Engineering Consulting Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Engineering Consulting Agreement is designed for use in New Zealand when engaging professional engineering consultants or firms for specific projects or ongoing services. This document is essential for establishing clear professional relationships in engineering services, ensuring compliance with New Zealand legislation including the Chartered Professional Engineers Act 2002, Contract and Commercial Law Act 2017, and Health and Safety at Work Act 2015. The agreement covers comprehensive terms including scope of services, professional standards, liability provisions, intellectual property rights, and insurance requirements. It is particularly relevant for projects requiring specialized engineering expertise, whether for one-off assignments or long-term engagements, and can be customized to accommodate various engineering disciplines and project complexities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Manufacturing

Mining

Energy

Transportation

Telecommunications

Environmental

Water and Wastewater

Building Services

Oil and Gas

Renewable Energy

Marine Engineering

Chemical Processing

Industrial Design

Relevant Teams

Legal

Engineering

Procurement

Operations

Risk Management

Commercial

Technical Services

Project Management

Compliance

Contract Administration

Relevant Roles

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

Industries
Contract and Commercial Law Act 2017: Provides the fundamental framework for contract formation, enforcement, and remedies in New Zealand. Essential for structuring the consulting agreement's basic terms and conditions.
Chartered Professional Engineers of New Zealand Act 2002: Governs the registration and professional conduct of chartered professional engineers in New Zealand. Relevant for establishing professional qualifications and standards.
Health and Safety at Work Act 2015: Sets out the health and safety obligations for businesses and professionals, including consultants working on engineering projects.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading conduct in trade. Relevant for service descriptions and professional representations.
Consumer Guarantees Act 1993: May apply if the client is a consumer rather than a business, ensuring quality of services and consumer protection.
Copyright Act 1994: Protects intellectual property rights in designs, reports, and other consulting deliverables.
Privacy Act 2020: Governs the collection, use, and disclosure of personal information in professional relationships.
Construction Contracts Act 2002: May be relevant if the engineering consulting involves construction-related services, particularly regarding payment provisions and dispute resolution.
Building Act 2004: Relevant when engineering consulting involves building works, ensuring compliance with building codes and standards.
Limitation Act 2010: Sets time limits for bringing legal claims, important for liability and warranty provisions in the agreement.
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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