The new NEC4 Design Build and Operate Contract (DBO4) allows Clients to procure a more integrated whole-life delivery solution. It reflects the increasing demand for contracts extending into the operational phase.
This is not designed as a design-build-finance-operate (DBFO) contract. The contract does not include all the provisions that would be required if the supplier was funding the construction and recovering that cost during the operation phase.
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Core Clauses
1 General
2 The Contractor’s main responsibilities
3 Time
4 Quality management
5 Payment
6 Compensation events
7 Use of equipment, Plant and Materials
8 Liabilities and insurance
9 Termination
Resolving and Avoiding Disputes
Option W1
Option W2
Option Clauses
Option X3: Multiple currencies
Option X4: Ultimate holding company guarantee
Option X8: Undertakings to the Client or Others
Option X9: Transfer of rights
Option X10: Information modelling
Option X13: Performance bond
Option X14: Advanced payment to the Contractor
Option X18: Limitation of liability
Option X23: Extending the Service Period
Options X1, X2, X5–X7, X11–X12, X15–X17 and X19–X22 are not used
Option Y(UK)2: The Housing Grants, Construction and Regeneration Act 1996
Option Y(UK)3: The Contracts (Rights of Third Parties) Act 1999
Option Z: Additional conditions of contract
Schedule of Cost Components
Contract Data
Part one – Data provided by the Client
Part two – Data provided by the Contractor
Index



