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Design Agreement For (Construction)
"I need a Design Agreement For (Construction) for a large-scale commercial development project in Mumbai, where our company will engage a multinational architectural firm for comprehensive design services, including green building certification requirements and BIM modeling, with project completion targeted for December 2025."
1. Parties: Identification of the design professional/firm and the client, including their legal status and contact details
2. Background: Context of the agreement, project overview, and purpose of engaging the design services
3. Definitions: Defined terms used throughout the agreement
4. Scope of Services: Detailed description of design services to be provided, including deliverables and exclusions
5. Designer's Obligations: Key responsibilities, professional standards, compliance requirements, and performance standards
6. Client's Obligations: Client's responsibilities including providing information, access, and approvals
7. Project Timeline: Design development stages, milestones, and delivery schedules
8. Fee Structure and Payment Terms: Design fees, payment schedule, expenses, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of designs, drawings, and other deliverables
10. Modifications and Variations: Process for handling changes to scope or design requirements
11. Quality Assurance: Design review processes, standards, and quality control procedures
12. Confidentiality: Protection of confidential information and trade secrets
13. Liability and Insurance: Professional liability, indemnification, and insurance requirements
14. Termination: Conditions and procedures for termination of the agreement
15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
16. General Provisions: Standard contractual clauses including notices, governing law, and entire agreement
1. Multi-Phase Design Services: Used when the project is divided into distinct design phases with separate approvals and payments
2. Subconsultants: Include when the designer needs to engage specialized consultants or subcontractors
3. Building Information Modeling (BIM): Required for projects using BIM, specifying protocols and responsibilities
4. Sustainable Design Requirements: For projects targeting specific environmental certifications or sustainability goals
5. Value Engineering: Include when cost optimization processes are part of the scope
6. Site Supervision: When designer's scope includes construction phase supervision
7. International Standards Compliance: For projects requiring compliance with specific international design standards
8. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant post-COVID
9. Client's Direct Contractors: Coordination requirements with other contractors engaged directly by the client
1. Schedule A - Scope of Services Matrix: Detailed breakdown of design services, deliverables, and responsibilities
2. Schedule B - Fee Schedule: Detailed fee breakdown, payment milestones, and rate cards
3. Schedule C - Project Timeline: Detailed project program, milestones, and delivery dates
4. Schedule D - Key Personnel: List of key design team members and their roles
5. Schedule E - Client's Requirements: Detailed brief, design criteria, and performance requirements
6. Schedule F - Drawing List: List of drawings and specifications to be delivered
7. Schedule G - Quality Assurance Procedures: Detailed QA/QC processes and standards
8. Schedule H - Insurance Requirements: Specific insurance types and coverage levels required
9. Appendix 1 - Standard of Care: Detailed professional standards and compliance requirements
10. Appendix 2 - Design Review Process: Step-by-step procedure for design reviews and approvals
Authors
Applicable Laws
Approved Documents
Architect
Authority Approvals
BIM Protocol
Building Codes
Client
Client's Requirements
Commencement Date
Completion Date
Confidential Information
Construction Documents
Consultant
Contract Price
Defects
Design Documents
Design Program
Design Services
Designer
Drawings
Effective Date
Final Design
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Payment Schedule
Performance Standards
Preliminaries
Professional Indemnity Insurance
Project
Project Manager
Project Site
Quality Assurance Plan
Regulatory Requirements
Schedule of Services
Scope Changes
Services
Specifications
Sub-Consultant
Substantial Completion
Technical Requirements
Time Schedule
Variations
Works
Appointment
Scope of Services
Standard of Care
Professional Obligations
Client Obligations
Design Development
Design Approval
Deliverables
Project Timeline
Payment Terms
Intellectual Property Rights
Confidentiality
Professional Indemnity
Liability and Insurance
Force Majeure
Quality Assurance
Document Management
Change Control
Variations
Dispute Resolution
Termination
Assignment
Notices
Governing Law
Warranties
Sub-contracting
Records and Audit
Health and Safety
Environmental Compliance
Personnel
Site Access
Regulatory Compliance
Performance Standards
Communication Protocol
Risk Management
Data Protection
Anti-Corruption
Entire Agreement
Commercial Real Estate
Residential Construction
Industrial Construction
Infrastructure Development
Healthcare Facilities
Educational Institutions
Retail Development
Hospitality
Mixed-Use Development
Public Infrastructure
Smart Cities
Industrial Parks
Special Economic Zones
Urban Development
Legal
Project Management
Design
Architecture
Construction
Commercial
Procurement
Risk & Compliance
Technical Services
Business Development
Operations
Quality Assurance
Project Manager
Architect
Design Manager
Construction Manager
Legal Counsel
Contract Manager
Property Developer
Development Director
Technical Director
Chief Architect
Design Coordinator
Project Director
Commercial Manager
Procurement Manager
Risk Manager
Compliance Officer
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