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Design Build Finance Contract

Design Build Finance Contract Template for New Zealand

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Key Requirements PROMPT example:

Design Build Finance Contract

"I need a Design Build Finance Contract for a NZD 50M commercial development project in Auckland, New Zealand, with construction scheduled to commence in March 2025, including specific provisions for sustainable building practices and Green Star certification requirements."

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Document background
The Design Build Finance Contract is a sophisticated project delivery mechanism used in New Zealand for complex construction projects where a single contractor takes responsibility for design, construction, and financing arrangements. This contract type is particularly suitable for large-scale infrastructure and development projects where the project owner seeks to transfer significant project risk and responsibility to the contractor while ensuring project financing. The document incorporates requirements from New Zealand's construction legislation, including the Construction Contracts Act 2002, Building Act 2004, and Financial Markets Conduct Act 2013. It includes detailed provisions for design development, construction methodology, quality standards, payment mechanisms, and financing arrangements, while ensuring compliance with local building codes and regulations. This contract type is increasingly popular in New Zealand for projects requiring innovative financing solutions and integrated project delivery approaches.
Suggested Sections

1. Parties: Identifies and provides details of all contracting parties including the principal, contractor, and any guarantors

2. Background: Sets out the context of the agreement and high-level project objectives

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

4. Contract Formation and Documents: Details the contract documents hierarchy and their order of precedence

5. Design Obligations: Specifies the contractor's design responsibilities, approval processes, and design standards

6. Construction Obligations: Details the construction requirements, methodologies, and standards

7. Time and Programme: Sets out project timeline, milestones, and completion requirements

8. Variations: Procedures for managing changes to scope, design, or construction works

9. Quality Assurance: Specifies quality standards, testing requirements, and inspection procedures

10. Health and Safety: Establishes health and safety obligations and management requirements

11. Payment and Financial Provisions: Details payment terms, mechanisms, and financial obligations

12. Financing Arrangements: Specifies financing structure, conditions precedent, and ongoing requirements

13. Securities: Details performance bonds, warranties, and other security requirements

14. Insurance: Specifies required insurance coverage and obligations

15. Risk and Liability: Allocates risks and establishes liability framework

16. Default and Termination: Sets out default events, remedies, and termination procedures

17. Dispute Resolution: Establishes procedures for resolving disputes

18. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Interface Management: Required when project involves multiple contractors or significant interface with existing facilities

2. Environmental Management: Include when project has significant environmental implications or requirements

3. Community Engagement: Necessary for projects with significant community impact or public interface

4. Building Information Modeling (BIM): Include when BIM is required for design and construction

5. Intellectual Property: Required when significant IP rights need to be addressed, particularly for innovative designs

6. Indigenous Rights and Cultural Heritage: Include when project affects or requires consideration of M膩ori interests

7. Commissioning and Handover: Required for projects involving complex operational requirements or handover procedures

8. Defects Liability Period: Include when extended warranty or defects liability periods are required

Suggested Schedules

1. Schedule 1 - Project Brief: Detailed description of project requirements and specifications

2. Schedule 2 - Site Information: Site details, conditions, and access requirements

3. Schedule 3 - Design Documents: Initial design documents and requirements

4. Schedule 4 - Programme: Detailed project timeline and milestone dates

5. Schedule 5 - Payment Schedule: Payment terms, amounts, and milestone payment details

6. Schedule 6 - Financial Model: Detailed financial structure and calculations

7. Schedule 7 - Forms of Securities: Templates for bonds, guarantees, and other securities

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and minimum coverage

9. Schedule 9 - Key Personnel: Lists key personnel and their roles/responsibilities

10. Schedule 10 - Forms of Certificates: Templates for various certificates required under the contract

11. Schedule 11 - Quality Management Plan: Detailed quality assurance and control requirements

12. Schedule 12 - Environmental Management Plan: Environmental management requirements and procedures

13. Appendix A - Technical Specifications: Detailed technical requirements and standards

14. Appendix B - Drawings: Initial design drawings and specifications

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions























































































Clauses



















































Relevant Industries

Infrastructure

Commercial Construction

Residential Development

Healthcare Facilities

Education Facilities

Transportation

Energy and Utilities

Industrial Development

Public Works

Urban Development

Relevant Teams

Legal

Finance

Construction

Design

Commercial

Risk Management

Project Controls

Procurement

Operations

Technical Services

Compliance

Project Management

Relevant Roles

Project Director

Construction Manager

Finance Director

Legal Counsel

Contract Manager

Project Engineer

Design Manager

Commercial Manager

Risk Manager

Quantity Surveyor

Chief Financial Officer

Technical Director

Operations Director

Procurement Manager

Compliance Officer

Project Controls 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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