Civil Subcontractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Civil Subcontractor Agreement

"I need a Civil Subcontractor Agreement for a major bridge construction project in Auckland, New Zealand, with special emphasis on environmental protection clauses as the work site is near a protected waterway, targeting project commencement in March 2025."

What is a Civil Subcontractor Agreement?

The Civil Subcontractor Agreement is a crucial document in New Zealand's construction industry, designed to establish clear contractual relationships for civil works projects. It is typically used when a main contractor needs to engage specialized civil works contractors for specific project components such as earthworks, drainage, roading, or infrastructure installation. The agreement ensures compliance with New Zealand's construction and safety legislation while protecting both parties' interests through detailed specifications of works, payment terms, performance standards, and risk allocation. This document is essential for projects ranging from small-scale civil works to major infrastructure developments, incorporating provisions that align with both the Construction Contracts Act 2002 and industry best practices. The agreement's structure allows for customization based on project specifics while maintaining core protections and obligations required under New Zealand law.

What sections should be included in a Civil Subcontractor Agreement?

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

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

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 works to be performed

5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment claim processes in accordance with the Construction Contracts Act

6. Time for Performance: Sets out completion dates, milestones, and programming requirements

7. Health and Safety: Details health and safety obligations, compliance requirements, and reporting procedures

8. Quality Assurance: Specifies quality standards, inspection requirements, and defects remediation processes

9. Variations: Procedures for varying the scope of works and determining cost/time implications

10. Insurance and Liability: Specifies required insurances and allocation of risks between parties

11. Default and Termination: Sets out events of default, termination rights, and consequences of termination

12. Dispute Resolution: Establishes procedures for resolving disputes, including mediation and arbitration processes

13. General Provisions: Includes standard contractual provisions such as notices, assignment, and governing law

What sections are optional to include in a Civil Subcontractor Agreement?

1. Environmental Management: Required when the works have significant environmental impacts or require specific environmental management plans

2. Indigenous Rights and Cultural Heritage: Necessary when works may affect Māori cultural values or sites of significance

3. Community Engagement: Required for projects with significant community impact or public interface

4. Security: Include when performance bonds or retention monies are required

5. Intellectual Property: Necessary when the works involve design elements or innovative construction methods

6. Traffic Management: Required for works affecting public roads or requiring traffic control

7. Utilities and Services: Include when works involve interaction with existing utilities or service infrastructure

What schedules should be included in a Civil Subcontractor Agreement?

1. Schedule 1: Scope of Works: Detailed technical specifications and drawings for the works

2. Schedule 2: Contract Price Breakdown: Itemized pricing, rates, and payment schedule

3. Schedule 3: Program of Works: Detailed timeline, milestones, and completion dates

4. Schedule 4: Site Information: Site plans, access requirements, and known site conditions

5. Schedule 5: Insurance Requirements: Specific insurance types, coverage amounts, and special conditions

6. Schedule 6: Health and Safety Requirements: Specific H&S procedures, forms, and reporting requirements

7. Schedule 7: Quality Assurance Requirements: Quality control procedures, testing requirements, and acceptance criteria

8. Appendix A: Key Personnel: Lists key personnel from both parties with roles and responsibilities

9. Appendix B: Required Forms: Standard forms for payment claims, variations, and other administrative processes

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

Civil Construction

Infrastructure Development

Road Construction

Bridge Construction

Earthworks

Underground Services

Marine Construction

Railway Construction

Airport Infrastructure

Public Works

Commercial Construction

Industrial Construction

Utilities Construction

Environmental Engineering

Relevant Teams

Legal

Commercial

Procurement

Operations

Project Management

Health and Safety

Quality Assurance

Finance

Risk Management

Construction Management

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Site Manager

Contracts Administrator

Commercial Manager

Quantity Surveyor

Civil Engineer

Procurement Manager

Health and Safety Manager

Quality Assurance Manager

Operations Manager

Risk Manager

Legal Counsel

Finance Manager

Project Director

Estimator

Contract Manager

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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