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Construction Retainer Agreement

Construction Retainer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Retainer Agreement

"I need a Construction Retainer Agreement for my Auckland-based property development company to engage a mid-sized construction firm for ongoing maintenance and renovation works across our portfolio of commercial properties, with the agreement starting from March 2025 and including specific provisions for after-hours emergency works."

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Document background
The Construction Retainer Agreement is designed for situations where regular or recurring construction services are required over an extended period. This document, governed by New Zealand law, establishes a framework for ongoing construction work without the need for separate contracts for each project. It incorporates essential elements required by the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The agreement is particularly useful for property developers, facility managers, or organizations requiring regular construction services, providing streamlined engagement processes while ensuring compliance with New Zealand construction regulations. The Construction Retainer Agreement includes provisions for service scope, payment terms, performance standards, and risk allocation, making it suitable for both large-scale construction companies and smaller contractors operating in New Zealand.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Description of construction services covered under the retainer

5. Term and Renewal: Duration of the retainer agreement and renewal provisions

6. Engagement Process: Process for engaging the contractor for specific projects under the retainer

7. Payment Terms: Retainer fee structure, payment schedules, and invoicing procedures

8. Obligations of the Contractor: Contractor's responsibilities, including quality standards and timeframes

9. Client's Obligations: Client's responsibilities, including access, information provision, and approvals

10. Health and Safety: Compliance with Health and Safety at Work Act 2015 and related obligations

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

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds and process for terminating the retainer agreement

14. Dispute Resolution: Process for resolving disputes between parties

Optional Sections

1. Specialized Equipment: Provisions for use and maintenance of specialized construction equipment

2. Multi-site Operations: Additional terms for projects across multiple locations

3. Subcontractor Provisions: Terms governing the engagement and management of subcontractors

4. Environmental Compliance: Specific environmental obligations and sustainability requirements

5. Intellectual Property: Rights and obligations regarding designs, plans, and other IP created during projects

6. Performance Metrics: Specific KPIs and performance measurement criteria

7. Force Majeure: Provisions for handling unforeseen circumstances and natural disasters

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and additional charges

2. Schedule 2: Service Level Agreement: Specific performance standards and response times

3. Schedule 3: Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

4. Schedule 4: Health and Safety Procedures: Specific health and safety protocols and requirements

5. Schedule 5: Key Personnel: List of key personnel and their roles/responsibilities

6. Appendix A: Standard Operating Procedures: Detailed procedures for common construction tasks

7. Appendix B: Quality Assurance Standards: Specific quality standards and testing requirements

8. Appendix C: Required Forms and Templates: Standard forms for project initiation, reporting, and completion

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Building Code
Business Day
Charges
Client
Client Representative
Commencement Date
Confidential Information
Construction Services
Construction Site
Construction Work
Contractor
Contractor Personnel
Defects
Deliverables
Force Majeure Event
Good Industry Practice
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Materials
Minimum Retainer Fee
Notice
Project
Project Brief
Quality Standards
Regulatory Requirements
Retainer Period
Retainer Services
Schedule of Rates
Scope of Services
Service Levels
Site Rules
Specifications
Subcontractor
Term
Variation
Work Order
Workmanship
Clauses
Definitions
Interpretation
Term and Renewal
Scope of Services
Engagement Process
Service Standards
Payment Terms
Invoicing
Retainer Fee
Health and Safety
Site Access
Materials and Equipment
Quality Assurance
Contractor Obligations
Client Obligations
Key Personnel
Subcontracting
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Record Keeping
Reporting
Variations
Force Majeure
Dispute Resolution
Termination
Assignment
Notices
Governing Law
Entire Agreement
Severability
Warranties
Compliance with Laws
Environmental Protection
Work Orders
Performance Standards
Site Rules
Risk Allocation
Default and Remedies
Relevant Industries

Construction

Real Estate Development

Commercial Property

Infrastructure

Residential Development

Industrial Construction

Public Works

Facilities Management

Property Management

Building Maintenance

Relevant Teams

Legal

Operations

Construction

Project Management

Procurement

Risk and Compliance

Commercial

Property Development

Facilities Management

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Facilities Manager

Property Developer

Contract Administrator

Legal Counsel

Commercial Director

Operations Manager

Site Supervisor

Procurement Manager

Risk Manager

Health and Safety Officer

Development Director

Construction Director

Maintenance Manager

Industries
Construction Contracts Act 2002: Regulates construction contracts, payment processes, dispute resolution, and remedies for non-payment in the construction industry
Building Act 2004: Sets out the legal framework for building work, establishing the building code, and requirements for building consents
Health and Safety at Work Act 2015: Outlines obligations for workplace safety, particularly relevant for construction sites and worker protection
Fair Trading Act 1986: Prohibits misleading conduct in trade and ensures fair dealing between parties in commercial transactions
Contract and Commercial Law Act 2017: Provides the general framework for contract law, including formation, interpretation, and remedies
Resource Management Act 1991: Governs environmental and planning requirements that may affect construction projects
Building Regulations 1992 (Building Code): Specifies the minimum standards that buildings must meet for safety, health, and sustainability
Consumer Guarantees Act 1993: Provides statutory guarantees for services, including construction services provided to consumers
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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