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Construction Contractor Contract
"I need a Construction Contractor Contract for a commercial warehouse development in Auckland, with work starting March 2025, that includes specific provisions for sustainable building practices and BIM requirements."
1. Parties: Identification and details of the Principal/Client and the Contractor, including their legal status and contact information
2. Background: Context of the agreement, project overview, and general intent of the parties
3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules for contract interpretation
4. Scope of Works: Detailed description of the construction works to be performed, including specifications and standards
5. Contract Price and Payment: Payment terms, schedule, retention amounts, and payment claim procedures as per Construction Contracts Act
6. Time for Completion: Project timeline, completion dates, stages, and provisions for extensions of time
7. Contractor Obligations: Key responsibilities including workmanship, materials, compliance with laws, and site management
8. Principal Obligations: Client's responsibilities including site access, approvals, and information provision
9. Health and Safety: Safety requirements, responsibilities, and compliance with Health and Safety at Work Act
10. Variations: Process for varying the scope of works and determining cost/time implications
11. Insurance and Indemnity: Required insurance coverage and indemnification obligations
12. Defects Liability: Defects liability period, rectification obligations, and warranty provisions
13. Termination: Grounds and process for contract termination by either party
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Standard clauses covering assignment, notices, governing law, etc.
1. Performance Security: Requirements for bank guarantees or bonds - used for higher-value contracts
2. Quality Assurance: Specific quality management requirements - used for complex projects or where certification is required
3. Environmental Management: Environmental obligations and procedures - used when project has significant environmental impacts
4. Intellectual Property: IP rights and obligations - used when design or innovative methods are involved
5. Subcontracting: Rules and approvals for subcontracting - used when subcontracting is anticipated
6. Liquidated Damages: Pre-agreed damages for specific breaches - used for time-critical projects
7. Building Information Modeling: BIM requirements and protocols - used for projects utilizing BIM
8. Cultural Heritage: Protection of cultural sites and artifacts - used when working on culturally significant sites
1. Schedule 1: Contract Details: Key project information, contact details, and contract-specific variables
2. Schedule 2: Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3: Program: Detailed project timeline, milestones, and completion dates
4. Schedule 4: Payment Schedule: Breakdown of contract price, payment milestones, and rates
5. Schedule 5: Site Information: Site details, access points, existing conditions, and known hazards
6. Schedule 6: Insurance Requirements: Specific insurance types, coverage amounts, and special requirements
7. Schedule 7: Forms and Procedures: Standard forms for variations, payment claims, and other procedures
8. Appendix A: Drawings: Complete set of construction drawings and plans
9. Appendix B: Technical Specifications: Detailed technical specifications and standards
10. Appendix C: Health and Safety Plan: Project-specific health and safety requirements and procedures
Authors
Approved Variation
As-Built Drawings
Building Consent
Business Day
Certificate of Practical Completion
Claim
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Site
Contract Documents
Contract Price
Contract Works
Contractor
Contractor's Equipment
Contractor's Personnel
Date for Completion
Date of Practical Completion
Defects
Defects Liability Period
Delay
Drawings
Engineer
Extension of Time
Force Majeure
Governing Law
GST
Handover
Health and Safety Plan
Intellectual Property Rights
Legislative Requirements
Liquidated Damages
Materials
Milestone
Notice
Payment Claim
Payment Schedule
PCG (Parent Company Guarantee)
Performance Bond
Practical Completion
Principal
Principal's Requirements
Program
Project
Project Manager
Quality Assurance Plan
Retention Monies
Schedule of Rates
Site
Specifications
Subcontractor
Substantial Breach
Temporary Works
Variation
Works
Working Day
Contract Formation
Scope of Works
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Site Access
Materials and Workmanship
Quality Assurance
Health and Safety
Environmental Protection
Variations
Insurance
Indemnity
Performance Security
Defects Liability
Warranties
Intellectual Property
Confidentiality
Assignment and Subcontracting
Force Majeure
Suspension
Termination
Dispute Resolution
Liability Limitations
Default and Remedies
Site Conditions
Permits and Consents
Progress Reporting
Testing and Commissioning
Practical Completion
Risk Allocation
Notices
Governing Law
Commercial Construction
Residential Construction
Infrastructure Development
Industrial Construction
Civil Engineering
Property Development
Mining
Energy
Transportation
Public Works
Legal
Commercial
Operations
Construction
Procurement
Finance
Risk Management
Health and Safety
Technical Services
Project Management
Contract Administration
Project Manager
Construction Manager
Contract Administrator
Commercial Manager
Quantity Surveyor
Site Manager
Construction Director
Legal Counsel
Risk Manager
Procurement Manager
Operations Manager
Chief Executive Officer
Financial Controller
Health and Safety Manager
Technical Director
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