Construction Referral Fee Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Referral Fee Agreement

"I need a Construction Referral Fee Agreement for my Auckland-based construction company that establishes an exclusive referral arrangement with a property development firm, including a 5% referral fee structure and quarterly payment terms, to commence from March 1, 2025."

Document background
The Construction Referral Fee Agreement is designed for use in New Zealand when establishing formal referral arrangements between construction companies and parties who refer construction projects or clients. This document is essential for businesses looking to formalize their referral relationships in the construction sector, ensuring compliance with New Zealand legislation including the Construction Contracts Act 2002, Fair Trading Act 1986, and relevant commercial laws. The agreement covers crucial elements such as fee calculations, payment terms, referral processes, and party obligations. It is particularly relevant in situations where regular referrals are expected and where transparency and legal compliance in referral arrangements are paramount.
Suggested Sections

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

2. Background: Sets out the context of the agreement, including the nature of the referrer's business and the construction services

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Scope of Referral Arrangement: Details the types of construction projects and services covered by the referral arrangement

5. Referral Process: Outlines the procedure for making and accepting referrals

6. Fee Structure: Specifies the referral fee calculation method and payment terms

7. Payment Terms: Details the timing, method, and conditions for fee payments

8. Obligations of Parties: Lists the responsibilities and duties of both the referrer and the construction company

9. Term and Termination: Specifies the duration of the agreement and circumstances for termination

10. Confidentiality: Establishes confidentiality obligations regarding shared information

11. General Provisions: Including governing law, dispute resolution, and standard boilerplate clauses

Optional Sections

1. Non-Compete Clause: Restricts parties from engaging in competitive referral arrangements - include when exclusivity is required

2. Performance Standards: Sets quality benchmarks for referred work - include for high-value or specialized construction projects

3. Marketing and Promotion: Guidelines for how parties can market the referral relationship - include when public promotion is anticipated

4. Insurance Requirements: Specifies required insurance coverage - include for high-risk construction projects

5. Data Protection: Detailed provisions for handling personal data - include when significant personal information is involved

6. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements

7. Anti-Bribery and Corruption: Compliance with anti-bribery laws - include for high-value projects or public sector work

Suggested Schedules

1. Schedule 1: Fee Calculation Method: Detailed breakdown of fee calculations, including percentages and examples

2. Schedule 2: Referral Territory: Geographic areas covered by the referral arrangement

3. Schedule 3: Approved Project Types: List of construction project types covered by the agreement

4. Schedule 4: Reporting Template: Standard format for tracking and reporting referrals

5. Schedule 5: Contact Details: Key contact information for both parties

6. Appendix A: Referral Process Flowchart: Visual representation of the referral process

7. Appendix B: Documentation Requirements: List of required documents for processing referrals

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 Industries

Construction

Real Estate

Property Development

Architecture

Building and Infrastructure

Commercial Property

Residential Property

Industrial Construction

Project Management

Professional Services

Relevant Teams

Legal

Commercial

Business Development

Operations

Sales

Contract Administration

Project Management

Finance

Risk Management

Procurement

Relevant Roles

Construction Manager

Business Development Manager

Commercial Director

Legal Counsel

Contract Manager

Project Manager

Sales Director

Operations Manager

Managing Director

Real Estate Agent

Property Developer

Architect

Quantity Surveyor

Construction Consultant

Procurement 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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