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Design Build Contract Template for New Zealand

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Key Requirements PROMPT example:

Design Build Contract

"I need a Design Build Contract for a new commercial office building project in Auckland, with a project value of NZD 25 million and construction completion required by June 2025, including specific provisions for green building certification and BIM implementation."

Document background
The Design Build Contract is a specialized construction agreement used in New Zealand when a Principal wishes to engage a single entity responsible for both design and construction services. This procurement method differs from traditional contracts by consolidating design and construction responsibility, potentially reducing project duration and coordination risks. The document incorporates requirements from New Zealand construction legislation, including the Construction Contracts Act 2002 and Building Act 2004, while addressing specific aspects of design liability, construction methodology, and risk allocation. It is particularly suitable for projects where early contractor involvement and integrated design and construction solutions are desired, offering potential time and cost efficiencies while maintaining quality control through single-point responsibility.
Suggested Sections

1. Parties: Identifies and provides details of the Principal/Owner and the Design-Builder

2. Background: Sets out the context of the agreement and the Principal's intention to engage the Design-Builder

3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation principles

4. Contract Documents: Lists and hierarchically orders all documents forming part of the contract

5. Design-Builder's Obligations: Details core responsibilities including design development, construction works, and completion obligations

6. Principal's Obligations: Outlines the Principal's responsibilities including site access, information provision, and payment obligations

7. Time and Progress: Addresses project timeline, milestones, completion dates, and extension of time provisions

8. Variations: Procedures for changes to design or construction work, including pricing and approval processes

9. Payment: Details payment terms, progress payments, retention, and final payment provisions

10. Design Development: Processes for design submission, review, and approval

11. Quality Assurance: Requirements for quality management, testing, and inspection

12. Defects Liability: Provisions for identifying and rectifying defects during and after completion

13. Insurance and Indemnity: Required insurance coverage and indemnification obligations

14. Default and Termination: Circumstances and procedures for contract termination and consequences

15. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

16. General Provisions: Standard contract clauses including notices, assignment, and governing law

Optional Sections

1. Early Works: Used when design-builder needs to commence certain works before full design completion

2. Value Management: Include for large projects requiring cost optimization processes

3. Building Information Modeling (BIM): Required when BIM is to be used in design and construction

4. Environmental Requirements: Include when project has specific environmental obligations or certifications

5. Stakeholder Management: For projects with significant community or stakeholder involvement

6. Independent Certifier: Used when independent certification of work or progress is required

7. Intellectual Property Rights: Include when specific IP arrangements are needed for design elements

8. Novation: Include when existing consultants are to be novated to the Design-Builder

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, parties' representatives, dates, and amounts

2. Schedule 2 - Owner's Project Requirements: Detailed description of project scope and requirements

3. Schedule 3 - Design Documents: Initial design documents and requirements for design development

4. Schedule 4 - Site Information: Site details, conditions, and access arrangements

5. Schedule 5 - Program: Project timeline, milestones, and completion dates

6. Schedule 6 - Payment Schedule: Payment breakdown, milestones, and claim procedures

7. Schedule 7 - Insurance Requirements: Detailed insurance obligations and minimum coverage

8. Schedule 8 - Forms of Security: Templates for bank guarantees and other security forms

9. Schedule 9 - Quality Management Plan: Quality assurance requirements and procedures

10. Schedule 10 - Subcontractor Requirements: Requirements for engagement and management of subcontractors

11. Appendix A - Special Conditions: Project-specific amendments to standard conditions

12. Appendix B - Technical Specifications: Detailed technical requirements and standards

13. Appendix C - Drawing Register: List of all drawings and revisions

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

Infrastructure

Commercial Property

Industrial

Residential Development

Healthcare

Education

Retail

Hospitality

Government

Transportation

Relevant Teams

Legal

Construction

Design

Commercial

Procurement

Project Management

Risk and Compliance

Operations

Finance

Business Development

Technical Services

Relevant Roles

Project Director

Construction Manager

Design Manager

Contract Administrator

Commercial Manager

Project Manager

Chief Executive Officer

Legal Counsel

Risk Manager

Procurement Manager

Development Manager

Technical Director

Operations Director

Financial Controller

Quantity Surveyor

Principal Architect

Engineering 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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