Prime Subcontractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Prime Subcontractor Agreement

"I need a Prime Subcontractor Agreement for a commercial building renovation project in Auckland, with specific provisions for heritage building compliance and staged completion dates starting from March 2025."

Document background
The Prime Subcontractor Agreement serves as a critical legal instrument in New Zealand's project delivery landscape, establishing the formal relationship between principal contractors and their subcontractors. This document is essential when a principal contractor needs to delegate specific portions of their contracted works to specialized subcontractors while maintaining overall project responsibility. The agreement incorporates key requirements under New Zealand law, including the Construction Contracts Act 2002, Health and Safety at Work Act 2015, and other relevant legislation. It provides comprehensive coverage of work scope, payment mechanisms, performance standards, risk allocation, and dispute resolution procedures. The document is structured to protect both parties' interests while ensuring efficient project delivery and regulatory compliance. Principal contractors typically use this agreement when they need to subcontract specialized work packages, ensuring clear accountability and maintaining quality control throughout the project delivery chain.
Suggested Sections

1. Parties: Identifies and provides full legal details of the principal contractor and subcontractor

2. Background: Sets out the context of the agreement, including reference to the head contract and project overview

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Works: Detailed description of the subcontractor's obligations and deliverables

5. Contract Price and Payment: Specifies the contract sum, payment terms, variations, and claims procedures

6. Time for Performance: Sets out project timeline, milestones, and completion requirements

7. Subcontractor Obligations: Details general and specific obligations including quality standards, reporting, and compliance requirements

8. Principal Contractor Obligations: Outlines the principal contractor's responsibilities and commitments

9. Health and Safety: Specifies health and safety requirements, responsibilities, and compliance obligations

10. Insurance and Liability: Details required insurance coverage and allocation of risks and liabilities

11. Variations: Procedures for handling changes to scope, price, or timeline

12. Default and Termination: Grounds and procedures for termination, and consequences of default

13. Disputes Resolution: Process for handling disputes between parties

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

Optional Sections

1. Intellectual Property: Required when the works involve creation or use of intellectual property

2. Environmental Requirements: Needed for projects with specific environmental considerations or compliance requirements

3. Security: Include when performance bonds or other forms of security are required

4. Confidentiality: Important when sensitive information will be shared

5. Indigenous Rights and Cultural Heritage: Required when working on culturally significant sites or with indigenous stakeholders

6. Building Information Modeling (BIM): Include when BIM requirements apply to the project

7. Quality Assurance: Detailed quality requirements for specialized works

8. Force Majeure: Specific provisions for handling unforeseen events and their impacts

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specifications, drawings, and technical requirements

2. Schedule 2 - Program of Works: Detailed timeline, milestones, and project schedule

3. Schedule 3 - Price Schedule: Breakdown of prices, rates, and payment milestones

4. Schedule 4 - Site Requirements: Site-specific requirements, access protocols, and facilities

5. Schedule 5 - Key Personnel: Details of key staff and their responsibilities

6. Schedule 6 - Forms and Procedures: Standard forms for variations, claims, and other procedures

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and certificates

8. Appendix A - Head Contract Provisions: Relevant provisions from the head contract that flow down to the subcontractor

9. Appendix B - Quality Management Plan: Detailed quality assurance and control procedures

10. Appendix C - Safety Management Plan: Detailed health and safety 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

Construction

Infrastructure

Engineering

Mining

Technology and Telecommunications

Energy and Utilities

Manufacturing

Property Development

Commercial Fit-out

Industrial Services

Renewable Energy

Transportation

Relevant Teams

Legal

Commercial

Procurement

Operations

Project Management Office

Risk and Compliance

Health and Safety

Quality Assurance

Contract Administration

Executive Leadership

Site Operations

Relevant Roles

Project Manager

Contract Manager

Commercial Manager

Legal Counsel

Construction Manager

Procurement Manager

Operations Manager

Site Supervisor

Quality Assurance Manager

Health and Safety Manager

Risk Manager

Chief Operating Officer

Managing Director

Quantity Surveyor

Project Director

Contracts Administrator

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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