The Construction Contract Agreement Form is a fundamental legal document used in New Zealand's construction industry to establish a binding agreement between a principal/owner and a contractor. This document is essential for any construction project in New Zealand, whether commercial, residential, or industrial, and must comply with the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The agreement comprehensively covers all aspects of the construction project, including scope, payment terms, timelines, and responsibilities, while incorporating specific New Zealand regulatory requirements. It's designed to provide clarity and protection for all parties involved, establishing clear procedures for variations, disputes, and project completion.
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1. Parties: Identification and details of the principal/owner and contractor
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price and Payment: Payment terms, schedule, and mechanisms complying with Construction Contracts Act 2002
6. Time for Completion: Project timeline, completion date, and provisions for extensions of time
7. Contractor's Obligations: Key responsibilities including workmanship, materials, and compliance with standards
8. Principal's Obligations: Site access, approvals, and other owner responsibilities
9. Variations: Process for managing changes to scope, price, or timeline
10. Health and Safety: Safety requirements and responsibilities under Health and Safety at Work Act 2015
11. Insurance and Liability: Required insurance coverage and liability allocation
12. Defects Liability: Defects notification period and remediation process
13. Dispute Resolution: Process for resolving disputes as per Construction Contracts Act requirements
14. Termination: Grounds and process for contract termination
15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Consultant Engagement: Used when project involves third-party consultants or engineers
2. Resource Consent Obligations: Include when specific resource management compliance is required
3. Provisional Sums: Include when certain costs cannot be accurately determined at contract formation
4. Liquidated Damages: Include when specific compensation for delay is agreed
5. Performance Bond: Include when contractor must provide performance security
6. Subcontractor Provisions: Include when subcontractor management needs specific regulation
7. Building Information Modeling: Include for projects using BIM technology
8. Environmental Management: Include for projects with significant environmental considerations
1. Schedule 1: Contract Details: Key project information, contact details, and commercial terms
2. Schedule 2: Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3: Program: Detailed construction program and milestone dates
4. Schedule 4: Payment Schedule: Payment amounts, timing, and any milestone payments
5. Schedule 5: Site Information: Site details, access requirements, and existing conditions
6. Schedule 6: Special Conditions: Any project-specific conditions or requirements
7. Appendix A: Plans and Drawings: All construction drawings and design documents
8. Appendix B: Technical Specifications: Detailed technical requirements and standards
9. Appendix C: Health and Safety Plan: Site-specific safety management plan
10. Appendix D: Quality Assurance Plan: Quality control procedures and requirements
Relevant legal definitions
Agreement
Approved Documents
As-Built Drawings
Building Consent
Certificate of Practical Completion
Claim
Code Compliance Certificate
Commencement Date
Completion Date
Construction Period
Contract Price
Contract Works
Contractor
Date for Completion
Defects
Defects Liability Period
Delay
Engineer
Extension of Time
Force Majeure
GST
Health and Safety Plan
Intellectual Property
Legislative Requirements
Materials
Milestone
Notice
Practical Completion
Principal
Principal's Requirements
Program
Project
Quality Assurance Plan
Resource Consent
Retention Money
Site
Specifications
Subcontractor
Substantial Completion
Variation
Works
Working Day
Construction Documentation
Payment Claim
Payment Schedule
Progress Payment
Project Manager
Quantity Surveyor
Schedule of Rates
Security Interest
Services
Temporary Works
Warranties
Approved Documents
As-Built Drawings
Building Consent
Certificate of Practical Completion
Claim
Code Compliance Certificate
Commencement Date
Completion Date
Construction Period
Contract Price
Contract Works
Contractor
Date for Completion
Defects
Defects Liability Period
Delay
Engineer
Extension of Time
Force Majeure
GST
Health and Safety Plan
Intellectual Property
Legislative Requirements
Materials
Milestone
Notice
Practical Completion
Principal
Principal's Requirements
Program
Project
Quality Assurance Plan
Resource Consent
Retention Money
Site
Specifications
Subcontractor
Substantial Completion
Variation
Works
Working Day
Construction Documentation
Payment Claim
Payment Schedule
Progress Payment
Project Manager
Quantity Surveyor
Schedule of Rates
Security Interest
Services
Temporary Works
Warranties
Clauses
Interpretation
Contract Formation
Scope of Works
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Variations
Site Access and Conditions
Materials and Workmanship
Quality Assurance
Health and Safety
Environmental Protection
Insurance
Indemnity
Intellectual Property
Confidentiality
Security of Payment
Performance Security
Warranties
Defects Liability
Progress Reports
Testing and Commissioning
Practical Completion
Liquidated Damages
Force Majeure
Default and Termination
Dispute Resolution
Assignment and Subcontracting
Notices
Risk Allocation
Compliance with Laws
Resource Management
Building Consent
Program Requirements
Documentation Requirements
Site Safety
Project Management
Quality Control
Design Obligations
Personnel Requirements
Plant and Equipment
Temporary Works
Inspection and Testing
Completion and Handover
Retention
Security Interest
GST and Taxation
Governing Law
Contract Formation
Scope of Works
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Variations
Site Access and Conditions
Materials and Workmanship
Quality Assurance
Health and Safety
Environmental Protection
Insurance
Indemnity
Intellectual Property
Confidentiality
Security of Payment
Performance Security
Warranties
Defects Liability
Progress Reports
Testing and Commissioning
Practical Completion
Liquidated Damages
Force Majeure
Default and Termination
Dispute Resolution
Assignment and Subcontracting
Notices
Risk Allocation
Compliance with Laws
Resource Management
Building Consent
Program Requirements
Documentation Requirements
Site Safety
Project Management
Quality Control
Design Obligations
Personnel Requirements
Plant and Equipment
Temporary Works
Inspection and Testing
Completion and Handover
Retention
Security Interest
GST and Taxation
Governing Law
Relevant Industries
Commercial Construction
Residential Construction
Infrastructure Development
Industrial Construction
Property Development
Civil Engineering
Building and Construction
Public Works
Real Estate Development
Urban Development
Relevant Teams
Legal
Construction
Operations
Commercial
Procurement
Risk Management
Property Development
Contract Administration
Project Management
Health and Safety
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Quantity Surveyor
Site Manager
Commercial Manager
Legal Counsel
Risk Manager
Procurement Manager
Development Manager
Property Manager
Construction Director
Chief Operating Officer
General Counsel
Operations Manager
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