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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."
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
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
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
Residential Construction
Commercial Construction
Industrial Construction
Infrastructure Development
Building Renovation
Home Improvement
Property Development
Civil Construction
Specialty Trade Construction
Legal
Construction Operations
Commercial
Procurement
Risk Management
Health and Safety
Quality Assurance
Project Management
Contract Administration
Site Operations
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
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