The Prime Contractor Agreement is essential for construction and infrastructure projects in New Zealand where a principal engages a single contractor to take overall responsibility for project delivery. This agreement type is particularly crucial when the scope of works is substantial and may involve multiple subcontractors, requiring clear lines of responsibility and risk allocation. 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 typically includes detailed provisions for project execution, payment mechanisms, variations, dispute resolution, and quality assurance. The Prime Contractor Agreement is suitable for both commercial and residential projects, though its complexity and comprehensive nature make it particularly appropriate for larger-scale developments where sophisticated project management and risk mitigation are required.
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1. Parties: Identification of the Principal and the Prime Contractor, including full legal names and addresses
2. Background: Context of the agreement, including project overview and purpose
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpretation
4. Appointment and Scope of Works: Formal appointment of the contractor and detailed description of the works to be performed
5. Contract Sum and Payment: Payment terms, schedule, and mechanisms in compliance with the Construction Contracts Act
6. Time for Completion: Project timeline, completion dates, and provisions for extensions of time
7. Contractor's Obligations: Key responsibilities including workmanship, compliance with laws, and project management
8. Principal's Obligations: Client responsibilities including site access, approvals, and information provision
9. Health and Safety: Health and safety requirements and responsibilities under NZ legislation
10. Variations: Process for requesting, approving, and implementing changes to the scope of works
11. Insurance and Indemnity: Required insurance coverage and indemnification provisions
12. Defects Liability: Defects period, remediation process, and warranties
13. Termination: Grounds and process for contract termination by either party
14. Dispute Resolution: Process for resolving disputes in accordance with NZ law
15. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Subcontracting: Terms for engaging and managing subcontractors - include when subcontracting is anticipated
2. Performance Security: Requirements for bonds or guarantees - include for high-value projects
3. Intellectual Property: IP ownership and licenses - include when design or creative works are involved
4. Environmental Requirements: Environmental obligations - include for projects with significant environmental impact
5. Quality Assurance: Specific quality control requirements - include for complex technical projects
6. Confidentiality: Confidentiality obligations - include when sensitive information is involved
7. Force Majeure: Provisions for unforeseen events - include for long-term or high-risk projects
8. Building Information Modeling: BIM requirements and protocols - include when BIM is used in the project
1. Schedule 1 - Scope of Works: Detailed description of works including specifications and drawings
2. Schedule 2 - Contract Sum Breakdown: Detailed pricing schedule and payment milestones
3. Schedule 3 - Program of Works: Project timeline, milestones, and completion dates
4. Schedule 4 - Site Information: Site details, access requirements, and known site conditions
5. Schedule 5 - Key Personnel: Details of key staff from both parties involved in the project
6. Schedule 6 - Forms and Procedures: Standard forms for variations, payment claims, and other processes
7. Schedule 7 - Special Conditions: Any project-specific requirements or variations to standard terms
8. Appendix A - Drawings: Complete set of construction drawings
9. Appendix B - Technical Specifications: Detailed technical requirements and standards
10. Appendix C - Insurance Certificates: Copies of required insurance policies
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Property Development
Commercial Real Estate
Residential Development
Government & Public Sector
Mining & Resources
Education
Healthcare
Industrial & Manufacturing
Renewable Energy
Telecommunications
Relevant Teams
Legal
Operations
Commercial
Procurement
Project Management
Risk & Compliance
Construction
Business Development
Executive Leadership
Finance
Contract Administration
Relevant Roles
Construction Manager
Project Director
Contract Administrator
Commercial Manager
Legal Counsel
Procurement Manager
Project Manager
Development Manager
Chief Operating Officer
Risk Manager
Quantity Surveyor
Operations Director
Construction Director
Chief Executive Officer
General Counsel
Contract Manager
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