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Downloadable WORD Document — DBIA Document No. 565, Standard Form of Agreement Between Design-Builder and Design-Build Subcontractor — Lump Sum, 2010 Edition (“Agreement”) sets forth the terms and conditions under which the design and construction of a specified portion of the Project will be performed, and should be used only when the parties intend that Design-Builder pay Design-Build Subcontractor a lump sum fixed price for the completion of the Work.
Document 565 is appropriate where there is certainty as to Owner’s Project Criteria, or if the Construction Documents are final. If there is uncertainty about Owner’s Project Criteria, or it remains to be developed jointly, a cost plus fee/guaranteed maximum price (“GMP”) contracting approach may be more suitable. In such case, the parties should use DBIA Document No. 560 Standard Form of Agreement Between Design-Builder and Design-Build Subcontractor — Cost Plus Fee with an Option for a Guaranteed Maximum Price.