The Contractor And Homeowner Agreement is a crucial legal document used in New Zealand's residential construction sector when engaging a contractor for building or renovation work. This agreement is designed to comply with New Zealand's specific construction and consumer protection laws, including the Building Act 2004 and Construction Contracts Act 2002. It should be used whenever a homeowner contracts a builder or contractor for significant residential construction work, renovations, or improvements. The document provides comprehensive coverage of project specifications, payment terms, timelines, quality standards, and legal obligations while protecting both parties' interests. It includes essential provisions for building consent compliance, dispute resolution, and warranties, making it suitable for both small-scale renovations and larger construction projects.
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1. Parties: Identification and contact details of the contractor and homeowner
2. Background: Context of the agreement and brief description of the construction project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Total cost, payment schedule, and payment methods
6. Timeline and Completion: Project start date, completion date, and milestones
7. Contractor's Obligations: Responsibilities and commitments of the contractor
8. Homeowner's Obligations: Responsibilities and commitments of the homeowner
9. Materials and Workmanship: Standards for materials and quality of work
10. Consents and Compliance: Building permits, consents, and compliance requirements
11. Insurance and Liability: Insurance requirements and liability allocation
12. Warranties: Warranties for workmanship and materials
13. Variations: Process for handling changes to the scope of work
14. Health and Safety: Safety requirements and responsibilities
15. Dispute Resolution: Process for resolving disputes between parties
16. Termination: Conditions and process for contract termination
17. General Provisions: Standard legal provisions including notices, governing law, and assignment
1. Subcontractors: Terms regarding the engagement and management of subcontractors, used when subcontractors will be involved
2. Provisional Sums: Handling of estimated costs for uncertain aspects of the work, used when exact costs cannot be determined upfront
3. Storage and Security: Requirements for storing materials and securing the site, used for longer projects or those with significant materials storage needs
4. Living Arrangements: Terms for managing occupied properties during construction, used when homeowners will remain in residence during works
5. Resource Consent: Specific terms relating to resource consent requirements, used when resource consent is needed
6. Retention: Terms for holding back payment amounts, used for larger projects or those with significant warranty periods
7. Liquidated Damages: Predetermined damages for specific breaches, used for time-critical or high-value projects
1. Schedule 1: Scope of Works: Detailed specifications, plans, and drawings of the construction work
2. Schedule 2: Price Breakdown: Itemized breakdown of costs including materials and labor
3. Schedule 3: Project Timeline: Detailed project schedule including milestones and completion dates
4. Schedule 4: Materials Specifications: Detailed list and specifications of materials to be used
5. Schedule 5: Insurance Certificates: Copies of required insurance policies
6. Appendix A: Building Consent: Copy of building consent and related documentation
7. Appendix B: Plans and Drawings: Architectural plans, engineering drawings, and other technical documents
8. Appendix C: Health and Safety Plan: Detailed health and safety procedures and requirements
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