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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."
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
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
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
Appendix
Approved Form
As-Built Drawings
Background IP
Building Consent
Certificate of Practical Completion
Claim
Completion Date
Confidential Information
Construction Program
Contract Documents
Contract Sum
Defects Liability Period
Defects Notice
Delay Event
Design Documents
Dispute
Engineer
Extension of Time
Force Majeure Event
Good Industry Practice
GST
Head Contract
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Legislative Requirements
Main Contractor
Main Contract Works
Material Breach
Nominated Subcontractor
Notice
Payment Claim
Payment Schedule
Performance Security
Personnel
Plans and Specifications
Principal
Project
Project Manager
Quality Assurance System
Related Company
Schedule
Schedule of Rates
Site
Subcontract Documents
Subcontract Works
Substantial Breach
Variation
Variation Order
Working Day
Works
Nomination
Scope of Works
Contract Sum
Payment
Time for Completion
Programming
Extensions of Time
Delay Damages
Variations
Health and Safety
Quality Assurance
Documentation
Design Obligations
Site Access
Materials and Workmanship
Testing and Commissioning
Practical Completion
Defects Liability
Insurance
Indemnity
Performance Security
Intellectual Property
Confidentiality
Assignment and Subcontracting
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Compliance with Laws
Environmental Protection
Records and Reporting
Warranties
Risk Allocation
Set-off
GST and Taxation
Relationship of Parties
Governing Law
Entire Agreement
Commercial Construction
Infrastructure
Residential Development
Industrial Construction
Healthcare Construction
Education Construction
Government Projects
Transportation
Energy and Utilities
Mining
Telecommunications
Legal
Commercial
Construction
Procurement
Operations
Project Management
Contract Administration
Risk Management
Technical Services
Business Development
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
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