The Subcontractor Agreement (Construction) is a vital document in New Zealand's construction industry, used when a main contractor needs to engage specialized contractors for specific aspects of a construction project. This agreement is designed to comply with New Zealand's legal framework, particularly the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It establishes clear terms for scope of works, payment procedures, performance standards, and risk allocation between parties. The document is essential for projects requiring specialized trade work, complex construction tasks, or when the main contractor needs to delegate specific components of a larger construction project. It includes comprehensive provisions for project management, quality control, dispute resolution, and statutory compliance, while protecting both parties' interests through clear delineation of responsibilities and obligations.
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1. Parties: Identification of the main contractor and subcontractor, including their legal names, company numbers, and addresses
2. Background: Context of the agreement, including reference to the main contract and project details
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Engagement and Scope of Works: Terms of engagement and detailed description of the subcontractor's scope of work
5. Contract Price and Payment: Payment terms, rates, and payment procedures complying with the Construction Contracts Act 2002
6. Time for Performance: Project timeline, milestones, and completion dates
7. Subcontractor's Obligations: General and specific obligations including quality standards, compliance with laws, and coordination requirements
8. Main Contractor's Obligations: Responsibilities of the main contractor including site access, information provision, and coordination
9. Health and Safety: Health and safety requirements and responsibilities under the Health and Safety at Work Act 2015
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Variations: Process for managing changes to the scope of works
12. Defects and Warranties: Defect liability period, warranty terms, and remediation processes
13. Default and Termination: Events of default, termination rights, and consequences of termination
14. Dispute Resolution: Process for resolving disputes as required by the Construction Contracts Act
15. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Performance Security: Requirements for bonds or guarantees, used when additional security is required
2. Intellectual Property: IP rights and obligations, needed when design or creative work is involved
3. Confidentiality: Confidentiality obligations, important for projects involving sensitive information
4. Environmental Requirements: Specific environmental obligations, needed for projects with environmental impacts
5. Indigenous Rights and Cultural Heritage: Obligations regarding Māori cultural heritage and consultation, relevant for projects affecting cultural sites
6. Equipment and Materials: Specific provisions for supply and management of equipment/materials, used when subcontractor provides significant materials
7. Force Majeure: Provisions for unforeseen events, important for longer-term or high-risk projects
1. Schedule 1 - Scope of Works: Detailed description of works including specifications and drawings
2. Schedule 2 - Program of Works: Detailed timeline, milestones, and completion dates
3. Schedule 3 - Price and Payment Schedule: Detailed breakdown of prices, rates, and payment milestones
4. Schedule 4 - Site Requirements: Site-specific requirements, access protocols, and working hours
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
6. Schedule 6 - Health and Safety Requirements: Specific health and safety procedures and requirements
7. Appendix A - Main Contract Extracts: Relevant excerpts from the main contract affecting subcontractor's work
8. Appendix B - Forms and Templates: Standard forms for variations, payment claims, and other processes
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Commercial Building
Residential Construction
Industrial Construction
Civil Engineering
Building Services
Electrical Construction
Mechanical Construction
Plumbing and Drainage
Interior Fit-out
Demolition
Earthworks and Excavation
Relevant Teams
Legal
Procurement
Construction Management
Commercial
Operations
Risk and Compliance
Health and Safety
Project Management
Contract Administration
Finance
Site Operations
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Commercial Manager
Quantity Surveyor
Site Manager
Legal Counsel
Procurement Manager
Risk Manager
Health and Safety Manager
Operations Manager
Construction Director
Contracts Manager
Estimator
Project Engineer
Site Supervisor
Compliance Officer
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