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Design And Build Agreement Template for India

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Key Requirements PROMPT example:

Design And Build Agreement

"I need a Design and Build Agreement for a 50MW solar power plant project in Gujarat, India, with particular emphasis on technology performance guarantees and local content requirements, where construction needs to commence by March 2025."

Document background
The Design And Build Agreement is utilized in construction projects where a single contractor is responsible for both design and construction phases, streamlining project delivery and reducing coordination risks. This contract type is particularly relevant in the Indian construction sector, where integrated project delivery methods are increasingly favored. The agreement addresses specific Indian legal requirements, including compliance with the Indian Contract Act, RERA regulations, and state-specific building codes. It typically includes comprehensive provisions for design development, construction methodology, quality control, payment mechanisms, and dispute resolution tailored to the Indian legal system. The document is structured to protect both employer and contractor interests while ensuring clarity in risk allocation and project execution responsibilities.
Suggested Sections

1. Parties: Identification and details of the employer and the design-build contractor

2. Background: Context of the project and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Scope of Work: Detailed description of design and construction obligations

5. Contract Documents: Hierarchy and list of contract documents

6. Designer's Obligations: Specific responsibilities related to design services

7. Contractor's Obligations: Construction and general obligations of the contractor

8. Employer's Obligations: Responsibilities of the employer including site access and permits

9. Contract Price and Payment: Price, payment terms, and mechanisms

10. Time for Completion: Project schedule, milestones, and completion dates

11. Design Development and Approval: Process for design submission, review, and approval

12. Quality Assurance and Control: Quality standards, testing, and inspection requirements

13. Variations: Procedures for changes to scope or specifications

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

15. Defects Liability: Defect correction period and obligations

16. Force Majeure: Force majeure events and consequences

17. Suspension and Termination: Rights and procedures for suspension and termination

18. Dispute Resolution: Dispute resolution procedures including arbitration

19. Governing Law and Jurisdiction: Applicable law and jurisdiction provisions

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects

2. Intellectual Property Rights: IP ownership and licensing provisions, important for projects with significant design innovation

3. Environmental Compliance: Specific environmental obligations, necessary for environmentally sensitive projects

4. Site Security: Security requirements for high-risk or sensitive locations

5. Technology Transfer: Provisions for technology transfer, relevant for projects involving new technologies

6. Local Content Requirements: Local sourcing obligations, important for government projects

7. Step-in Rights: Employer's right to step in, relevant for critical infrastructure projects

8. Commissioning and Testing: Detailed commissioning procedures, important for complex facilities

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and scope description

2. Schedule 2 - Project Schedule: Detailed timeline, milestones, and completion dates

3. Schedule 3 - Payment Schedule: Detailed payment terms, milestones, and amounts

4. Schedule 4 - Design Criteria: Technical design requirements and standards

5. Schedule 5 - Site Details: Site information, surveys, and existing conditions

6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates

7. Schedule 7 - Testing and Commissioning: Testing requirements and acceptance criteria

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

9. Schedule 9 - Performance Standards: Performance specifications and acceptance criteria

10. Schedule 10 - Forms of Bonds and Guarantees: Templates for required bonds and guarantees

11. Appendix A - Drawing List: List of all drawings and specifications

12. Appendix B - 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

Industrial

Healthcare

Education

Hospitality

Commercial Development

Residential Development

Manufacturing

Technology Parks

Renewable Energy

Transportation

Retail

Relevant Teams

Legal

Construction

Engineering

Architecture

Project Management

Commercial

Procurement

Risk Management

Quality Assurance

Operations

Finance

Technical Services

Business Development

Contract Administration

Relevant Roles

Project Director

Construction Manager

Contract Manager

Legal Counsel

Project Manager

Chief Engineer

Design Manager

Procurement Manager

Commercial Manager

Risk Manager

Quality Control Manager

Technical Director

Operations Director

Chief Architect

Development Manager

Finance Director

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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