Standard Form Of Building Contract for New Zealand

Standard Form Of Building Contract Template for New Zealand

This is a comprehensive building contract template designed for use in New Zealand's construction industry, complying with New Zealand law including the Building Act 2004, Construction Contracts Act 2002, and other relevant legislation. It provides a structured framework for construction projects, detailing the rights and obligations of both the principal and contractor, including provisions for payment, variations, timeframes, quality standards, dispute resolution, and risk allocation. The document incorporates New Zealand-specific requirements for building works and includes provisions for compliance with the New Zealand Building Code and local authority requirements.

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What is a Standard Form Of Building Contract?

The Standard Form of Building Contract is a widely-used contractual instrument in New Zealand's construction industry, designed to provide a balanced and comprehensive framework for managing building projects. It is particularly suitable for medium to large-scale construction projects where detailed terms and conditions are required. The document incorporates requirements from New Zealand's Building Act 2004, Construction Contracts Act 2002, and Health and Safety at Work Act 2015, making it fully compliant with local legislation. This contract type includes essential provisions for project management, payment procedures, risk allocation, and dispute resolution, while allowing for customization through special conditions to meet specific project requirements. It serves as a reliable foundation for establishing clear contractual relationships between principals and contractors in the New Zealand construction context.

What sections should be included in a Standard Form Of Building Contract?

1. Parties: Identification of the Principal (client) and the Contractor, including their legal details and contact information

2. Background: Context of the agreement and general purpose of the contract

3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules for interpretation

4. Contract Documents: List and hierarchy of documents forming part of the contract

5. The Works: Detailed description of the construction work to be performed

6. Contract Price and Payment: Agreed price, payment schedule, and payment claim procedures

7. Time for Completion: Project timeline, completion date, and provisions for extensions of time

8. Contractor's Obligations: General and specific obligations of the contractor including quality standards

9. Principal's Obligations: Responsibilities and obligations of the principal including site access and information provision

10. Contract Administration: Role and powers of the contract administrator or engineer

11. Variations: Process for requesting, pricing, and implementing changes to the works

12. Insurance and Bonds: Required insurance coverage and performance bonds

13. Defects Liability: Defects liability period and remediation procedures

14. Health and Safety: Health and safety requirements and responsibilities

15. Dispute Resolution: Procedures for handling disputes between parties

16. Termination: Grounds and procedures for contract termination

17. General Provisions: Miscellaneous legal provisions including notices, assignment, and governing law

What sections are optional to include in a Standard Form Of Building Contract?

1. Provisional Sums: Include when there are elements of work that cannot be precisely priced at contract formation

2. Subcontracting: Include when subcontracting needs specific regulation beyond standard terms

3. Resource Consent Obligations: Include when specific resource consent conditions need to be addressed

4. Retention Money: Include when using retention as security for performance

5. Liquidated Damages: Include when specific compensation for delay needs to be pre-agreed

6. Design Obligations: Include when the contractor has design responsibilities

7. Building Warranty: Include for residential building work to comply with Building Act requirements

8. Materials Supply: Include when specific provisions for materials procurement and supply are needed

What schedules should be included in a Standard Form Of Building Contract?

1. Schedule 1: Contract Information: Key project information including contact details, key dates, and contract sum

2. Schedule 2: Special Conditions: Any amendments or additions to the general conditions

3. Schedule 3: Plans and Specifications: Detailed technical drawings and specifications for the works

4. Schedule 4: Bill of Quantities: Itemized list of quantities and rates for the works

5. Schedule 5: Programme: Detailed construction programme and milestone dates

6. Schedule 6: Insurance Requirements: Specific insurance requirements and minimum coverage amounts

7. Appendix A: Site Information: Information about the construction site including surveys and geotechnical reports

8. Appendix B: Health and Safety Requirements: Detailed health and safety procedures and requirements

9. Appendix C: Quality Assurance Plan: Quality control procedures and requirements

10. Appendix D: Environmental Management Plan: Environmental protection measures 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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Education Construction

Healthcare Construction

Retail Development

Relevant Teams

Legal

Construction

Commercial

Procurement

Project Management

Risk Management

Operations

Contract Administration

Development

Compliance

Technical Services

Quality Assurance

Finance

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Quantity Surveyor

Commercial Manager

Legal Counsel

Risk Manager

Procurement Manager

Site Manager

Building Inspector

Architect

Civil Engineer

Structural Engineer

Cost Controller

Claims Manager

Operations Director

Development Manager

Construction Director

Compliance Officer

Contracts Manager

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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