Domestic Subcontract Agreement Template for New Zealand

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Key Requirements PROMPT example:

Domestic Subcontract Agreement

"I need a Domestic Subcontract Agreement for a high-end bathroom renovation project in Auckland, with specific provisions for imported materials and staged payments, where work needs to commence by March 2025."

Document background
The Domestic Subcontract Agreement is essential for residential construction projects in New Zealand where main contractors need to engage specialized subcontractors. This document is designed to comply with New Zealand's legal framework, including the Construction Contracts Act 2002, Building Act 2004, and consumer protection legislation. It's specifically structured to protect all parties' interests while ensuring clear communication of responsibilities, payment terms, and quality standards. The agreement is particularly useful for residential building projects, renovations, and home improvements where specific trades or services are subcontracted. It includes comprehensive provisions for scope definition, payment procedures, dispute resolution, and health and safety requirements, making it suitable for both simple and complex residential construction projects.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including their legal details and contact information

2. Background: Context of the agreement, reference to the head contract, and project overview

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

4. Scope of Works: Detailed description of the subcontracted works, including specifications and standards

5. Contract Price and Payment: Payment terms, amounts, payment schedule, and compliance with Construction Contracts Act 2002

6. Time for Completion: Project timeline, milestones, and completion dates

7. Subcontractor's Obligations: Key responsibilities including workmanship, materials, compliance with laws and standards

8. Main Contractor's Obligations: Responsibilities including site access, information provision, and coordination

9. Health and Safety: Safety requirements, compliance with Health and Safety at Work Act 2015

10. Insurance and Liability: Required insurance coverage and liability provisions

11. Defects Liability: Defects period, remediation process, and warranties

12. Variations: Process for handling changes to scope of works

13. Suspension and Termination: Grounds and process for suspension or termination of works

14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

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

Optional Sections

1. Performance Security: Requirements for bonds or guarantees, used when additional security is required

2. Intellectual Property: IP rights and obligations, included when design or creative work is involved

3. Confidentiality: Confidentiality obligations, used when sensitive information is shared

4. Resource Consent Obligations: Specific obligations related to resource consents, included when relevant to the works

5. Site Conditions: Specific site requirements and conditions, included for complex sites or special conditions

6. Materials Supply: Specific provisions for material supply by main contractor, used when contractor provides materials

7. Retention: Retention money provisions, used when retention is required as security

8. Programming of Works: Detailed programming requirements, used for complex projects with multiple contractors

Suggested Schedules

1. Schedule 1: Scope of Works: Detailed specifications, drawings, and requirements for the subcontracted works

2. Schedule 2: Contract Price Breakdown: Itemized breakdown of the contract price and payment schedule

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

4. Schedule 4: Site Safety Plan: Specific health and safety requirements and procedures

5. Schedule 5: Insurance Requirements: Detailed insurance specifications and coverage requirements

6. Schedule 6: Key Personnel: List of key personnel and their roles from both parties

7. Appendix A: Head Contract Excerpts: Relevant excerpts from the head contract that affect the subcontract

8. Appendix B: Special Conditions: Any special conditions or variations to standard terms

9. Appendix C: Forms and Certificates: Standard forms for variations, payment claims, and completion 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

Residential Construction

Home Renovation

Building and Construction

Home Improvement

Property Development

Construction Services

Trades and Services

Interior Fit-out

Residential Development

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk and Compliance

Project Management

Contract Administration

Finance

Quality Assurance

Relevant Roles

Construction Manager

Project Manager

Site Supervisor

Contracts Administrator

Quantity Surveyor

Building Contractor

Construction Director

Operations Manager

Legal Counsel

Risk Manager

Procurement Manager

Commercial Manager

Estimator

Contract Manager

Compliance Officer

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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