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Engineering Consulting Agreement
"I need an Engineering Consulting Agreement for a renewable energy project in Auckland, where we'll be engaging a consulting firm for wind farm feasibility studies starting March 2025, with specific focus on environmental impact assessments and local council requirements."
1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Appointment and Scope of Services: Details the formal appointment of the consultant and outlines the agreed services
5. Consultant's Obligations: Sets out the consultant's key responsibilities, standards of service, and professional obligations
6. Client's Obligations: Defines the client's responsibilities, including provision of information and access
7. Fees and Payment: Specifies the fee structure, payment terms, and expenses
8. Duration and Termination: States the agreement term and circumstances for termination
9. Intellectual Property: Addresses ownership and usage rights of created materials and pre-existing IP
10. Confidentiality: Defines confidential information and obligations regarding its protection
11. Liability and Insurance: Sets out liability limitations and required insurance coverage
12. Dispute Resolution: Establishes the process for resolving disputes between parties
13. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Health and Safety: Detailed health and safety obligations when the services involve site visits or hazardous environments
2. Variations: Process for varying the scope of services, needed for complex projects likely to evolve
3. Performance Standards: Specific KPIs or performance metrics, useful for large or critical projects
4. Subcontracting: Rules around subcontracting, needed when the consultant may need to engage other specialists
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term or high-risk projects
6. Environmental Obligations: Environmental responsibilities and compliance, important for projects with environmental impact
7. Building Act Compliance: Specific obligations under the Building Act, required for building-related consulting
8. Professional Registration: Specific requirements regarding professional registration and qualifications, needed for regulated engineering disciplines
1. Schedule 1: Scope of Services: Detailed description of all services to be provided, including deliverables and exclusions
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Key Personnel: Names and roles of key team members from both parties
4. Schedule 4: Program: Timeline, milestones, and delivery dates for the services
5. Schedule 5: Client's Requirements: Detailed technical requirements and specifications provided by the client
6. Schedule 6: Insurance Requirements: Specific insurance types and coverage levels required
7. Appendix A: Standard Terms and Conditions: Additional standard terms and conditions if not included in main agreement
8. Appendix B: Required Forms and Templates: Standard forms for variations, claims, or reports to be used during the engagement
Authors
Applicable Laws
Approved Expenses
Business Day
Client
Client Materials
Commencement Date
Confidential Information
Consultant
Deliverables
Design Documents
Dispute
Fees
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Pre-existing IP
Professional Standards
Project
Project Site
Related Companies
Representatives
Schedule of Rates
Scope of Services
Services
Specifications
Subcontractor
Term
Third Party Material
Variation
Working Documents
Works
Appointment
Scope of Services
Consultant Obligations
Client Obligations
Key Personnel
Fees and Payment
Expenses
GST
Variations
Performance Standards
Quality Assurance
Health and Safety
Professional Registration
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Conflict of Interest
Documentation
Record Keeping
Reporting
Subcontracting
Assignment
Term
Termination
Force Majeure
Dispute Resolution
Notices
Governing Law
Entire Agreement
Severability
Waiver
Time of the Essence
Relationship of Parties
Survival
Counterparts
Construction
Infrastructure
Manufacturing
Mining
Energy
Transportation
Telecommunications
Environmental
Water and Wastewater
Building Services
Oil and Gas
Renewable Energy
Marine Engineering
Chemical Processing
Industrial Design
Legal
Engineering
Procurement
Operations
Risk Management
Commercial
Technical Services
Project Management
Compliance
Contract Administration
Engineering Director
Project Manager
Chief Engineer
Technical Director
Procurement Manager
Contract Manager
Legal Counsel
Risk Manager
Operations Manager
Engineering Consultant
Design Engineer
Technical Manager
Commercial Manager
Chief Technical Officer
Compliance Officer
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