The Project Agreement serves as a fundamental legal instrument for managing project-based relationships in New Zealand. It is typically used when organizations need to establish clear, legally-binding terms for project delivery, whether in construction, IT, professional services, or other sectors. The agreement comprehensively addresses project scope, commercial terms, risk allocation, and governance framework, while ensuring compliance with New Zealand legal requirements including the Contract and Commercial Law Act 2017, Construction Contracts Act 2002 (where applicable), and other relevant legislation. Project Agreements are essential for complex undertakings requiring detailed specification of deliverables, timelines, payment structures, and performance standards, providing both parties with certainty and clear recourse in case of disputes.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including any relevant history or related agreements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Project Scope: Detailed description of the project deliverables, objectives, and requirements
5. Term and Timelines: Duration of the agreement and key project milestones
6. Payment Terms: Payment amounts, schedules, invoicing requirements, and payment conditions
7. Parties' Obligations: Specific responsibilities and obligations of each party
8. Project Management: Project governance structure, reporting requirements, and communication protocols
9. Variation Procedures: Process for managing changes to project scope, timeline, or costs
10. Risk Allocation: Assignment of risks between parties and risk management procedures
11. Intellectual Property: Ownership and rights regarding project IP and pre-existing IP
12. Confidentiality: Protection and handling of confidential information
13. Liability and Indemnities: Limitations of liability and indemnification obligations
14. Insurance: Required insurance coverage and minimum limits
15. Termination: Grounds for termination and consequences
16. Dispute Resolution: Process for resolving disputes between parties
17. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Force Majeure: Provisions for handling events beyond parties' control - include if project is susceptible to external disruptions
2. Environmental Compliance: Environmental obligations and standards - include if project has environmental impacts
3. Health and Safety: Specific H&S requirements - include for projects with significant safety risks
4. Security Requirements: Security obligations and procedures - include if project involves sensitive information or facilities
5. Local Content Requirements: Requirements for local resource usage - include if project has local content obligations
6. Subcontracting: Rules and procedures for subcontracting - include if subcontractors will be used
7. Performance Guarantees: Specific performance warranties - include for complex technical projects
8. Step-in Rights: Rights to take over project elements - include for critical infrastructure projects
9. Transition Provisions: Handover requirements - include if project requires transition phase
1. Schedule 1 - Project Specification: Detailed technical specifications and requirements
2. Schedule 2 - Project Program: Detailed timeline, milestones, and delivery dates
3. Schedule 3 - Pricing and Payment Schedule: Detailed breakdown of costs, payment milestones, and rates
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Form of Reports: Templates and requirements for project reporting
6. Schedule 6 - Site Access Requirements: Procedures and conditions for accessing project sites
7. Schedule 7 - Testing and Acceptance Criteria: Criteria and procedures for accepting deliverables
8. Appendix A - Required Insurances: Detailed insurance requirements and minimum coverage
9. Appendix B - Form of Variation: Template for documenting and approving variations
10. Appendix C - Compliance Requirements: List of applicable standards and compliance requirements
Relevant legal definitions
Agreement
Applicable Laws
Approved Subcontractor
Background IP
Business Day
Change in Law
Change Request
Commencement Date
Completion
Completion Date
Confidential Information
Contract Price
Defect
Deliverables
Dispute
Effective Date
Extension Event
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Milestone
Milestone Date
Notice
Payment Schedule
Performance Standards
Project
Project IP
Project Manager
Project Plan
Project Site
Project Specification
Quality Standards
Representatives
Schedule of Rates
Scope of Works
Services
Specification
Substantial Completion
Term
Variation
Works
Applicable Laws
Approved Subcontractor
Background IP
Business Day
Change in Law
Change Request
Commencement Date
Completion
Completion Date
Confidential Information
Contract Price
Defect
Deliverables
Dispute
Effective Date
Extension Event
Force Majeure Event
Good Industry Practice
GST
Intellectual Property Rights
Key Personnel
Milestone
Milestone Date
Notice
Payment Schedule
Performance Standards
Project
Project IP
Project Manager
Project Plan
Project Site
Project Specification
Quality Standards
Representatives
Schedule of Rates
Scope of Works
Services
Specification
Substantial Completion
Term
Variation
Works
Clauses
Interpretation
Term
Project Scope
Project Management
Payment
Invoicing
Performance Obligations
Key Personnel
Subcontracting
Variations
Testing and Acceptance
Quality Assurance
Health and Safety
Environmental Compliance
Documentation
Reporting
Intellectual Property
Confidentiality
Privacy
Data Protection
Insurance
Security
Risk Allocation
Force Majeure
Warranties
Liability
Indemnification
Termination
Step-in Rights
Dispute Resolution
Assignment
Change of Control
Notices
Governing Law
Entire Agreement
Severability
Waiver
Relationship of Parties
Survival
Time of the Essence
Term
Project Scope
Project Management
Payment
Invoicing
Performance Obligations
Key Personnel
Subcontracting
Variations
Testing and Acceptance
Quality Assurance
Health and Safety
Environmental Compliance
Documentation
Reporting
Intellectual Property
Confidentiality
Privacy
Data Protection
Insurance
Security
Risk Allocation
Force Majeure
Warranties
Liability
Indemnification
Termination
Step-in Rights
Dispute Resolution
Assignment
Change of Control
Notices
Governing Law
Entire Agreement
Severability
Waiver
Relationship of Parties
Survival
Time of the Essence
Relevant Industries
Construction
Infrastructure
Information Technology
Engineering
Energy
Manufacturing
Mining
Telecommunications
Healthcare
Education
Real Estate Development
Environmental Services
Professional Services
Relevant Teams
Legal
Commercial
Operations
Project Management Office
Procurement
Risk and Compliance
Finance
Business Development
Technical Services
Quality Assurance
Relevant Roles
Project Manager
Contract Manager
Legal Counsel
Commercial Manager
Operations Director
Chief Executive Officer
Procurement Manager
Risk Manager
Finance Manager
Technical Director
Project Engineer
Business Development Manager
Compliance Officer
Quality Assurance Manager
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