Owner Contractor Agreement for New Zealand

Owner Contractor Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the contractual relationship between a property owner and a building contractor. This document outlines the terms and conditions for construction work, including scope, payment terms, timeframes, and responsibilities of both parties. It complies with New Zealand's Construction Contracts Act 2002 and related legislation, providing mechanisms for project management, dispute resolution, and risk allocation. The agreement includes provisions for variations, defects liability, and health and safety requirements specific to New Zealand construction standards.

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What is a Owner Contractor Agreement?

The Owner Contractor Agreement is a fundamental legal document used in New Zealand construction projects to establish a binding relationship between property owners and building contractors. This agreement is essential when engaging a contractor for any significant construction, renovation, or development work. It must comply with New Zealand legislation, particularly the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The document typically includes detailed specifications of work, payment terms, timeframes, quality standards, and risk allocation. It provides protection for both parties by clearly defining responsibilities, establishing dispute resolution procedures, and ensuring compliance with local building codes and regulations. The agreement is adaptable for various project sizes and types, from residential construction to large commercial developments.

What sections should be included in a Owner Contractor Agreement?

1. Parties: Identifies and provides full legal details of the Owner and the Contractor

2. Background: Outlines 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. Scope of Works: Detailed description of the works to be performed by the Contractor

5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment claim procedures

6. Time for Completion: Sets out the commencement date, completion date, and provisions for extensions of time

7. Contractor's Obligations: Details the Contractor's responsibilities, including quality standards and compliance requirements

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access and information provision

9. Variations: Procedures for requesting, pricing, and implementing changes to the scope of works

10. Health and Safety: Health and safety requirements and responsibilities under NZ legislation

11. Insurance and Liability: Insurance requirements and liability allocation between parties

12. Defects Liability: Defects notification period and remediation procedures

13. Dispute Resolution: Process for resolving disputes between parties

14. Termination: Grounds and procedures for contract termination

15. General Provisions: Standard contract clauses including notices, governing law, and assignment

What sections are optional to include in a Owner Contractor Agreement?

1. Bonds and Guarantees: Required for larger projects where performance security is needed

2. Intellectual Property: Necessary when design elements or proprietary methods are involved

3. Confidentiality: Important for projects involving sensitive information or proprietary designs

4. Resource Consent Obligations: Required when resource consents are needed for the project

5. Subcontracting: Needed when subcontractors are likely to be engaged

6. Liquidated Damages: For projects where specific completion dates are crucial

7. Environmental Protection: Required for projects with significant environmental impacts

8. Cultural Heritage Protection: Necessary when working on culturally significant sites

9. Building Information Modeling (BIM): Required when BIM is used in the project

What schedules should be included in a Owner Contractor Agreement?

1. Schedule 1: Scope of Works: Detailed specifications, drawings, and technical requirements

2. Schedule 2: Contract Price Breakdown: Itemized pricing and payment schedule

3. Schedule 3: Construction Program: Detailed timeline and project milestones

4. Schedule 4: Site Information: Site details, access points, and known site conditions

5. Schedule 5: Key Personnel: List of key personnel from both parties and their roles

6. Schedule 6: Insurance Requirements: Detailed insurance specifications and coverage requirements

7. Schedule 7: Special Conditions: Any project-specific conditions or requirements

8. Appendix A: Technical Specifications: Detailed technical requirements and standards

9. Appendix B: Drawings: Complete set of construction drawings

10. Appendix C: Health and Safety Plan: Detailed health and safety procedures and requirements

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Healthcare Construction

Education Construction

Retail Development

Hospitality Construction

Relevant Teams

Legal

Construction

Project Management

Commercial

Procurement

Property Development

Risk Management

Facilities Management

Contract Administration

Operations

Relevant Roles

Construction Manager

Project Director

Contract Administrator

Property Developer

Building Owner

Legal Counsel

Quantity Surveyor

Project Manager

Site Manager

Commercial Manager

Risk Manager

Procurement Manager

Development Manager

Facilities Manager

Construction Lawyer

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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