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The Agreement Between Owner And Builder is a crucial legal document used in New Zealand's construction industry when engaging a builder for construction work on residential or commercial properties. This agreement is designed to comply with New Zealand's building regulations, including the Building Act 2004 and Construction Contracts Act 2002, while providing comprehensive coverage of all aspects of the construction project. It should be used whenever a property owner contracts a builder for significant construction work, whether for new builds, renovations, or major alterations. The document includes essential elements such as scope of works, payment terms, timeframes, warranties, and dispute resolution procedures, while incorporating specific requirements of New Zealand construction law and industry standards. It serves as both a legal safeguard and a project management tool, ensuring clear communication and understanding between parties throughout the construction process.

1. Parties: Identification of the Owner and the Builder, including full legal names, addresses, and any registration numbers for the Builder

2. Background: Context of the agreement, including property details and brief description of the proposed building work

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document

4. Scope of Works: Detailed description of the building work to be undertaken, including references to plans and specifications

5. Contract Price and Payment Terms: Agreed price, payment schedule, progress payments, and handling of variations

6. Timeframes: Start date, completion date, and provisions for extensions of time

7. Builder's Obligations: Key responsibilities including compliance with building code, obtaining consents, and maintaining insurance

8. Owner's Obligations: Responsibilities including site access, information provision, and timely decision-making

9. Materials and Workmanship: Quality standards, material specifications, and compliance requirements

10. Variations: Process for requesting, approving, and charging for variations to the original scope

11. Health and Safety: Safety requirements and responsibilities on site

12. Warranties and Guarantees: Builder's warranties, manufacturer warranties, and statutory guarantees

13. Defects and Maintenance: Defects liability period, maintenance obligations, and rectification process

14. Insurance: Required insurance coverage for both parties

15. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures

16. Termination: Grounds and process for termination by either party

17. General Provisions: Standard contractual terms including notices, assignment, and governing law