The Agreement Between Developer And Contractor is a vital legal document used in New Zealand's construction and development industry to formalize the relationship between property developers and their contracted builders or construction companies. This agreement is essential when engaging contractors for construction projects, renovations, or development works, and must comply with New Zealand's legal framework, including the Construction Contracts Act 2002, Health and Safety at Work Act 2015, and relevant building regulations. The document covers crucial aspects such as scope of works, payment terms, project timelines, quality standards, compliance requirements, and risk allocation. It's particularly important for protecting both parties' interests, ensuring clear communication of expectations, and providing mechanisms for dispute resolution within the New Zealand legal context.
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1. Parties: Identification and details of the Developer and Contractor, including their legal names, addresses, and company registration numbers if applicable
2. Background: Context of the agreement, including project overview and the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the services and works to be performed by the Contractor
5. Term and Commencement: Duration of the agreement and start date
6. Payment Terms: Payment amounts, schedule, invoicing requirements, and payment methods
7. Contractor's Obligations: Key responsibilities and duties of the Contractor
8. Developer's Obligations: Key responsibilities and duties of the Developer
9. Health and Safety: Health and safety requirements and responsibilities under NZ law
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Intellectual Property: Ownership and rights to intellectual property created during the project
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Circumstances and process for ending the agreement
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Variations: Process for managing changes to scope or requirements - include when project scope might change
2. Subcontracting: Terms regarding the engagement of subcontractors - include when subcontracting is permitted
3. Performance Guarantees: Specific performance standards and guarantees - include for complex or high-value projects
4. Liquidated Damages: Predetermined damages for specific breaches - include for time-critical projects
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or high-risk projects
6. Retention: Terms for holding back payment portions - include for projects with quality-critical deliverables
7. Site Access and Security: Rules for accessing work sites - include when work is performed at specific locations
8. Materials and Equipment: Provisions regarding supply and ownership of materials - include when significant materials are involved
1. Schedule 1 - Scope of Works: Detailed specification of works including technical requirements, deliverables, and milestones
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments, rates, and payment milestones
3. Schedule 3 - Program of Works: Timeline and schedule of works including key dates and deadlines
4. Schedule 4 - Site Information: Details of work sites including access requirements and site conditions
5. Schedule 5 - Key Personnel: Details of key team members from both parties involved in the project
6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage amounts required
7. Appendix A - Forms and Ƶ: Standard forms for variations, payment claims, and other project documentation
8. Appendix B - Technical Specifications: Detailed technical requirements and standards for the work
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