Construction Agreement Between Owner And Contractor Template for New Zealand

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Key Requirements PROMPT example:

Construction Agreement Between Owner And Contractor

"I need a Construction Agreement Between Owner and Contractor for a commercial office building project in Auckland, with construction starting March 2025, including specific provisions for staged completion and retention requirements under NZ law."

Document background
The Construction Agreement Between Owner And Contractor is a fundamental document in New Zealand's construction industry, essential for any significant building or development project. This agreement is designed to comply with New Zealand's legal framework, particularly the Construction Contracts Act 2002 and Building Act 2004, providing a comprehensive contractual foundation for construction projects. It should be used whenever a property owner or developer engages a contractor to undertake construction works, whether for commercial, residential, or industrial projects. The agreement covers crucial aspects including scope of works, payment terms, completion timeframes, quality standards, dispute resolution procedures, and risk allocation. It incorporates necessary provisions for compliance with local building codes, health and safety requirements, and environmental regulations, while providing flexibility to accommodate project-specific requirements through schedules and appendices.
Suggested Sections

1. Parties: Identifies and provides full legal details of the Owner and Contractor

2. Background: Sets out the context of the agreement, including project overview and parties' intentions

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Scope of Works: Detailed description of the construction works to be performed by the Contractor

5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment claim procedures in accordance with the Construction Contracts Act

6. Time for Completion: Sets out the commencement date, completion date, and provisions for extensions of time

7. Contractor's Obligations: Details the Contractor's responsibilities, including compliance with laws, permits, and workmanship standards

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access, approvals, and information provision

9. Variations: Procedures for requesting, pricing, and implementing changes to the scope of works

10. Health and Safety: Requirements for site safety, compliance with Health and Safety at Work Act, and safety management

11. Insurance and Liability: Insurance requirements and allocation of risks between parties

12. Defects Liability: Provisions for identifying and rectifying defects during and after construction

13. Dispute Resolution: Procedures for resolving disputes in accordance with NZ law

14. Termination: Grounds and procedures for contract termination by either party

15. General Provisions: Standard contractual provisions including notices, assignment, and governing law

Optional Sections

1. Retention Money: Required when using retention payments, must comply with Construction Contracts Act requirements for retention money

2. Bonds and Guarantees: Used when performance bonds or guarantees are required for the project

3. Provisional Sums: Included when certain works cannot be precisely specified or priced at contract formation

4. Subcontracting: Detailed provisions for subcontractor engagement and management, required for larger projects

5. Materials and Equipment Supply: Specific provisions for supply and storage of materials, used in projects with significant material components

6. Resource Consent Obligations: Required when resource consents are needed under the Resource Management Act

7. Intellectual Property: Included when design elements or proprietary methods are involved

8. Liquidated Damages: Optional clause for predetermined damages in case of delay or specific breaches

Suggested Schedules

1. Schedule 1: Contract Details: Key project information including contact details, key dates, and contract sum

2. Schedule 2: Scope of Works: Detailed specifications, drawings, and technical requirements

3. Schedule 3: Program of Works: Construction timeline, milestones, and completion dates

4. Schedule 4: Payment Schedule: Payment amounts, timing, and claim procedures

5. Schedule 5: Site Information: Site details, access points, and known site conditions

6. Schedule 6: Special Conditions: Any project-specific requirements or variations to standard terms

7. Appendix A: Drawings: Approved construction drawings and design documents

8. Appendix B: Technical Specifications: Detailed technical requirements and standards

9. Appendix C: Health and Safety Plan: Site-specific safety management plan and procedures

10. Appendix D: Insurance Certificates: Copies of required insurance policies and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Property Development

Real Estate

Building and Construction

Civil Engineering

Architecture and Design

Project Management

Relevant Teams

Legal

Construction

Property Development

Commercial

Procurement

Project Management

Risk and Compliance

Operations

Contract Administration

Business Development

Relevant Roles

Construction Manager

Project Director

Contract Administrator

Property Developer

Site Manager

Construction Lawyer

Quantity Surveyor

Building Inspector

Procurement Manager

Development Manager

Legal Counsel

Commercial Manager

Risk Manager

Compliance Officer

Project Engineer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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