The Design Build Contract is a sophisticated project delivery method widely used in the United States construction industry where a single entity is responsible for both design and construction services. This contract type is particularly suitable for complex projects where coordination between design and construction phases is crucial for project success. It's commonly used when owners seek to reduce their administrative burden and expedite project delivery by having a single point of responsibility. The contract includes comprehensive provisions for design development, construction execution, quality control, payment mechanisms, and risk allocation, all while ensuring compliance with federal and state construction laws, professional licensing requirements, and building codes. Design Build Contracts are increasingly preferred over traditional design-bid-build approaches due to their potential for reducing project duration, minimizing disputes, and fostering innovation through early contractor involvement in the design process.
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1. Parties: Identification of the Owner and Design-Builder, including their legal status and contact details
2. Background: Context of the project and the reason for entering into the agreement
3. Definitions: Detailed definitions of terms used throughout the contract
4. Scope of Work: Comprehensive description of design and construction services to be provided
5. Contract Price and Payment Terms: Total contract sum, payment schedule, and payment procedures
6. Project Timeline: Project schedule, milestones, and completion dates for both design and construction phases
7. Design Development and Approval: Process for design development, submissions, and owner approvals
8. Construction Phase Services: Details of construction execution, quality control, and management
9. Changes and Change Orders: Procedures for handling changes to design or construction scope
10. Insurance and Bonds: Required insurance coverage and bonding requirements
11. Warranties and Guarantees: Design-Builder's warranties for both design and construction work
12. Testing and Inspections: Requirements for testing, inspections, and quality assurance
13. Substantial and Final Completion: Criteria and processes for completion and acceptance
14. Dispute ReşěĐÓÖ±˛Ą: Procedures for handling disputes between parties
15. Termination Rights: Grounds and procedures for contract termination
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Building Information Modeling (BIM): Include when BIM is required for project delivery, specifying protocols and requirements
2. Sustainability Requirements: Include for projects targeting specific environmental certifications (LEED, etc.)
3. Commissioning: Include for complex facilities requiring formal commissioning process
4. Early Work Package: Include when fast-track delivery requires early construction activities
5. Owner-Furnished Equipment: Include when owner will provide significant equipment or materials
6. Subcontractor Relations: Include when specific subcontractor selection or management requirements exist
7. Value Engineering: Include when formal value engineering process is required
8. Site Security: Include for projects with specific security requirements or sensitive locations
9. Phased Occupancy: Include when owner requires partial occupancy before full completion
10. Hazardous Materials: Include when site has known or suspected hazardous materials
1. Schedule A - Design Criteria Package: Owner's project requirements and performance specifications
2. Schedule B - Site Information: Site surveys, geotechnical reports, and existing conditions
3. Schedule C - Price Breakdown: Detailed breakdown of contract price components
4. Schedule D - Project Schedule: Detailed project timeline with milestones and deadlines
5. Schedule E - Key Personnel: List of key team members and their roles
6. Schedule F - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule G - Forms: Standard forms for applications for payment, change orders, etc.
8. Schedule H - Technical Specifications: Detailed technical requirements and standards
9. Appendix 1 - Drawing List: List of all design drawings and specifications
10. Appendix 2 - Permits and Approvals: List of required permits and responsible parties
11. Appendix 3 - Quality Management Plan: Detailed quality control and assurance procedures
12. Appendix 4 - Safety Plan: Project-specific safety requirements and procedures
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