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Construction Warranty Agreement

Construction Warranty Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Warranty Agreement

"I need a Construction Warranty Agreement for a new 50-unit residential development in Auckland, New Zealand, with a 10-year warranty period, including specific provisions for common areas and staged completion dates throughout 2025."

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Document background
The Construction Warranty Agreement serves as a critical risk management tool in New Zealand's construction industry, providing property owners and developers with assurance regarding the quality and durability of completed works. This document is typically executed following the completion of construction projects and before final handover, establishing the contractor's ongoing obligations to remedy defects discovered during the warranty period. The agreement must comply with New Zealand's regulatory framework, including the Building Act 2004 and Construction Contracts Act 2002, and typically includes detailed specifications of warranted works, defect categories, and claim procedures. It is essential for both residential and commercial construction projects, providing a clear framework for addressing construction defects and maintaining building quality standards.
Suggested Sections

1. Parties: Identification of the warrantor (construction company/contractor) and warranty beneficiary (property owner/developer)

2. Background: Context of the construction project, reference to main construction contract, and purpose of the warranty

3. Definitions: Defined terms including 'Defects', 'Warranty Period', 'Works', 'Property', and other key terms

4. Warranty Coverage: Scope of warranty, specific elements covered, and quality standards guaranteed

5. Duration of Warranty: Warranty period, commencement date, and any conditions affecting duration

6. Warrantor's Obligations: Specific obligations to remedy defects, response times, and quality of remedial work

7. Claim Procedures: Process for notifying defects, inspection procedures, and response timeframes

8. Limitations and Exclusions: Specific exclusions from warranty coverage and limitations of liability

9. Assignment: Terms regarding transfer of warranty benefits to subsequent property owners

10. Dispute Resolution: Process for resolving disputes related to warranty claims

11. Governing Law: Confirmation of New Zealand law governance and jurisdiction

Optional Sections

1. Multiple Unit Provisions: Additional terms for multi-unit developments or staged construction projects

2. Insurance Requirements: Specific insurance obligations during the warranty period

3. Maintenance Requirements: Required maintenance by the owner to maintain warranty validity

4. Subcontractor Warranties: Integration of separate subcontractor warranties and their relationship to main warranty

5. Building Code Compliance: Specific provisions relating to ongoing Building Code compliance

6. Environmental Warranties: Specific warranties relating to environmental aspects or green building standards

Suggested Schedules

1. Schedule 1 - Warranted Works: Detailed description of construction works covered by the warranty

2. Schedule 2 - Defect Categories: Classification of different types of defects and corresponding response times

3. Schedule 3 - Property Details: Specific details of the property including legal description and relevant certificates

4. Schedule 4 - Claim Form Template: Standard form for submitting warranty claims

5. Appendix A - Building Consent Documentation: Copies of relevant building consents and code compliance certificates

6. Appendix B - As-Built Documentation: Final as-built drawings and specifications relevant to warranted works

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Building Code
Building Consent
Certificate of Practical Completion
Code Compliance Certificate
Commencement Date
Completion Date
Construction Works
Contractor
Defect
Latent Defect
Patent Defect
Design Documentation
Effective Date
Emergency Defect
Excluded Defects
Fair Wear and Tear
Good Industry Practice
Limitation Period
Maintenance Requirements
Major Defect
Minor Defect
Notice
Owner
Parties
Property
Reasonable Access
Remedial Works
Response Time
Site
Specifications
Subcontractor
Substantial Completion
Territorial Authority
Warranted Works
Warranty Claim
Warranty Period
Workmanship
Works
Clauses
Interpretation
Warranties
Duration
Scope of Works
Defect Classification
Response Times
Claim Procedures
Remedial Works
Access Rights
Quality Standards
Building Code Compliance
Limitations and Exclusions
Insurance
Assignment
Force Majeure
Dispute Resolution
Notices
Governing Law
Entire Agreement
Severability
Third Party Rights
Subcontractor Warranties
Maintenance Requirements
Emergency Repairs
Health and Safety
Environmental Compliance
Documentation Requirements
Liability
Indemnification
Termination
Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Building Services

Architecture and Design

Engineering

Project Management

Relevant Teams

Legal

Construction

Project Management

Quality Assurance

Compliance

Risk Management

Property Development

Facilities Management

Contract Administration

Technical Services

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Administrator

Property Developer

Building Inspector

Quality Assurance Manager

Site Manager

Development Manager

Compliance Officer

Risk Manager

Construction Lawyer

Property Manager

Facilities Manager

Project Manager

Industries
Building Act 2004: Primary legislation governing building work in New Zealand, establishing building code compliance, standards, and regulatory requirements for construction
Construction Contracts Act 2002: Regulates construction contracts, payment provisions, and dispute resolution processes in the construction industry
Consumer Guarantees Act 1993: Provides statutory guarantees for services, including construction work, ensuring they are carried out with reasonable care and skill
Contract and Commercial Law Act 2017: Provides the general framework for contract formation, interpretation, and enforcement in New Zealand
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade, including representations about warranties and guarantees
Health and Safety at Work Act 2015: Establishes ongoing obligations regarding safety standards that may be relevant to warranty terms and remedial work
Building Regulations 1992 (Building Code): Specifies detailed performance standards for building work that warranty terms must align with
Limitation Act 2010: Sets time limits for bringing claims, which affects the duration and enforcement of warranty provisions
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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