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Joint Venture Building Agreement
"I need a Joint Venture Building Agreement for a partnership between a construction company and an architecture firm to develop a mixed-use commercial property in Auckland, with project commencement planned for March 2025 and an estimated value of NZD 50 million."
1. Parties: Identification and details of the joint venture partners
2. Background: Context of the joint venture, project description, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Joint Venture Structure: Legal structure, ownership interests, and management framework
5. Contributions: Financial, asset, and resource contributions from each party
6. Management and Control: Decision-making processes, voting rights, and management structure
7. Construction obligations: Specific responsibilities related to the building project
8. Financial Arrangements: Budget, cost sharing, profit distribution, and accounting procedures
9. Project Timeline: Key milestones, completion dates, and schedule management
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Dispute Resolution: Process for resolving disputes between parties
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Intellectual Property: Rights and obligations regarding IP created during the project, used when significant IP is expected to be developed
2. Employment Matters: Staff sharing and employment responsibilities, needed when parties share employees
3. Environmental Compliance: Specific environmental obligations, included for projects with significant environmental impact
4. Indigenous Rights: Provisions relating to Māori interests and Treaty of Waitangi obligations, required when project affects Māori interests
5. Step-in Rights: Rights to take over partner's responsibilities in case of default, included for high-value or critical projects
6. Marketing and Branding: Guidelines for project marketing and brand usage, relevant for commercial developments
7. Refinancing Provisions: Terms for seeking additional funding, included for large-scale projects
8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or complex projects
1. Project Specifications: Detailed technical specifications and building requirements
2. Construction Program: Detailed timeline and scheduling information
3. Budget and Cost Allocation: Detailed financial projections and cost sharing arrangements
4. Party Contributions Schedule: Specific list of each party's contributions (financial, assets, resources)
5. Key Personnel: List of key staff and their roles from each party
6. Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Site Plans and Drawings: Technical drawings and site layout plans
8. Consents and Permits: List of required regulatory approvals and their status
9. Form of Payment Claims: Templates for payment claims and variations
10. Subcontractor Requirements: Standards and requirements for engaging subcontractors
Authors
Authorised Representative
Building Consent
Building Works
Business Day
Code Compliance Certificate
Commencement Date
Completion Date
Construction Documents
Construction Program
Construction Site
Contributions
Defects Liability Period
Development Approvals
Dispute
Drawings
Force Majeure Event
Good Industry Practice
GST
Insolvency Event
Intellectual Property Rights
Joint Venture
Joint Venture Committee
Joint Venture Interest
Key Personnel
Loss
Management Committee
Material Breach
Parties
Payment Claim
Payment Schedule
Practical Completion
Project
Project Account
Project Budget
Project Manager
Project Specifications
Related Company
Resource Consent
Schedule of Rates
Services
Site
Specifications
Subcontractor
Term
Variation
Works
Joint Venture Formation
Contributions and Funding
Management and Control
Construction Obligations
Project Management
Health and Safety
Insurance and Liability
Payment Terms
Variations
Quality Assurance
Defects and Warranties
Intellectual Property
Confidentiality
Resource and Building Consents
Environmental Compliance
Force Majeure
Dispute Resolution
Default and Termination
Assignment and Subcontracting
Notices
Relationship of Parties
Indemnities
Record Keeping and Audit
Bank Accounts and Financial Management
Decision Making
Competition and Exclusivity
Amendments
Governing Law
Severability
Entire Agreement
Counterparts
Construction
Real Estate
Infrastructure
Commercial Property
Residential Development
Industrial Development
Urban Development
Engineering
Architecture
Project Management
Legal
Construction
Project Management
Commercial
Finance
Operations
Risk & Compliance
Development
Procurement
Executive Leadership
CEO
Managing Director
Construction Manager
Project Director
Legal Counsel
Contract Manager
Development Manager
Commercial Director
Finance Director
Operations Manager
Risk Manager
Joint Venture Manager
Property Development Manager
Construction Director
Head of Procurement
Chief Operating Officer
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