The Termination Of Building Contract Letter is a crucial document used in New Zealand's construction industry when one party needs to formally end a building contract. This document becomes necessary when there are significant breaches of contract, failure to perform obligations, insolvency, or other substantial issues that warrant contract termination. The letter must comply with New Zealand's construction laws, including the Construction Contracts Act 2002 and Building Act 2004, and should clearly state the grounds for termination, reference relevant contract clauses, detail outstanding works and payments, and specify required actions from all parties. It serves as an official record of the termination and can be crucial in any subsequent legal proceedings or dispute resolution processes.
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1. Sender's Details: Full name, address, and contact information of the party initiating the termination
2. Recipient's Details: Full name, address, and contact information of the other party to the building contract
3. Date: Current date of the termination letter
4. Contract Reference: Details of the original building contract including date, project address, and contract reference number
5. Formal Notice of Termination: Clear statement declaring the termination of the building contract
6. Grounds for Termination: Specific reasons for termination, citing relevant contract clauses or legislative provisions
7. Summary of Events: Chronological overview of relevant events leading to termination
8. Outstanding Works: List of incomplete works and current status of the project
9. Financial Statement: Summary of payments made, amounts outstanding, and any claims for damages or compensation
10. Next Steps: Clear outline of required actions from both parties, including handover of site and materials
11. Notice Period: Specification of the notice period as per contract terms or relevant legislation
1. Previous Correspondence Reference: Reference to previous warnings, notices, or relevant correspondence - include when there has been documented communication about issues
2. Health and Safety Concerns: Details of any health and safety issues - include when termination involves safety breaches
3. Defective Works: Description of any defective works requiring remediation - include when quality issues are part of termination grounds
4. Dispute Resolution: Reference to dispute resolution procedures - include when specified in original contract or if pursuing mediation
5. Insurance Claims: Details of any insurance claims or requirements - include when insurance-related issues are involved
6. Subcontractor Information: Information regarding affected subcontractors - include when subcontractors are involved in the project
1. Schedule A - Payment History: Detailed record of all payments made and outstanding amounts
2. Schedule B - Photographic Evidence: Photos documenting current state of works, defects, or safety issues
3. Schedule C - Site Inspection Report: Recent inspection report detailing status of works and issues
4. Schedule D - Correspondence Log: Chronological list of relevant correspondence and notices
5. Appendix 1 - Expert Reports: Any relevant expert or engineer reports supporting termination grounds
6. Appendix 2 - Contract Extracts: Relevant excerpts from the original contract, particularly termination clauses
Relevant legal definitions
Contract
Works
Site
Practical Completion
Contract Sum
Variation
Defects
Notice Period
Outstanding Works
Payment Claim
Building Consent
Project
Completion Date
Default
Material Breach
Construction Work
Principal
Contractor
Working Day
Retention Sum
Liquidated Damages
Performance Bond
Building Work
Remedial Works
Contract Documents
Works
Site
Practical Completion
Contract Sum
Variation
Defects
Notice Period
Outstanding Works
Payment Claim
Building Consent
Project
Completion Date
Default
Material Breach
Construction Work
Principal
Contractor
Working Day
Retention Sum
Liquidated Damages
Performance Bond
Building Work
Remedial Works
Contract Documents
Clauses
Contract Reference
Notice of Termination
Grounds for Termination
Project Status
Outstanding Works
Payment Status
Breach Details
Default Notification
Site Access
Handover Requirements
Materials and Equipment
Documentation Requirements
Dispute Resolution
Insurance
Intellectual Property
Confidentiality
Health and Safety
Liability
Property Rights
Subcontractor Arrangements
Quality Assurance
Defects Liability
Performance Bond
Retention Money
Further Assurance
Governing Law
Notice of Termination
Grounds for Termination
Project Status
Outstanding Works
Payment Status
Breach Details
Default Notification
Site Access
Handover Requirements
Materials and Equipment
Documentation Requirements
Dispute Resolution
Insurance
Intellectual Property
Confidentiality
Health and Safety
Liability
Property Rights
Subcontractor Arrangements
Quality Assurance
Defects Liability
Performance Bond
Retention Money
Further Assurance
Governing Law
Relevant Industries
Construction
Real Estate
Property Development
Residential Construction
Commercial Construction
Infrastructure Development
Building and Infrastructure
Legal Services
Architecture
Engineering
Relevant Teams
Legal
Construction
Operations
Project Management
Contract Administration
Risk and Compliance
Property Development
Quality Assurance
Finance
Documentation
Relevant Roles
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Property Developer
Building Owner
Site Manager
Quantity Surveyor
Construction Lawyer
Risk Manager
Compliance Officer
Operations Manager
Development Manager
Project Controller
Claims Manager
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