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.
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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
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
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
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