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Development Contract Template for New Zealand

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Key Requirements PROMPT example:

Development Contract

"I need a Development Contract for a commercial office building project in Auckland, with construction starting March 2025, including specific provisions for sustainable building practices and staged completion requirements over 18 months."

Document background
The Development Contract serves as a crucial legal instrument in New Zealand's construction and development sector. It is designed for use when engaging developers for construction, renovation, or infrastructure projects, providing a robust framework that aligns with New Zealand's legal requirements, including the Construction Contracts Act 2002, Building Act 2004, and Resource Management Act 1991. The document addresses key aspects such as project scope, payment mechanisms, risk allocation, and compliance requirements, while incorporating specific provisions for local authority approvals and environmental considerations. This type of agreement is essential for protecting both developers' and clients' interests throughout the development process, from initial planning through to completion and handover.
Suggested Sections

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

2. Background: Context of the development project and relationship between parties

3. Definitions: Defined terms used throughout the agreement

4. Scope of Works: Detailed description of the development project and deliverables

5. Contract Price and Payment Terms: Project costs, payment schedule, and payment mechanisms

6. Timeline and Milestones: Project schedule, key dates, and completion criteria

7. Developer's Obligations: Core responsibilities and duties of the developer

8. Client's Obligations: Core responsibilities and duties of the client

9. Variations: Process for managing changes to scope, price, or timeline

10. Quality and Standards: Required quality levels and applicable industry standards

11. Consents and Approvals: Requirements for obtaining necessary permits and authorizations

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

13. Insurance and Liability: Insurance requirements and liability allocation

14. Intellectual Property: Ownership and usage rights of project IP

15. Confidentiality: Protection of confidential information

16. Default and Termination: Circumstances and processes for contract termination

17. Dispute Resolution: Process for resolving disputes between parties

18. General Provisions: Standard boilerplate clauses including governing law

Optional Sections

1. Site Access and Security: Used when development occurs on specific site requiring access protocols

2. Environmental Management: Required for projects with significant environmental implications

3. Subcontracting: Include when developer may engage subcontractors

4. Performance Bonds: Used for high-value projects requiring additional security

5. Defects Liability Period: Include for projects requiring post-completion warranty period

6. Marketing and Publicity: Used when project involves public relations or marketing rights

7. Force Majeure: Include for long-term projects with significant risk factors

8. Cultural Heritage Protection: Required for projects affecting cultural or heritage sites

Suggested Schedules

1. Schedule 1: Detailed Scope of Works: Comprehensive technical specifications and requirements

2. Schedule 2: Project Timeline: Detailed project program including all milestones

3. Schedule 3: Price Schedule: Breakdown of costs, rates, and payment schedule

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

5. Schedule 5: Plans and Drawings: Technical drawings and design documents

6. Schedule 6: Consents and Approvals: List of required permits and their status

7. Schedule 7: Insurance Requirements: Detailed insurance specifications

8. Appendix A: Site Information: Site-specific details and conditions

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

10. Appendix C: Health and Safety Plan: Detailed H&S procedures and requirements

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

Property Development

Infrastructure

Commercial Property

Residential Development

Industrial Development

Urban Planning

Architecture

Engineering

Relevant Teams

Legal

Commercial

Development

Construction

Project Management

Procurement

Risk & Compliance

Technical Services

Planning & Design

Finance

Relevant Roles

Development Manager

Project Director

Construction Manager

Contract Administrator

Legal Counsel

Commercial Manager

Property Developer

Project Manager

Quantity Surveyor

Risk Manager

Procurement Manager

Development Director

Technical Director

Planning Manager

Compliance Officer

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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