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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."
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
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
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
Building Works
Business Day
Claim
Completion Date
Confidential Information
Construction Contract
Defects
Dispute
Effective Date
Existing Contract
Final Payment
GST
Intellectual Property Rights
Liability
Original Contract
Outstanding Works
Parties
Payment Schedule
Project
Project Site
Release Date
Representatives
Settlement Amount
Settlement Sum
Settled Claims
Settlement Date
Specifications
Subcontractors
Variation
Warranties
Works
Working Day
Definitions
Settlement Terms
Payment Obligations
Release and Discharge
Outstanding Works
Completion Requirements
Defects Liability
Warranties
Confidentiality
Further Assurance
Entire Agreement
Severability
Assignment
Variation
Waiver
Notices
Force Majeure
Dispute Resolution
Governing Law
GST and Tax
Insurance
Building Compliance
Health and Safety
Intellectual Property
Third Party Rights
Time of the Essence
Representations and Warranties
Indemnification
Costs
Execution
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Civil Engineering
Building and Construction
Property Development
Architecture and Design
Legal
Construction
Operations
Commercial
Finance
Risk and Compliance
Project Management
Contract Administration
Development
Executive Leadership
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
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