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Design Build Maintain Contract Template for Netherlands

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Key Requirements PROMPT example:

Design Build Maintain Contract

"I need a Design Build Maintain Contract under Dutch law for a new municipal waste treatment facility, with a 20-year maintenance period, incorporating specific environmental performance standards and public procurement requirements, planned to commence in March 2025."

Document background
The Design Build Maintain Contract is a sophisticated contractual instrument used in the Netherlands for projects requiring an integrated approach to design, construction, and long-term maintenance. This type of contract is particularly suited when the employer seeks to transfer significant responsibility and risk to a single contractor while ensuring long-term asset performance. The DBM Contract structure reflects Dutch legal principles and construction practices, incorporating requirements from the Civil Code, Public Procurement Act (if applicable), and industry standards such as the UAV-GC 2005. It is commonly used for large-scale infrastructure projects, public buildings, and complex facilities where lifecycle cost management and long-term performance are critical factors. The document includes comprehensive provisions for design approval, construction quality, maintenance standards, performance monitoring, and risk allocation, making it suitable for both public and private sector projects requiring long-term asset management.
Suggested Sections

1. Parties: Identification of the contracting parties, including their legal status and registered addresses

2. Background: Context of the agreement, project overview, and purpose of the contract

3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the contract

4. Contract Documents: Hierarchy and list of documents forming the complete agreement

5. Contractor's General Obligations: Overall responsibilities of the contractor across design, build and maintain phases

6. Employer's General Obligations: Overall responsibilities and obligations of the employer

7. Design Obligations: Specific requirements and standards for the design phase, including approvals process

8. Construction Obligations: Requirements and standards for the construction phase, including methodology and quality control

9. Maintenance Services: Scope and standards for maintenance services, including performance requirements

10. Time and Programme: Project timeline, milestones, and completion dates for each phase

11. Price and Payment: Contract price, payment terms, and mechanisms for each phase

12. Changes and Variations: Procedures for handling changes to scope, design, or requirements

13. Quality Assurance: Quality standards, testing, and inspection requirements

14. Risk and Insurance: Risk allocation and required insurance coverage

15. Liability and Indemnities: Allocation of liabilities and indemnification obligations

16. Force Majeure: Definition and consequences of force majeure events

17. Termination: Grounds and procedures for contract termination

18. Dispute Resolution: Procedures for resolving disputes

19. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

Optional Sections

1. Interface Management: Required when multiple contractors or stakeholders are involved, defining coordination requirements

2. Environmental Requirements: Include when project has specific environmental obligations or sustainability targets

3. Innovation and Intellectual Property: Required when significant IP rights are involved or innovation is a key project component

4. Stakeholder Management: Include for projects with significant public or third-party stakeholder involvement

5. Financing Arrangements: Required when project involves specific financing structures or requirements

6. Training and Knowledge Transfer: Include when client staff need training for maintenance phase

7. Early Warning Procedures: For complex projects requiring formal risk notification processes

8. Step-in Rights: Include for critical infrastructure or public service projects

9. Energy Performance: Required when specific energy efficiency targets are part of the project

10. Building Information Modeling: Include when BIM is required for design and/or maintenance

Suggested Schedules

1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements for the project

2. Schedule 2 - Site Information: Site details, surveys, and existing conditions

3. Schedule 3 - Pricing Schedule: Detailed breakdown of prices for each phase

4. Schedule 4 - Payment Schedule: Payment milestones and mechanisms

5. Schedule 5 - Programme: Detailed project timeline and milestones

6. Schedule 6 - Design Submission Procedure: Process for design submissions and approvals

7. Schedule 7 - Quality Management Plan: Quality assurance and control procedures

8. Schedule 8 - Testing and Commissioning: Requirements and procedures for testing and commissioning

9. Schedule 9 - Maintenance Requirements: Detailed maintenance scope and performance standards

10. Schedule 10 - Handback Requirements: Condition requirements at contract end

11. Schedule 11 - Forms of Bonds and Guarantees: Required forms for performance security

12. Schedule 12 - Insurance Requirements: Detailed insurance requirements and coverage levels

13. Schedule 13 - Key Personnel: List of key personnel and their roles

14. Schedule 14 - 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

Infrastructure

Commercial Construction

Public Buildings

Healthcare Facilities

Educational Facilities

Transport Infrastructure

Water Management

Industrial Facilities

Energy Infrastructure

Social Housing

Relevant Teams

Legal

Commercial

Design

Construction

Operations

Maintenance

Procurement

Project Controls

Quality Assurance

Risk Management

Technical Services

Contract Administration

Health and Safety

Finance

Planning

Relevant Roles

Project Director

Contract Manager

Construction Manager

Design Manager

Facility Manager

Technical Director

Legal Counsel

Commercial Manager

Risk Manager

Quality Assurance Manager

Procurement Manager

Operations Director

Maintenance Manager

Cost Controller

Planning Manager

Technical Advisor

Chief Engineer

Architect

Project Controls Manager

Health and Safety Manager

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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