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Contract Between Builder And Subcontractor Template for New Zealand

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Key Requirements PROMPT example:

Contract Between Builder And Subcontractor

"I need a Contract Between Builder And Subcontractor for a residential development project in Auckland, New Zealand, where we'll be engaging a specialist roofing contractor for a 20-unit apartment complex with work commencing in March 2025, with specific provisions for weather-related delays and sustainable materials requirements."

Document background
The Contract Between Builder And Subcontractor is a crucial document in New Zealand's construction industry, designed to establish clear contractual relationships for specific construction works. It is typically used when a main contractor (builder) needs to engage specialized trade contractors for particular aspects of a construction project. The document ensures compliance with key New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It contains essential provisions for payment terms, work specifications, performance standards, and dispute resolution procedures, while addressing specific requirements of New Zealand construction law and industry practices. This contract type is fundamental for risk management and clear allocation of responsibilities in construction projects of all sizes.
Suggested Sections

1. Parties: Identifies and provides full legal details of the builder (contractor) and subcontractor, including registered business names, company numbers, and addresses

2. Background: Outlines the context of the agreement, including reference to the main contract, project details, and the builder's intention to engage the subcontractor

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpreting the contract

4. Scope of Works: Detailed description of the specific works to be performed by the subcontractor, including specifications, standards, and quality requirements

5. Contract Price and Payment: Specifies the agreed price, payment schedule, process for variations, and payment terms in accordance with the Construction Contracts Act 2002

6. Time for Performance: Sets out the commencement date, completion date, and any milestone dates, including provisions for extensions of time

7. Subcontractor Obligations: Lists the subcontractor's key responsibilities, including workmanship, supply of materials, compliance with laws, and coordination with other trades

8. Builder's Obligations: Outlines the builder's responsibilities, including site access, provision of information, and coordination of works

9. Health and Safety: Details health and safety requirements, responsibilities, and compliance with the Health and Safety at Work Act 2015

10. Insurance and Liability: Specifies required insurance coverage and liability obligations of both parties

11. Defects and Warranties: Establishes defect liability period, warranty terms, and process for rectification of defects

12. Default and Termination: Sets out circumstances for default, termination rights, and consequences of termination

13. Dispute Resolution: Establishes process for resolving disputes in accordance with the Construction Contracts Act 2002

14. General Provisions: Includes standard contract clauses covering assignment, notices, governing law, and entire agreement

Optional Sections

1. Performance Security: Required when retention money or bank guarantees are needed to secure subcontractor performance

2. Intellectual Property: Needed when the works involve design elements or proprietary systems

3. Confidentiality: Important when dealing with sensitive commercial information or proprietary construction methods

4. Environmental Requirements: Required for projects with specific environmental compliance needs or green building requirements

5. Quality Assurance: Needed for projects requiring specific quality management systems or certification

6. Materials Supply: Required when the builder will supply materials to the subcontractor

7. Apprentices and Training: Included when there are specific requirements for engaging apprentices or providing training

8. Building Information Modeling (BIM): Required when the project involves BIM requirements and protocols

Suggested Schedules

1. Schedule 1: Scope of Works: Detailed specifications, drawings, and technical requirements for the subcontract works

2. Schedule 2: Contract Price Breakdown: Itemized breakdown of the contract price, including rates for variations

3. Schedule 3: Program of Works: Detailed timeline showing start dates, completion dates, and critical milestones

4. Schedule 4: Site Rules and Procedures: Specific site requirements, access times, and operational procedures

5. Schedule 5: Required Insurances: Details of specific insurance policies and coverage amounts required

6. Schedule 6: Forms and Certificates: Templates for payment claims, completion certificates, and other required documentation

7. Schedule 7: Special Conditions: Any project-specific requirements or variations to standard terms

8. Appendix A: Health and Safety Plan: Specific health and safety requirements, hazard management procedures, and safety protocols

9. Appendix B: Quality Control Plan: Quality assurance procedures, inspection requirements, and acceptance criteria

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

Residential Construction

Commercial Construction

Industrial Construction

Infrastructure Development

Building Renovation

Home Improvement

Property Development

Civil Construction

Specialty Trade Construction

Relevant Teams

Legal

Construction Operations

Commercial

Procurement

Risk Management

Health and Safety

Quality Assurance

Project Management

Contract Administration

Site Operations

Relevant Roles

Construction Manager

Project Manager

Site Supervisor

Contracts Administrator

Commercial Manager

Quantity Surveyor

Construction Legal Counsel

Risk Manager

Procurement Manager

Operations Manager

Building Services Manager

Health and Safety Manager

Quality Assurance Manager

Estimator

Trade Supervisor

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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