Construction Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Settlement Agreement

"I need a Construction Settlement Agreement to resolve a dispute with ABC Builders Limited regarding defective bathroom installations in a 20-unit apartment complex, with a settlement sum of $450,000 and a requirement for them to complete remedial works by March 2025."

Document background
The Construction Settlement Agreement is a crucial document used in New Zealand's construction industry when parties need to resolve disputes, claims, or outstanding issues arising from construction projects. It's typically employed when parties wish to document the final resolution of disputes, whether they relate to payment claims, defective works, delays, or other construction-related issues. The agreement must comply with New Zealand law, particularly the Construction Contracts Act 2002, Building Act 2004, and relevant regulations. It includes essential provisions such as settlement terms, payment arrangements, completion requirements for any outstanding works, and mutual releases. This document is particularly important in providing certainty and finality to construction disputes while maintaining compliance with New Zealand's regulatory framework.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background: Outlines the construction project details, the original contract, and the nature of disputes or issues being settled

3. Definitions and Interpretation: Defines key terms used in the agreement and establishes rules for interpretation

4. Settlement Sum: Specifies the agreed settlement amount and payment terms

5. Release and Discharge: Details mutual releases from claims and obligations related to the settled matters

6. Completion of Outstanding Works: Lists any remaining work to be completed and associated timeframes

7. Confidentiality: Sets out confidentiality obligations regarding the settlement terms and discussions

8. No Admission of Liability: States that the settlement does not constitute admission of liability by any party

9. Entire Agreement: Confirms this agreement supersedes all previous agreements regarding the settled matters

10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and relevant jurisdiction

11. Execution: Formal signing section including execution clauses and date

Optional Sections

1. Warranties and Guarantees: Include when ongoing warranties or guarantees survive the settlement

2. Insurance: Include when specific insurance arrangements need to be maintained post-settlement

3. Building Consent Compliance: Include when there are outstanding building consent or compliance issues to be resolved

4. Dispute Resolution: Include when specific dispute resolution processes are needed for future issues

5. Third Party Rights: Include when the settlement affects rights of third parties such as subcontractors

6. Publicity: Include when parties need specific terms about public statements regarding the settlement

7. Tax Provisions: Include when there are specific tax implications that need to be addressed

8. Retention of Records: Include when specific requirements exist for maintaining project records

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of settlement payments, including amounts, dates, and payment methods

2. Schedule 2 - Outstanding Works: Detailed list of any remaining works to be completed, including specifications and timeframes

3. Schedule 3 - Original Contract Documents: List of original contract documents being settled

4. Schedule 4 - Settled Claims: Detailed description of all claims being settled under the agreement

5. Schedule 5 - Release Documents: Forms of release or discharge to be executed

6. Appendix A - Defects List: List of identified defects and agreed remediation approach

7. Appendix B - Compliance Documents: Copies of relevant compliance certificates or documentation

8. Appendix C - As-Built Documentation: Final as-built drawings and specifications if relevant to the settlement

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 Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Civil Engineering

Building and Construction

Property Development

Architecture and Design

Relevant Teams

Legal

Construction

Operations

Commercial

Finance

Risk and Compliance

Project Management

Contract Administration

Development

Executive Leadership

Relevant Roles

Construction Manager

Project Director

Contract Administrator

Legal Counsel

Commercial Manager

Chief Executive Officer

Operations Director

Risk Manager

Quantity Surveyor

Project Manager

Site Manager

Development Manager

Construction Lawyer

Claims Manager

Financial Controller

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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