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Design Build Finance Contract
"I need a Design Build Finance Contract under German law for a 50MW solar power plant in Bavaria, with construction starting March 2025, including specific provisions for renewable energy regulations and grid connection requirements."
1. Parties: Identification of the contracting parties including the employer, contractor, and any financing parties
2. Background: Context of the project, purpose of the agreement, and preliminary statements
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the contract
4. Project Scope: Detailed description of the works, including design, construction, and financing obligations
5. Design Obligations: Contractor's design responsibilities, approval processes, and design standards
6. Construction Obligations: Construction methodology, standards, materials, and workmanship requirements
7. Financial Terms: Financing structure, payment terms, mechanics, and security arrangements
8. Time for Completion: Project schedule, milestones, and completion dates
9. Testing and Commissioning: Requirements for testing, commissioning, and acceptance procedures
10. Defects Liability: Warranty obligations and defects rectification procedures
11. Variations: Procedures for handling changes to the works
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Force Majeure: Definition and consequences of force majeure events
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes including arbitration provisions
16. Governing Law: Confirmation of German law as governing law and jurisdiction
1. Step-in Rights: Rights of financing parties to take over the project in case of contractor default - include when external financing is involved
2. Environmental Compliance: Specific environmental obligations - include for projects with significant environmental impact
3. Public Procurement Provisions: Additional provisions required for public sector projects - include when the employer is a public entity
4. Interface Management: Procedures for managing interfaces with other contractors - include for complex projects with multiple contractors
5. Local Content Requirements: Obligations regarding use of local resources - include when required by local regulations or project specifications
6. Intellectual Property Rights: Specific IP provisions - include when design involves innovative or proprietary technology
7. Social Impact Obligations: Requirements for managing social impact - include for projects affecting local communities
1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements
2. Schedule 2 - Site Information: Site details, surveys, and existing conditions
3. Schedule 3 - Time Schedule: Detailed program of works and milestone dates
4. Schedule 4 - Payment Schedule: Payment terms, milestones, and financing arrangements
5. Schedule 5 - Design Submissions: List of required design submissions and approval procedures
6. Schedule 6 - Testing and Commissioning: Detailed testing and commissioning procedures
7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required performance bonds and guarantees
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels
9. Schedule 9 - Key Personnel: List of key personnel and their roles
10. Schedule 10 - Permits and Approvals: List of required permits and responsible parties
11. Appendix A - Form of Monthly Report: Template for required monthly progress reports
12. Appendix B - Quality Assurance Plan: Detailed quality management requirements and procedures
Authors
Infrastructure
Energy
Real Estate
Industrial
Healthcare
Transportation
Education
Utilities
Commercial Development
Public Sector
Renewable Energy
Manufacturing
Legal
Finance
Construction
Design
Project Management
Risk Management
Commercial
Procurement
Technical
Operations
Compliance
Engineering
Project Director
Construction Manager
Finance Director
Legal Counsel
Contract Manager
Project Engineer
Chief Financial Officer
Risk Manager
Technical Director
Commercial Director
Procurement Manager
Design Manager
Project Finance Specialist
Operations Director
Compliance Officer
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