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Construction Development Agreement Template for New Zealand

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Key Requirements PROMPT example:

Construction Development Agreement

"I need a Construction Development Agreement for a multi-stage residential development project in Auckland, New Zealand, with completion planned for October 2025, including specific provisions for sustainable building practices and community consultation requirements."

Document background
The Construction Development Agreement is a crucial document used in New Zealand construction projects to establish a legally binding relationship between developers, contractors, and other stakeholders. It is particularly relevant for new building developments, major renovations, or infrastructure projects where significant construction work is required. The agreement must comply with New Zealand's regulatory framework, including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. This document typically includes detailed provisions for project scope, payment terms, timeline, quality standards, risk allocation, and dispute resolution mechanisms. It serves as the primary contract document governing the development process, ensuring all parties understand their roles, responsibilities, and obligations throughout the project lifecycle.
Suggested Sections

1. Parties: Identification of the developer, contractor, and any other key parties to the agreement

2. Background: Context of the development project, including site details and purpose of the agreement

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Project Scope: Detailed description of the development works to be undertaken

5. Contract Sum and Payment Terms: Agreement on price, payment schedule, variations, and retention provisions

6. Time for Completion: Project timeline, key milestone dates, and provisions for extensions of time

7. Developer's Obligations: Key responsibilities and obligations of the developer, including site access and approvals

8. Contractor's Obligations: Key responsibilities and obligations of the contractor, including quality standards and compliance

9. Consents and Approvals: Requirements for obtaining and maintaining necessary permits and consents

10. Quality Assurance: Standards, inspections, and quality control requirements

11. Health and Safety: Health and safety requirements and responsibilities

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Defects Liability: Defects notification period and remediation obligations

14. Variations: Process for managing changes to the scope of works

15. Termination: Grounds and process for termination and consequences

16. Dispute Resolution: Process for resolving disputes between parties

17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Consultant Engagement: Required when specific consultants are engaged directly under the agreement

2. Funding and Finance: Needed when specific funding arrangements or requirements need to be documented

3. Environmental Protection: Include when project has significant environmental considerations or requirements

4. Community Engagement: Required for projects with significant community impact or consultation requirements

5. Staged Completion: Include when the development will be completed and handed over in stages

6. Value Engineering: Include when there's a specific process for cost optimization during design and construction

7. Building Information Modeling: Required when BIM is being used in the project

8. Sustainability Requirements: Include when specific green building or sustainability standards must be met

Suggested Schedules

1. Schedule 1 - Project Specifications: Detailed technical specifications for the development works

2. Schedule 2 - Site Plans and Drawings: Approved architectural and engineering drawings

3. Schedule 3 - Program of Works: Detailed project timeline and milestone dates

4. Schedule 4 - Payment Schedule: Breakdown of contract sum and payment milestones

5. Schedule 5 - Key Personnel: List of key personnel from both parties and their roles

6. Schedule 6 - Consents and Approvals: List of required permits, consents, and approvals

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage

8. Schedule 8 - Form of Payment Claim: Template for progress payment claims

9. Schedule 9 - Site Specific Requirements: Special conditions relating to the site

10. Appendix A - Health and Safety Plan: Detailed health and safety management plan

11. Appendix B - Quality Assurance Plan: Quality management procedures and requirements

12. Appendix C - Environmental Management Plan: Environmental protection and management procedures

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

Property Management

Infrastructure

Commercial Property

Residential Development

Industrial Development

Urban Planning

Architecture

Engineering

Relevant Teams

Legal

Construction

Development

Commercial

Property

Procurement

Risk & Compliance

Operations

Technical Services

Project Management

Contract Administration

Relevant Roles

Development Director

Construction Manager

Project Manager

Contract Manager

Commercial Director

Legal Counsel

Quantity Surveyor

Site Manager

Development Manager

Risk Manager

Procurement Manager

Technical Director

Chief Operating Officer

Property Director

Compliance Officer

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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