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General Contractor Agreement With Owner Template for New Zealand

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Key Requirements PROMPT example:

General Contractor Agreement With Owner

"I need a General Contractor Agreement with Owner for a residential renovation project in Auckland, with work starting March 2025, including specific provisions for heritage building requirements and a staged payment structure for a total budget of NZD 750,000."

Document background
The General Contractor Agreement With Owner is a fundamental legal document used in New Zealand construction projects to establish a binding contractual relationship between property owners and contractors. This agreement is essential when engaging a general contractor for new construction, renovations, or significant building works, whether for residential, commercial, or industrial projects. The document incorporates requirements from key New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It provides comprehensive coverage of project specifics, payment terms, quality standards, timeline commitments, and risk allocation, while offering flexibility to accommodate various project sizes and complexities. The agreement serves as a critical risk management tool and provides clear guidelines for project execution and dispute resolution.
Suggested Sections

1. Parties: Identifies the contracting parties - the Owner and the Contractor, including full legal names and contact details

2. Background: Sets out the context of the agreement, including the Owner's intention to engage the Contractor and the Contractor's confirmation of capability

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Scope of Works: Detailed description of the construction work to be performed, including specifications and standards

5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment procedures in compliance with the Construction Contracts Act

6. Time for Completion: Sets out the project timeline, including start date, completion date, and any milestone dates

7. Contractor's Obligations: Details the Contractor's responsibilities, including quality standards, compliance with laws, and warranty obligations

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access, permits, and information provision

9. Health and Safety: Outlines health and safety requirements in compliance with the Health and Safety at Work Act

10. Insurance and Liability: Specifies required insurance coverage and allocation of risks between parties

11. Variations: Process for requesting, approving, and implementing changes to the scope of work

12. Defects Liability: Details the defects liability period and process for remedying defects

13. Dispute Resolution: Sets out the process for resolving disputes, including mediation and arbitration procedures

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

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

Optional Sections

1. Provisional Sums: Include when there are aspects of work that cannot be accurately priced at contract formation

2. Subcontracting: Include when the Contractor is likely to engage subcontractors, setting out approval requirements and responsibilities

3. Retention: Include when using a retention mechanism to secure performance

4. Liquidated Damages: Include when parties agree to pre-determined damages for specific breaches, particularly delay

5. Materials and Equipment: Include when specific provisions are needed for supply and storage of materials

6. Intellectual Property: Include when design services or proprietary systems are part of the work

7. Environmental Requirements: Include for projects with specific environmental considerations or requirements

8. Bond Requirements: Include when performance or payment bonds are required

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed specifications, drawings, and technical requirements for the work

2. Schedule 2 - Contract Price Breakdown: Itemized breakdown of the contract price including rates and quantities

3. Schedule 3 - Programme of Works: Detailed project timeline including milestones and critical path activities

4. Schedule 4 - Site Information: Site details, access requirements, and known site conditions

5. Schedule 5 - Key Personnel: Details of key personnel from both parties, including contact information

6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required

7. Schedule 7 - Health and Safety Requirements: Detailed health and safety procedures and requirements

8. Appendix A - Required Forms: Standard forms for variations, payment claims, and other contract administration

9. Appendix B - Consent Documents: Copies of relevant building consents and permits

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

Residential Construction

Commercial Construction

Industrial Construction

Infrastructure

Building Services

Architecture and Design

Engineering Services

Relevant Teams

Legal

Construction

Operations

Property

Procurement

Commercial

Risk Management

Project Management

Contract Administration

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Building Owner

Site Manager

Quantity Surveyor

Commercial Manager

Risk Manager

Procurement Manager

Operations Manager

Development Manager

Construction Director

General Contractor

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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