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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."
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
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
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
Approved Documents
As-Built Drawings
Building Consent
Building Contract Price
Business Day
Certificate of Practical Completion
Claim
Commencement Date
Completion Date
Construction Equipment
Construction Period
Construction Site
Contract Documents
Contractor
Contractor's Personnel
Contractor's Representative
Date for Practical Completion
Defects
Defects Liability Period
Delay
Design Documents
Extension of Time
Force Majeure Event
GST
Health and Safety Plan
Intellectual Property Rights
Legislative Requirements
Materials
Notice
Owner
Owner's Representative
Payment Claim
Payment Schedule
Practical Completion
Principal
Program
Project
Provisional Sum
Retention Money
Schedule of Rates
Scope of Works
Site
Specifications
Subcontractor
Substantial Completion
Variation
Works
Scope of Works
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Contractor Obligations
Owner Obligations
Site Access and Conditions
Materials and Workmanship
Quality Assurance
Variations
Health and Safety
Insurance
Indemnity
Intellectual Property
Defects Liability
Practical Completion
Warranties
Force Majeure
Default and Termination
Dispute Resolution
Confidentiality
Assignment and Subcontracting
Notices
Risk Allocation
Retention
Security
Bonds and Guarantees
Compliance with Laws
Environmental Protection
Documentation and Reporting
Site Management
Program of Works
Testing and Commissioning
Handover
Governing Law
Severability
Entire Agreement
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Property Development
Real Estate
Building and Construction
Civil Engineering
Architecture and Design
Project Management
Legal
Construction
Property Development
Commercial
Procurement
Project Management
Risk and Compliance
Operations
Contract Administration
Business Development
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
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