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Construction Consulting Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Consulting Agreement

"I need a Construction Consulting Agreement for a large-scale commercial building project in Auckland, where our firm will provide project management and cost consulting services, with work commencing March 2025 and involving multiple subconsultants."

Document background
The Construction Consulting Agreement is designed for use in New Zealand's construction industry where professional consulting services are required for construction projects. This document is essential when engaging construction consultants for services such as project management, construction supervision, cost management, or technical advisory services. The agreement ensures compliance with New Zealand's regulatory framework, including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It provides comprehensive coverage of service scope, professional obligations, liability provisions, payment terms, and dispute resolution mechanisms, while addressing specific requirements of the New Zealand construction sector. This agreement is particularly relevant for projects requiring specialized construction expertise and professional guidance throughout the construction process.
Suggested Sections

1. Parties: Identification and details of the consultant and the client

2. Background: Context of the agreement, project overview, and preliminary discussions

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. Appointment and Scope of Services: Formal appointment of consultant and detailed scope of consulting services

5. Consultant's Obligations: Key responsibilities, standard of care, and professional duties

6. Client's Obligations: Client's responsibilities, including provision of information and access

7. Fees and Payment: Consulting fees, payment terms, and invoicing procedures

8. Term and Termination: Duration of agreement and circumstances for termination

9. Insurance and Liability: Insurance requirements and limitation of liability provisions

10. Intellectual Property: Ownership and usage rights of project documents and designs

11. Confidentiality: Protection and handling of confidential information

12. Health and Safety: Compliance with Health and Safety at Work Act 2015 and related obligations

13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Variations: Process for varying the scope of services or terms - include for complex projects

2. Key Personnel: Identification of key team members - include when specific expertise is crucial

3. Performance Guarantees: Specific performance metrics and guarantees - include for high-value projects

4. Force Majeure: Provisions for unforeseen circumstances - include for long-term projects

5. Environmental Compliance: Environmental obligations - include for projects with environmental impact

6. Building Information Modeling (BIM): BIM requirements and protocols - include when BIM is used

7. Subconsultants: Terms for engaging and managing subconsultants - include when subconsultants are likely

8. Quality Assurance: Specific quality control procedures - include for complex technical projects

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed description of consulting services and deliverables

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3: Project Programme: Timeline, milestones, and delivery dates

4. Schedule 4: Key Personnel: Details of key team members and their roles

5. Schedule 5: Client's Requirements: Specific client requirements and specifications

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

7. Appendix A: Project Brief: Detailed project specifications and requirements

8. Appendix B: Special Conditions: Any special terms or conditions specific to the project

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Development

Public Works

Architecture

Engineering Services

Urban Planning

Facilities Management

Relevant Teams

Legal

Operations

Commercial

Procurement

Risk Management

Project Management

Technical Services

Contract Administration

Business Development

Compliance

Relevant Roles

Construction Consultant

Project Manager

Construction Manager

Contract Administrator

Quantity Surveyor

Building Surveyor

Construction Director

Technical Director

Commercial Manager

Risk Manager

Procurement Manager

Development Manager

Legal Counsel

Construction Lawyer

Chief Operating Officer

Operations 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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