Agreement Between Two Parties For Construction Contract for New Zealand

Agreement Between Two Parties For Construction Contract Template for New Zealand

A comprehensive bilateral construction contract governed by New Zealand law, specifically compliant with the Construction Contracts Act 2002 and related legislation. This agreement establishes the legal framework for construction projects, detailing the rights and obligations of both the principal and contractor. It includes provisions for payment terms, project timeline, quality standards, variations, dispute resolution, and health and safety requirements. The document incorporates specific New Zealand regulatory requirements while providing flexibility for various construction project types.

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What is a Agreement Between Two Parties For Construction Contract?

The Agreement Between Two Parties For Construction Contract is designed for use in New Zealand construction projects where a principal engages a contractor to perform construction works. This document is essential for establishing clear contractual relationships in construction projects, ensuring compliance with New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It provides comprehensive coverage of key aspects including payment provisions, project execution requirements, risk allocation, and dispute resolution mechanisms. The agreement is suitable for various construction projects, from residential to commercial developments, and can be customized based on project scale and complexity while maintaining compliance with New Zealand regulatory requirements.

What sections should be included in a Agreement Between Two Parties For Construction Contract?

1. Parties: Identification and details of the contracting parties (contractor and principal)

2. Background: Context of the agreement and general purpose of the construction project

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Scope of Works: Detailed description of the construction work to be performed

5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment claim procedures as per Construction Contracts Act

6. Time for Completion: Project timeline, completion date, and provisions for extensions of time

7. Contractor's Obligations: Key responsibilities including workmanship, compliance with laws, and site management

8. Principal's Obligations: Responsibilities including site access, permits, and information provision

9. Variations: Process for managing changes to the scope of works

10. Health and Safety: Safety obligations and compliance with Health and Safety at Work Act

11. Insurance and Liability: Required insurance coverage and liability provisions

12. Defects Liability: Defects notification period and remediation process

13. Dispute Resolution: Process for resolving disputes as per Construction Contracts Act

14. Termination: Grounds and process for contract termination

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

What sections are optional to include in a Agreement Between Two Parties For Construction Contract?

1. Retentions: Provisions for retention money if using retention regime

2. Bonds and Guarantees: Requirements for performance bonds or guarantees if required

3. Intellectual Property: IP rights provisions if design services are included

4. Confidentiality: Confidentiality obligations if sensitive information is involved

5. Resource Management: Environmental management provisions if significant environmental impacts

6. Subcontracting: Subcontractor engagement and management if subcontracting is permitted

7. Materials and Equipment: Specific provisions for supply and storage of materials if significant

8. Quality Assurance: Specific quality control requirements for complex projects

9. Force Majeure: Provisions for unforeseen events if required by project risk profile

What schedules should be included in a Agreement Between Two Parties For Construction Contract?

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

2. Schedule 2 - Program of Works: Detailed timeline, milestones, and completion dates

3. Schedule 3 - Contract Price Breakdown: Detailed pricing, rates, and payment schedule

4. Schedule 4 - Site Information: Site details, access points, and existing conditions

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

6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels

7. Appendix A - Forms and Templates: Standard forms for variations, payment claims, etc.

8. Appendix B - Health and Safety Plan: Detailed safety procedures and requirements

9. Appendix C - Quality Management Plan: Quality assurance procedures and standards

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Commercial Construction

Residential Construction

Infrastructure Development

Industrial Construction

Property Development

Building and Construction

Engineering Services

Architecture and Design

Relevant Teams

Legal

Commercial

Construction

Operations

Project Management

Risk and Compliance

Procurement

Finance

Executive Leadership

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Legal Counsel

Quantity Surveyor

Site Manager

Development Manager

Risk Manager

Procurement Manager

Operations Manager

Chief Executive Officer

Managing Director

Construction Director

Legal 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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