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Design Development Agreement
"I need a Design Development Agreement for a luxury hotel project in Dubai, where our firm will be appointed as lead design consultant by a prominent developer, with a project value of AED 500M and strict sustainability requirements including LEED certification."
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
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 ReºìÐÓÖ±²¥: Detailed ADR procedures when parties prefer specific reºìÐÓÖ±²¥ mechanisms
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
Real Estate Development
Construction
Architecture
Infrastructure
Commercial Property
Residential Development
Hospitality
Healthcare
Education
Industrial Development
Retail Development
Mixed-use Development
Legal
Design
Project Management
Commercial
Development
Technical
Procurement
Risk & Compliance
Quality Assurance
Construction Management
Project Director
Design Manager
Development Manager
Contract Manager
Legal Counsel
Chief Architect
Lead Engineer
Technical Director
Commercial Manager
Project Manager
Construction Manager
Cost Consultant
Procurement Manager
Risk Manager
Quality Assurance Manager
Compliance Officer
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