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Design And Build Agreement
"I need a Design and Build Agreement for a 200-unit residential development project in Lagos, Nigeria, with completion scheduled for June 2025, including specific provisions for phased delivery and local content requirements."
1. Parties: Identification and details of the Employer and the Design-Build Contractor
2. Background: Context of the project and the basis for entering into the agreement
3. Definitions: Definitions and interpretation of key terms used throughout the agreement
4. Scope of Work: Detailed description of design and construction services to be provided
5. Contract Documents: Hierarchy and interpretation of contract documents
6. Design Obligations: Contractor's responsibilities for design, including compliance with standards and codes
7. Construction Obligations: Contractor's responsibilities for construction works and methodologies
8. Employer's Obligations: Responsibilities of the Employer, including site access and approvals
9. Time for Completion: Project timeline, milestones, and completion dates
10. Contract Price and Payment: Pricing structure, payment terms, and mechanisms
11. Variations: Procedures for changes to scope, time, or price
12. Quality and Testing: Quality control requirements and testing procedures
13. Defects Liability: Contractor's obligations regarding defects and remedial work
14. Insurance and Securities: Required insurance coverage and performance securities
15. Force Majeure: Events beyond parties' control and their consequences
16. Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes under Nigerian law
18. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
1. Environmental Protection: Additional environmental obligations when project has significant environmental impact
2. Local Content: Requirements for local resource utilization when project falls under Nigerian Content Development Act
3. Interface Management: Procedures for managing interfaces with other contractors when multiple contractors are involved
4. Technology Transfer: Obligations regarding technology transfer when required by government contracts
5. Community Relations: Requirements for community engagement when project impacts local communities
6. Advance Payment: Terms for advance payment when agreed between parties
7. Performance Incentives: Bonus mechanisms when early completion or performance targets are desired
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 milestones
4. Schedule 4 - Payment Schedule: Payment breakdown and milestone payment details
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Forms of Securities: Templates for performance bond and other securities
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and coverage levels
8. Schedule 8 - Testing and Commissioning: Testing procedures and acceptance criteria
9. Schedule 9 - Forms of Certificates: Templates for completion and acceptance certificates
10. Appendix A - Drawings: Initial design drawings and specifications
11. Appendix B - Equipment List: List of major equipment and materials
12. Appendix C - Permits and Approvals: List of required permits and responsible parties
Authors
Construction
Infrastructure
Real Estate Development
Oil and Gas
Manufacturing
Healthcare
Education
Hospitality
Industrial Development
Commercial Development
Telecommunications
Power Generation
Transportation
Legal
Construction
Commercial
Procurement
Operations
Finance
Risk Management
Technical
Design
Project Management
Compliance
Business Development
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Commercial Director
Chief Executive Officer
Operations Director
Procurement Manager
Risk Manager
Technical Director
Design Manager
Chief Financial Officer
Quantity Surveyor
Compliance Officer
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