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Construction Consulting Contract Template for New Zealand

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Key Requirements PROMPT example:

Construction Consulting Contract

"I need a Construction Consulting Contract for a large-scale commercial development project in Auckland, New Zealand, where we'll be engaging a consulting firm to provide both design review and construction monitoring services starting March 2025, with specific emphasis on sustainable building practices and BIM requirements."

Document background
The Construction Consulting Contract serves as a vital legal instrument in New Zealand's construction industry, establishing the professional relationship between construction consultants and their clients. This document is essential when engaging consulting services for construction projects, whether for residential, commercial, or infrastructure developments. It encompasses crucial elements required under New Zealand law, including compliance with the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The contract provides comprehensive coverage of service scope, professional obligations, payment terms, and risk allocation, while incorporating specific provisions for the New Zealand construction environment. It's designed to protect both parties' interests while ensuring clear communication of expectations and deliverables throughout the project lifecycle.
Suggested Sections

1. Parties: Identifies and provides full legal details of the consultant and the client

2. Background: Outlines the context of the agreement, including the project overview and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. Appointment and Scope of Services: Details the consultant's appointment and describes the agreed services to be provided

5. Consultant's Obligations: Sets out the consultant's duties, responsibilities, and standard of care

6. Client's Obligations: Specifies the client's responsibilities and obligations to enable the consultant to perform the services

7. Time for Performance: Establishes project timelines, milestones, and delivery schedules

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Variations: Procedures for varying the scope of services and associated fee adjustments

10. Insurance and Liability: Specifies required insurance coverage and limitations of liability

11. Intellectual Property: Addresses ownership and usage rights of project documents and intellectual property

12. Confidentiality: Obligations regarding confidential information and its protection

13. Termination: Grounds and procedures for termination of the agreement

14. Dispute Resolution: Procedures for resolving disputes between parties

15. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

Optional Sections

1. Health and Safety: Detailed health and safety obligations when the consultant has site presence or safety responsibilities

2. Building Information Modeling (BIM): Specific provisions for BIM requirements when the project involves BIM delivery

3. Environmental Compliance: Environmental obligations when the project has significant environmental considerations

4. Subconsultants: Provisions regarding the appointment and management of subconsultants when their use is anticipated

5. Quality Assurance: Specific quality management requirements for complex projects

6. Security of Payment: Additional payment security provisions for high-value contracts

7. Force Majeure: Specific provisions for handling unforeseen events, particularly relevant post-COVID

8. Professional Development: Requirements for maintaining professional qualifications when specific certifications are crucial

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed description of all services to be provided, including deliverables

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3: Program: Detailed project program including milestones and delivery dates

4. Schedule 4: Key Personnel: Details of key team members and their roles/responsibilities

5. Schedule 5: Client's Requirements: Specific client standards, requirements, and specifications

6. Schedule 6: Insurance Requirements: Detailed insurance requirements and minimum coverage levels

7. Appendix A: Project Brief: Detailed project background and requirements

8. Appendix B: Special Conditions: Any special terms or conditions specific to the project

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































Clauses









































Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Public Works

Industrial Construction

Healthcare Construction

Education Construction

Retail Development

Hospitality Development

Transport Infrastructure

Environmental Construction

Mining Construction

Relevant Teams

Legal

Operations

Commercial

Procurement

Risk Management

Project Management

Business Development

Contract Administration

Quality Assurance

Technical Services

Executive Leadership

Relevant Roles

Construction Consultant

Project Manager

Contract Manager

Legal Counsel

Construction Director

Commercial Manager

Procurement Manager

Risk Manager

Development Manager

Construction Manager

Technical Director

Chief Operating Officer

Managing Director

Business Development Manager

Bid Manager

Quality Assurance Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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