Design Build Contract for Malta

Design Build Contract Template for Malta

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Design Build Contract

"I need a Design Build Contract under Maltese law for a boutique hotel development project starting in March 2025, with particular emphasis on sustainable building practices and local heritage preservation requirements."

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What is a Design Build Contract?

This Design Build Contract template is specifically structured for use in Malta, incorporating requirements from the Maltese Civil Code, Building Regulation Act, and other relevant legislation. It is particularly suitable for projects where the employer wishes to have a single point of responsibility for both design and construction work, streamlining project delivery and risk allocation. The document includes comprehensive provisions for project execution, from initial design through to construction completion and defects liability period, with specific attention to local building regulations and professional requirements for Periti (architects and civil engineers). This contract type is commonly used for complex construction projects where design flexibility and contractor innovation are desired, while maintaining clear accountability and risk transfer mechanisms.

What sections should be included in a Design Build Contract?

1. Parties: Identification 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. Contractor's General Obligations: Overall scope of works, including both design and construction responsibilities

5. Design Obligations: Specific obligations related to design services, professional standards, and design approval process

6. Construction Obligations: Specific obligations related to construction works, methodologies, and standards

7. Employer's Obligations: Employer's responsibilities including site access, permits, and payments

8. Contract Price and Payment: Price structure, payment terms, variations, and payment procedures

9. Time for Completion: Project timeline, milestones, extensions of time, and delay damages

10. Quality and Defects: Quality standards, testing, inspections, and defects liability period

11. Risk and Insurance: Risk allocation, required insurance coverage, and indemnities

12. Variations: Procedures for changes to works, pricing of variations, and impact assessment

13. Testing and Completion: Testing requirements, completion certificates, and handover procedures

14. Defects Liability: Post-completion obligations, defects correction period, and remedial works

15. Force Majeure and Termination: Force majeure events, termination rights, and consequences

16. Disputes Resolution: Dispute resolution procedures, applicable law, and jurisdiction

17. General Provisions: Miscellaneous legal provisions including notices, assignments, and waivers

What sections are optional to include in a Design Build Contract?

1. Building Information Modeling (BIM): Specific provisions for BIM implementation, to be included if BIM is required for the project

2. Environmental Requirements: Additional environmental obligations beyond statutory requirements, if project has specific environmental goals

3. Stakeholder Engagement: Requirements for community liaison and stakeholder management, for projects with significant public impact

4. Value Engineering: Provisions for value engineering proposals and sharing of cost savings

5. Apprenticeship Requirements: Specific provisions for employing apprentices, if required by funding or policy

6. Archaeological Findings: Procedures for dealing with archaeological discoveries, for projects in historically sensitive areas

7. Provisional Sums: Management of provisional sums, if applicable to the pricing structure

8. Performance Bonds: Requirements for performance bonds, if additional security is required

What schedules should be included in a Design Build Contract?

1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements for the works

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

3. Schedule 3 - Time Schedule: Detailed program of works, key dates, and milestones

4. Schedule 4 - Payment Schedule: Payment breakdown, milestones, and pricing details

5. Schedule 5 - Design Deliverables: List of required design submissions and approval procedures

6. Schedule 6 - Key Personnel: Details of key personnel from both parties

7. Schedule 7 - Forms of Certificates: Templates for various certificates required during the project

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

9. Schedule 9 - Performance Specifications: Specific performance criteria and standards for the works

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

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

12. Appendix B - Permits and Approvals: List of required permits and responsibility matrix

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Commercial Property

Hospitality

Healthcare

Education

Renewable Energy

Manufacturing

Retail

Technology

Transport

Relevant Teams

Legal

Commercial

Operations

Procurement

Construction

Design

Finance

Risk Management

Compliance

Business Development

Project Management

Technical Services

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Legal Counsel

Commercial Director

Development Director

Chief Executive Officer

Procurement Manager

Risk Manager

Technical Director

Design Manager

Operations Director

Finance Director

Quantity Surveyor

Site Manager

Compliance Officer

Business Development Manager

Industries
Civil Code of Malta (Chapter 16): Primary legislation governing contracts, obligations, and civil matters in Malta. Contains fundamental principles of contract formation, performance, and remedies.
Building Regulation Act (Chapter 513): Regulates building and construction activities, including technical requirements, permits, and compliance standards for construction projects.
Development Planning Act (Chapter 552): Governs planning permissions and development regulations, crucial for design and construction projects.
Building and Construction Authority Act: Establishes the regulatory framework for the construction industry, including contractor obligations and industry standards.
Occupational Health and Safety Authority Act (Chapter 424): Sets out health and safety requirements for construction sites and worker protection measures.
Environment Protection Act (Chapter 549): Provides environmental protection requirements that must be considered in design and construction projects.
Employment and Industrial Relations Act (Chapter 452): Governs employment relationships and working conditions relevant to construction projects.
Periti Act (Chapter 390): Regulates architects and civil engineers (Periti) in Malta, including their professional obligations in design and construction projects.
Public Procurement Regulations (S.L. 601.03): Relevant if the project involves public procurement or government contracts.
Energy Performance of Buildings Regulations (S.L. 513.01): Specifies energy efficiency requirements that must be incorporated into building design and construction.
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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