This Design And Construct Contract template is designed for use in construction projects within Nigeria where a single contractor takes responsibility for both design and construction aspects. It is particularly suitable for complex projects where integrated design and construction solutions are desired, offering potential time and cost savings through streamlined project delivery. The document incorporates relevant Nigerian legislation including the Public Procurement Act, National Building Code, and Environmental Impact Assessment Act requirements. It provides comprehensive coverage of key project aspects including design development, construction methodology, quality standards, payment terms, and dispute resolution mechanisms. The contract structure reflects both international best practices and specific Nigerian market conditions, making it suitable for both domestic and international contractors operating in Nigeria.
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1. Parties: Identifies and provides details of the contracting parties
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the contract
4. Project Scope: Defines the overall scope of works and design obligations
5. Contract Documents: Establishes hierarchy and relationship between contract documents
6. Designer's Obligations: Details the design responsibilities and deliverables
7. Constructor's Obligations: Specifies construction responsibilities and standards
8. Employer's Obligations: Outlines the employer's responsibilities including site access and information provision
9. Time for Completion: Sets out project timeline, milestones, and completion requirements
10. Contract Price and Payment: Details the price, payment terms, and mechanisms
11. Variations: Procedures for managing changes to scope or specifications
12. Quality and Compliance: Sets quality standards and compliance requirements
13. Testing and Commissioning: Procedures for testing and accepting completed works
14. Defects Liability: Obligations regarding defect rectification after completion
15. Insurance and Indemnities: Insurance requirements and indemnification obligations
16. Force Majeure: Provisions for handling unforeseen circumstances
17. Termination: Grounds and procedures for contract termination
18. Dispute Resolution: Procedures for resolving disputes
19. Governing Law: Specifies Nigerian law as governing law and jurisdiction
1. Performance Security: Required when contractor must provide performance bonds or guarantees
2. Environmental Protection: Detailed environmental obligations for environmentally sensitive projects
3. Local Content Requirements: Required for projects subject to Nigerian local content regulations
4. Advance Payment: Used when advance payments are part of the payment structure
5. Interface Management: Required when multiple contractors are involved in the project
6. Technology Transfer: Used in projects requiring knowledge transfer to local personnel
7. Step-in Rights: Required for critical infrastructure projects
8. Intellectual Property Rights: Important for projects involving significant design innovation or proprietary technology
1. Schedule 1 - Project Requirements: Detailed technical specifications and requirements
2. Schedule 2 - Site Information: Site details, conditions, and access arrangements
3. Schedule 3 - Program: Detailed project timeline and milestones
4. Schedule 4 - Payment Schedule: Breakdown of payments, milestones, and pricing details
5. Schedule 5 - Design Documents: List of design deliverables and submission requirements
6. Schedule 6 - Quality Management Plan: Quality assurance and control procedures
7. Schedule 7 - Forms of Certificates: Templates for various project certificates
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications
9. Schedule 9 - Key Personnel: List of key project personnel and their roles
10. Appendix A - Form of Performance Security: Template for performance bond or guarantee
11. Appendix B - Form of Advance Payment Guarantee: Template for advance payment guarantee
12. Appendix C - Form of Completion Certificates: Templates for various completion certificates
Relevant legal definitions
Acceptance Certificate
Applicable Laws
Approved Documents
Architect
As-Built Drawings
Authority Approvals
Background IP
Base Date
Bill of Quantities
Claim
Completion Date
Construction Documents
Construction Equipment
Construction Period
Contract
Contract Documents
Contract Price
Contractor
Contractor's Equipment
Contractor's Personnel
Contractor's Representative
Date for Completion
Date of Completion
Defects
Defects Liability Period
Delay Damages
Design Documents
Design Requirements
Drawings
Employer
Employer's Requirements
Environmental Requirements
Extension of Time
Final Completion Certificate
Force Majeure Event
Good Industry Practice
Governing Law
Handover
Insurance Requirements
Intellectual Property Rights
Key Personnel
Local Content Requirements
Materials
Milestone
Notice
Notice to Proceed
Payment Certificate
Performance Security
Permits
Plant
Project
Project Manager
Project Requirements
Project Site
Quality Management Plan
Retention Money
Schedule of Payments
Site
Specifications
Subcontractor
Substantial Completion
Taking-Over Certificate
Technical Requirements
Tests on Completion
Time for Completion
Variation
Works
Working Day
Applicable Laws
Approved Documents
Architect
As-Built Drawings
Authority Approvals
Background IP
Base Date
Bill of Quantities
Claim
Completion Date
Construction Documents
Construction Equipment
Construction Period
Contract
Contract Documents
Contract Price
Contractor
Contractor's Equipment
Contractor's Personnel
Contractor's Representative
Date for Completion
Date of Completion
Defects
Defects Liability Period
Delay Damages
Design Documents
Design Requirements
Drawings
Employer
Employer's Requirements
Environmental Requirements
Extension of Time
Final Completion Certificate
Force Majeure Event
Good Industry Practice
Governing Law
Handover
Insurance Requirements
Intellectual Property Rights
Key Personnel
Local Content Requirements
Materials
Milestone
Notice
Notice to Proceed
Payment Certificate
Performance Security
Permits
Plant
Project
Project Manager
Project Requirements
Project Site
Quality Management Plan
Retention Money
Schedule of Payments
Site
Specifications
Subcontractor
Substantial Completion
Taking-Over Certificate
Technical Requirements
Tests on Completion
Time for Completion
Variation
Works
Working Day
Clauses
Interpretation
Contract Formation
Design Obligations
Construction Obligations
Project Management
Time and Programming
Extensions of Time
Testing and Inspection
Quality Control
Health and Safety
Environmental Protection
Site Access and Conditions
Materials and Workmanship
Variations
Payment
Performance Security
Insurance
Force Majeure
Suspension
Termination
Defects Liability
Warranties
Intellectual Property
Confidentiality
Assignment and Subcontracting
Dispute Resolution
Governing Law
Local Content
Compliance with Laws
Records and Audit
Personnel and Labor
Plant and Equipment
Testing and Commissioning
Completion and Handover
Risk Allocation
Indemnification
Notices
Liability
Interface Management
Contract Formation
Design Obligations
Construction Obligations
Project Management
Time and Programming
Extensions of Time
Testing and Inspection
Quality Control
Health and Safety
Environmental Protection
Site Access and Conditions
Materials and Workmanship
Variations
Payment
Performance Security
Insurance
Force Majeure
Suspension
Termination
Defects Liability
Warranties
Intellectual Property
Confidentiality
Assignment and Subcontracting
Dispute Resolution
Governing Law
Local Content
Compliance with Laws
Records and Audit
Personnel and Labor
Plant and Equipment
Testing and Commissioning
Completion and Handover
Risk Allocation
Indemnification
Notices
Liability
Interface Management
Relevant Industries
Construction
Infrastructure
Real Estate
Oil and Gas
Manufacturing
Healthcare
Education
Hospitality
Industrial
Transportation
Energy
Mining
Telecommunications
Commercial Development
Residential Development
Relevant Teams
Legal
Commercial
Procurement
Operations
Engineering
Design
Construction
Finance
Risk Management
Compliance
Environmental
Health and Safety
Quality Assurance
Project Management
Relevant Roles
Project Director
Construction Manager
Design Manager
Contract Manager
Commercial Director
Legal Counsel
Project Manager
Quantity Surveyor
Chief Engineer
Architect
Procurement Manager
Risk Manager
Technical Director
Operations Manager
Finance Director
Compliance Officer
Environmental Manager
Safety Manager
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