Design Build Maintain Contract Template for Singapore

A Design Build Maintain Contract is a comprehensive agreement that assigns a single contractor responsibility for the complete lifecycle of a construction project, from initial design through construction to long-term maintenance. This integrated approach streamlines project delivery while ensuring consistent quality and performance standards throughout the facility's operational life.

When do you need this document?

You need this contract when undertaking major infrastructure projects, commercial developments, or public facilities where long-term performance is critical. It's particularly valuable for complex projects like hospitals, schools, transportation hubs, or industrial facilities where maintenance costs significantly impact total lifecycle value. This contract type is ideal when you want to transfer design and construction risks to a single entity while securing guaranteed maintenance performance. It's also essential for projects requiring specialized technical expertise that spans multiple disciplines, or when you need to accelerate project delivery by allowing design and construction to proceed concurrently.

Key legal considerations

The contract must clearly define the scope of design, construction, and maintenance obligations to prevent disputes over responsibility boundaries. Performance standards and acceptance criteria should be detailed and measurable, particularly for maintenance obligations that extend years beyond construction completion. Payment mechanisms require careful structuring, including provisions for progress payments during construction and ongoing maintenance fees. You must address intellectual property rights for design work, professional indemnity insurance requirements, and liability allocation between parties. The contract should include robust variation procedures, as design changes can significantly impact both construction and maintenance phases. Termination clauses need special attention given the long-term nature of maintenance obligations, and dispute resolution mechanisms should account for the different types of issues that may arise across the project lifecycle.

Legal requirements in Singapore

Your contract must comply with the Building Control Act, which governs building plan approvals, structural safety standards, and construction supervision requirements. All design work must be certified by qualified professionals under the Professional Engineers Act and Architects Act, with appropriate professional indemnity coverage. Payment terms must align with the Security of Payment Act (SOPA), including specific provisions for progress payment claims and adjudication procedures. The contract should reference Building Control Regulations for detailed technical standards and approval procedures. You must ensure compliance with BCA guidelines for sustainable construction and maintenance practices. The agreement should incorporate standard contract conditions recognized in Singapore, such as the SIA or PSSCOC forms where applicable, while addressing the unique aspects of the design-build-maintain delivery method.