The General Contractor Contract With Owner is a fundamental document in New Zealand construction projects, used when a property owner engages a general contractor to undertake construction works. This contract type is essential for projects where the contractor takes primary responsibility for construction delivery, coordination of subcontractors, and project completion. It operates within New Zealand's legal framework, particularly under the Construction Contracts Act 2002 and Building Act 2004, providing comprehensive coverage of construction terms, payment provisions, and risk allocation. The document is structured to protect both parties' interests while ensuring compliance with New Zealand construction industry standards and regulations. It includes detailed provisions for project execution, variations, dispute resolution, and quality assurance, making it suitable for both commercial and significant residential construction projects.
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1. Parties: Identifies and provides full legal details of the Owner and the Contractor
2. Background: Outlines the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation rules
4. Scope of Works: Detailed description of the construction work to be performed
5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment procedures
6. Time for Completion: Sets out the project timeline, completion date, and any milestone dates
7. Contractor's Obligations: Details the contractor's responsibilities, including quality standards and compliance requirements
8. Owner's Obligations: Specifies the owner's responsibilities, including site access and information provision
9. Variations: Procedures for managing changes to the scope of work
10. Health and Safety: Outlines health and safety requirements and responsibilities
11. Insurance and Liability: Details required insurance coverage and liability allocation
12. Defects Liability: Specifies the defects liability period and rectification procedures
13. Dispute Resolution: Sets out the process for resolving disputes between parties
14. Termination: Conditions and procedures for contract termination
15. General Provisions: Standard contract clauses including notices, governing law, and assignment
1. Provisional Sums: Used when certain costs cannot be determined at contract signing
2. Staged Completion: Included for projects with multiple completion stages or separable portions
3. Subcontracting: Required when subcontractors will be engaged for specific work packages
4. Materials and Equipment Supply: Included when specific requirements exist for materials procurement or equipment supply
5. Performance Security: Used when bonds or guarantees are required
6. Resource Consent Obligations: Included when resource consent conditions need to be managed
7. Environmental Management: Required for projects with significant environmental considerations
8. Cultural Heritage Protection: Included when working on or near culturally significant sites
9. Liquidated Damages: Used when specific damages for delay or non-performance are to be pre-agreed
1. Schedule 1: Contract Details: Key project information, contact details, and specific contract parameters
2. Schedule 2: Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3: Program of Works: Detailed project timeline and milestone dates
4. Schedule 4: Payment Schedule: Payment amounts, timing, and any progress payment details
5. Schedule 5: Site Information: Site details, access requirements, and existing conditions
6. Schedule 6: Special Conditions: Any project-specific conditions or requirements
7. Appendix A: Drawings: Complete set of construction drawings
8. Appendix B: Specifications: Technical specifications and standards
9. Appendix C: Insurance Certificates: Copies of required insurance policies
10. Appendix D: Health and Safety Plan: Detailed health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Infrastructure
Commercial Property
Residential Property
Industrial
Healthcare Facilities
Education Facilities
Retail
Hospitality
Relevant Teams
Legal
Construction
Commercial
Operations
Procurement
Risk Management
Project Management
Property Development
Contract Administration
Business Development
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Commercial Manager
Legal Counsel
Quantity Surveyor
Site Manager
Operations Director
Chief Executive Officer
Risk Manager
Procurement Manager
Construction Director
Property Developer
Facilities Manager
Project Engineer
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