing
Relevant Teams
Legal
Construction
Design
Commercial
Procurement
Finance
Operations
Project Management
Risk Management
Technical Services
Relevant Roles
Project Director
Construction Manager
Design Manager
Contract Manager
Legal Counsel
Commercial Director
Chief Executive Officer
Project Engineer
Quantity Surveyor
Risk Manager
Procurement Manager
Technical Director
Finance Director
Operations Director
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