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Buyer Builder Agreement
"I need a Buyer Builder Agreement for a residential property development in Auckland, New Zealand, where I'm planning to build a luxury three-story home with specific sustainable building requirements and a completion date of March 2025."
1. Parties: Identifies and provides full details of the Builder and the Buyer/Client
2. Background: Sets out the context of the agreement, including the Buyer's intention to engage the Builder for construction work
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Works: Detailed description of the building work to be performed, including any exclusions
5. Contract Price and Payment Terms: Specifies the total contract price, payment schedule, and payment claim procedures in accordance with the Construction Contracts Act
6. Time for Completion: Sets out the construction timeline, including start date, completion date, and provisions for extensions of time
7. Builder's Obligations: Details the Builder's responsibilities, including compliance with building codes, obtaining permits, and maintaining insurance
8. Buyer's Obligations: Outlines the Buyer's responsibilities, including site access, approvals, and timely decision-making
9. Variations: Procedures for requesting, approving, and pricing changes to the scope of works
10. Quality and Inspections: Standards for workmanship, materials, and inspection processes
11. Warranties: Builder's warranties and guarantees, including statutory warranties under the Building Act
12. Risk and Insurance: Allocation of risk and required insurance coverage
13. Default and Termination: Circumstances and procedures for termination, including default remedies
14. Dispute Resolution: Process for resolving disputes in accordance with NZ construction law
15. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Provisional Sums: Used when certain costs cannot be accurately determined at contract signing, specifying estimated amounts for uncertain works
2. Prime Cost Items: Include when specific items are to be selected by the Buyer during construction, with provisional allowances
3. Subcontractors: Required when specific rules about subcontracting need to be established
4. Retention: Include when a retention regime is required for quality assurance
5. Liquidated Damages: Used when parties agree to pre-determined damages for specific breaches, particularly delay
6. Resource Consent: Include when the project requires specific resource consent obligations
7. Temporary Works: Required for projects needing significant temporary structures or facilities
8. Practical Completion: Detailed completion procedures for complex projects
9. Defects Liability Period: Extended warranty provisions beyond statutory requirements
10. Materials Supply: Include when the Buyer will supply certain materials
1. Schedule 1 - Plans and Specifications: Detailed architectural and engineering drawings, technical specifications
2. Schedule 2 - Payment Schedule: Detailed breakdown of progress payments, milestone payments, and payment timing
3. Schedule 3 - Construction Program: Detailed timeline of construction activities and milestones
4. Schedule 4 - Site Information: Site plans, geotechnical reports, and existing conditions
5. Schedule 5 - Special Conditions: Any project-specific requirements or variations to standard terms
6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Appendix A - Building Consent: Copies of building consent documentation
8. Appendix B - Cost Breakdown: Itemized breakdown of construction costs
9. Appendix C - Materials Specifications: Detailed specifications for materials to be used
10. Appendix D - Quality Assurance Plan: Quality control procedures and inspection requirements
Authors
Approved Plans
Building Consent
Building Contract Works
Building Inspector
Building Site
Business Day
Buyer
Builder
Certificate of Practical Completion
Claim
Code Compliance Certificate
Commencement Date
Completion Date
Construction Program
Contract
Contract Documents
Contract Price
Contract Works
Defects
Defects Liability Period
Drawings
Extension of Time
Final Completion
Force Majeure Event
GST
Instruction
Licensed Building Practitioner
Local Authority
Materials
Notice
Payment Claim
Payment Schedule
Practical Completion
Prime Cost Items
Principal
Progress Payment
Project
Provisional Sum
Resource Consent
Retention Sum
Schedule of Quantities
Site
Specifications
Subcontractor
Substantial Completion
Variation
Variation Order
Works
Working Day
Definitions
Scope of Works
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Builder's Obligations
Buyer's Obligations
Site Access
Materials and Workmanship
Quality Assurance
Variations
Insurance
Indemnity
Warranties
Defects Liability
Building Consent
Resource Consent
Health and Safety
Environmental Compliance
Subcontracting
Assignment
Dispute Resolution
Termination
Force Majeure
Practical Completion
Retention
Security
Confidentiality
Intellectual Property
Notices
GST and Taxation
Risk Allocation
Compliance with Laws
Progress Reports
Site Conditions
Documentation
Project Management
Testing and Commissioning
Default
Remedies
Building Code Compliance
Provisional Sums
Prime Cost Items
Construction Program
Entire Agreement
Governing Law
Severability
Construction
Real Estate
Residential Property
Commercial Property
Property Development
Building and Infrastructure
Home Improvement
Architecture and Design
Project Management
Property Investment
Legal
Construction
Operations
Commercial
Procurement
Risk and Compliance
Property Development
Contract Administration
Project Management
Quality Assurance
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Property Developer
Building Contractor
Site Manager
Quantity Surveyor
Commercial Manager
Operations Director
Procurement Manager
Risk Manager
Compliance Officer
Development Manager
Construction Lawyer
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