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Design And Build Agreement Template for Nigeria

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Key Requirements PROMPT example:

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."

Document background
The Design And Build Agreement is a crucial contract type in the Nigerian construction industry, used when project owners seek to streamline project delivery by combining design and construction responsibilities under a single contractor. This approach differs from traditional contracting methods where design and construction are separately procured. The agreement is particularly relevant for complex projects requiring close coordination between design and construction phases, and includes provisions compliant with Nigerian legislation including the Public Procurement Act, National Building Code, and Environmental Protection regulations. It details scope, pricing, timelines, quality requirements, and risk allocation while incorporating local content requirements and industry standards. The document is structured to protect both employer and contractor interests while ensuring efficient project delivery within the Nigerian legal framework.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























































Clauses




































Relevant Industries

Construction

Infrastructure

Real Estate Development

Oil and Gas

Manufacturing

Healthcare

Education

Hospitality

Industrial Development

Commercial Development

Telecommunications

Power Generation

Transportation

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Finance

Risk Management

Technical

Design

Project Management

Compliance

Business Development

Relevant Roles

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

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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