The Owner Contractor Agreement is a fundamental legal document used in New Zealand construction projects to establish a binding relationship between property owners and building contractors. This agreement is essential when engaging a contractor for any significant construction, renovation, or development work. It must comply with New Zealand legislation, particularly the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The document typically includes detailed specifications of work, payment terms, timeframes, quality standards, and risk allocation. It provides protection for both parties by clearly defining responsibilities, establishing dispute resolution procedures, and ensuring compliance with local building codes and regulations. The agreement is adaptable for various project sizes and types, from residential construction to large commercial developments.
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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 agreement and sets out interpretation rules
4. Scope of Works: Detailed description of the works to be performed by the Contractor
5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment claim procedures
6. Time for Completion: Sets out the commencement date, completion date, and provisions for extensions of time
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 requesting, pricing, and implementing changes to the scope of works
10. Health and Safety: Health and safety requirements and responsibilities under NZ legislation
11. Insurance and Liability: Insurance requirements and liability allocation between parties
12. Defects Liability: Defects notification period and remediation procedures
13. Dispute Resolution: Process for resolving disputes between parties
14. Termination: Grounds and procedures for contract termination
15. General Provisions: Standard contract clauses including notices, governing law, and assignment
1. Bonds and Guarantees: Required for larger projects where performance security is needed
2. Intellectual Property: Necessary when design elements or proprietary methods are involved
3. Confidentiality: Important for projects involving sensitive information or proprietary designs
4. Resource Consent Obligations: Required when resource consents are needed for the project
5. Subcontracting: Needed when subcontractors are likely to be engaged
6. Liquidated Damages: For projects where specific completion dates are crucial
7. Environmental Protection: Required for projects with significant environmental impacts
8. Cultural Heritage Protection: Necessary when working on culturally significant sites
9. Building Information Modeling (BIM): Required when BIM is used in the project
1. Schedule 1: Scope of Works: Detailed specifications, drawings, and technical requirements
2. Schedule 2: Contract Price Breakdown: Itemized pricing and payment schedule
3. Schedule 3: Construction Program: Detailed timeline and project milestones
4. Schedule 4: Site Information: Site details, access points, and known site conditions
5. Schedule 5: Key Personnel: List of key personnel from both parties and their roles
6. Schedule 6: Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Schedule 7: Special Conditions: Any project-specific conditions or requirements
8. Appendix A: Technical Specifications: Detailed technical requirements and standards
9. Appendix B: Drawings: Complete set of construction drawings
10. Appendix C: Health and Safety Plan: Detailed health and safety procedures and requirements
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