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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."
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
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
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
Construction
Real Estate Development
Property Management
Infrastructure
Commercial Property
Residential Development
Industrial Development
Urban Planning
Architecture
Engineering
Legal
Construction
Development
Commercial
Property
Procurement
Risk & Compliance
Operations
Technical Services
Project Management
Contract Administration
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
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