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Project Delivery Agreement

Project Delivery Agreement Template for New Zealand

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Key Requirements PROMPT example:

Project Delivery Agreement

"I need a Project Delivery Agreement for a software development project starting March 2025, which includes specific provisions for intellectual property rights, source code ownership, and staged payment milestones."

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Document background
The Project Delivery Agreement is a crucial document used in New Zealand business environments where a structured approach to project execution is required. It serves as the primary contract between a principal/client and a contractor for delivering specific project outcomes, whether in construction, technology, or other sectors. This agreement type is particularly relevant when projects involve significant scope, complex deliverables, or substantial financial commitment. The document incorporates essential elements required by New Zealand law, including compliance with the Contract and Commercial Law Act 2017 and industry-specific legislation. It provides comprehensive coverage of project parameters, risk allocation, quality standards, and dispute resolution mechanisms while maintaining flexibility to accommodate various project types and complexity levels.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including project overview

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

4. Project Scope: Detailed description of the project deliverables, objectives, and requirements

5. Term and Timelines: Duration of the agreement and key project milestones

6. Payment Terms: Pricing, payment schedule, invoicing requirements, and payment conditions

7. Obligations and Responsibilities: Detailed responsibilities of each party in project delivery

8. Project Management: Project governance structure, reporting requirements, and communication protocols

9. Change Management: Process for requesting, approving, and implementing project changes

10. Risk Allocation: Assignment of risks between parties and risk management procedures

11. Quality Management: Quality standards, testing requirements, and acceptance criteria

12. Intellectual Property: Ownership and usage rights of project-related IP

13. Confidentiality: Protection and handling of confidential information

14. Liability and Indemnities: Limits of liability and indemnification obligations

15. Insurance: Required insurance coverage and minimum limits

16. Default and Termination: Events of default, remedies, and termination provisions

17. Dispute Resolution: Process for resolving disputes between parties

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

Optional Sections

1. Health and Safety: Detailed health and safety requirements when project involves physical works or site access

2. Environmental Management: Environmental obligations and compliance requirements for projects with environmental impacts

3. Security Requirements: Security provisions for projects involving sensitive information or facilities

4. Subcontracting: Rules and conditions for engaging subcontractors when subcontracting is permitted

5. Force Majeure: Provisions for handling unforeseen events that prevent performance

6. Training and Knowledge Transfer: Requirements for training client staff or knowledge transfer in technology projects

7. Transition and Handover: Process for transitioning services or deliverables at project completion

8. Warranties: Additional warranties beyond standard requirements for specific project needs

9. Performance Guarantees: Specific performance guarantees and associated remedies for complex projects

10. Business Continuity: Business continuity requirements for critical service delivery projects

Suggested Schedules

1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements for project deliverables

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of pricing, payment milestones, and rates

3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates

4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles

5. Schedule 5 - Service Levels: Performance metrics and service level requirements

6. Schedule 6 - Acceptance Testing: Testing procedures and acceptance criteria

7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors and their scope

8. Schedule 8 - Forms and Templates: Standard forms for project management, including change requests

9. Appendix A - Technical Documentation: Supporting technical documents and specifications

10. Appendix B - Insurance Certificates: Copies of required insurance 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Agreement
Background IP
Business Day
Change Request
Commencement Date
Completion Date
Confidential Information
Contract Price
Defect
Deliverables
Delivery Location
Developed IP
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Milestone
Notice
Payment Schedule
Performance Standards
Personnel
Project
Project Manager
Project Plan
Project Site
Quality Standards
Related Company
Representatives
Schedule of Rates
Services
Specifications
Subcontractor
Term
Third Party Materials
Time for Completion
Variation
Work Package
Working Hours
Works
Clauses
Interpretation
Term
Project Scope
Delivery Obligations
Payment Terms
Project Management
Performance Standards
Quality Requirements
Testing and Acceptance
Change Management
Risk Allocation
Health and Safety
Confidentiality
Intellectual Property
Data Protection
Personnel
Subcontracting
Insurance
Liability and Indemnity
Force Majeure
Termination
Dispute Resolution
Warranties
Compliance with Laws
Assignment
Notices
Governing Law
Entire Agreement
Variation
Severability
Third Party Rights
Relationship of Parties
Business Continuity
Environmental Compliance
Record Keeping
Audit Rights
Security Requirements
Transition Services
Reporting Requirements
Relevant Industries

Construction

Information Technology

Infrastructure

Engineering

Professional Services

Manufacturing

Energy

Telecommunications

Healthcare

Education

Research and Development

Environmental Services

Relevant Teams

Legal

Commercial

Procurement

Project Management Office

Operations

Finance

Risk Management

Quality Assurance

Technical Services

Business Development

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Manager

Procurement Manager

Operations Director

Chief Executive Officer

Technical Director

Risk Manager

Finance Manager

Delivery Manager

Account Executive

Business Development Manager

Program Director

Construction Manager

Site Manager

Quality Assurance Manager

Industries
Contract and Commercial Law Act 2017: Provides the fundamental framework for contract formation, interpretation, and enforcement in New Zealand, including electronic transactions and contractual remedies
Construction Contracts Act 2002: Regulates payment practices in the construction industry and provides dispute resolution mechanisms specific to construction contracts
Health and Safety at Work Act 2015: Sets out the health and safety obligations for workplace activities, crucial for project delivery and construction work
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade, including representations about goods and services
Building Act 2004: Regulates building work, establishes building code compliance requirements, and sets standards for construction practices
Resource Management Act 1991: Governs environmental and planning requirements that may affect project delivery and construction activities
Employment Relations Act 2000: Relevant for managing contractor relationships and ensuring compliance with employment standards in project delivery
Privacy Act 2020: Governs the collection, use, and disclosure of personal information in business relationships and project documentation
Arbitration Act 1996: Provides framework for arbitration as a dispute resolution method, commonly used in project delivery agreements
Consumer Guarantees Act 1993: May apply if the project involves delivery to a consumer, ensuring quality and fitness for purpose guarantees
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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