Nominated Subcontractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement for a large-scale hospital construction project in Auckland, where the subcontractor will be responsible for specialized medical gas installation systems valued at NZD 2.5 million, with work scheduled to commence in March 2025."

Document background
The Nominated Subcontractor Agreement is a specialized construction contract used in New Zealand when a principal/client specifically selects a subcontractor to perform certain works under the main contractor's management. This arrangement is common for specialized work packages where the principal wants to maintain control over the selection of key subcontractors while still maintaining a single point of contractual responsibility through the main contractor. The document establishes the terms and conditions governing the relationship between the main contractor and the nominated subcontractor, including scope of works, payment terms, coordination requirements, and compliance with New Zealand construction legislation. It is particularly important for complex projects where specialized expertise is required, and it helps manage the unique three-way relationship between principal, main contractor, and subcontractor while ensuring clear lines of responsibility and risk allocation.
Suggested Sections

1. Parties: Identifies the main contractor, nominated subcontractor, and references the principal who nominated the subcontractor

2. Background: Explains the main contract, the nomination process, and the context of the subcontract works

3. Definitions and Interpretation: Defines key terms and explains how the agreement should be interpreted

4. Scope of Works: Detailed description of the subcontract works to be performed

5. Contract Sum and Payment: Specifies the contract price, payment terms, and payment schedule in accordance with the Construction Contracts Act

6. Time for Completion: Specifies completion dates, milestones, and programming requirements

7. Main Contractor's Obligations: Sets out the main contractor's duties, including site access, coordination, and information provision

8. Subcontractor's Obligations: Details the subcontractor's duties, including workmanship, compliance, and coordination requirements

9. Variations: Procedures for handling changes to the scope of works

10. Health and Safety: Health and safety requirements and responsibilities under NZ legislation

11. Insurance and Liability: Insurance requirements and liability allocation between parties

12. Defects Liability: Defects notification period and remediation requirements

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Process for resolving disputes, including required statutory processes

15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment

Optional Sections

1. Performance Security: Required when bonds or guarantees are needed for the subcontract works

2. Intellectual Property: Needed when the subcontract works involve design or other intellectual property

3. Confidentiality: Required for projects involving sensitive information or proprietary methods

4. Building Information Modeling: Include when BIM is used in the project

5. Environmental Requirements: Required for projects with specific environmental compliance needs

6. Indigenous Rights and Cultural Heritage: Include when working on culturally significant sites or with Māori interests

7. Apprenticeship and Training: Include when there are specific requirements for training or employing apprentices

8. Quality Assurance: Required for projects with specific quality management system requirements

Suggested Schedules

1. Schedule 1: Scope of Works: Detailed specification of the subcontract works

2. Schedule 2: Contract Sum and Payment Schedule: Breakdown of the contract sum and payment milestones

3. Schedule 3: Program of Works: Detailed timeline and milestones for the subcontract works

4. Schedule 4: Site Requirements and Rules: Specific site procedures and requirements

5. Schedule 5: Key Personnel: Lists key personnel from both parties and their roles

6. Schedule 6: Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

7. Schedule 7: Forms of Security: Templates for any required bonds or guarantees

8. Appendix A: Main Contract Excerpts: Relevant excerpts from the main contract that affect the subcontract

9. Appendix B: Health and Safety Requirements: Detailed health and safety procedures and requirements

10. Appendix C: Quality Assurance Requirements: Specific quality control procedures and requirements

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

Commercial Construction

Infrastructure

Residential Development

Industrial Construction

Healthcare Construction

Education Construction

Government Projects

Transportation

Energy and Utilities

Mining

Telecommunications

Relevant Teams

Legal

Commercial

Construction

Procurement

Operations

Project Management

Contract Administration

Risk Management

Technical Services

Business Development

Relevant Roles

Construction Manager

Project Manager

Commercial Manager

Contract Administrator

Quantity Surveyor

Site Manager

Legal Counsel

Procurement Manager

Construction Director

Risk Manager

Operations Manager

Subcontract Manager

Project Engineer

Technical Director

Commercial Director

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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