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Generic Construction Contract
"I need a Generic Construction Contract for a commercial warehouse development project in Auckland, with a contract value of NZD 5 million and construction scheduled to commence in March 2025, including specific provisions for staged completion and sustainability requirements."
1. Parties: Identifies and provides full legal details of the contracting parties (Principal/Owner and Contractor)
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation rules
4. Scope of Works: Detailed description of the construction works to be performed, including specifications and standards
5. Contract Price and Payment: Specifies the contract sum, payment schedule, and payment claim procedures in accordance with the Construction Contracts Act 2002
6. Time for Completion: Establishes project timeline, completion date, and provisions for extensions of time
7. Site Access and Conditions: Details regarding access to the construction site, site conditions, and site management requirements
8. Materials and Workmanship: Standards for materials and workmanship, including compliance with Building Code requirements
9. Variations: Procedures for varying the scope of works and adjusting the contract price
10. Health and Safety: Obligations and procedures for maintaining site safety in compliance with the Health and Safety at Work Act
11. Insurance and Liability: Insurance requirements and allocation of risks between parties
12. Defects Liability: Provisions for identifying and remedying defects during and after construction
13. Practical Completion: Requirements and process for achieving practical completion
14. Default and Termination: Circumstances and procedures for contract termination and consequences of default
15. Dispute Resolution: Procedures for resolving disputes, including reference to the Construction Contracts Act processes
16. General Provisions: Standard contract clauses covering assignments, notices, governing law, etc.
1. Consultant Engagement: Required when the contract involves engagement of specific consultants or design professionals
2. Design Obligations: Included when the contractor has design responsibilities (design and build contracts)
3. Resource Consent Obligations: Required when resource consent requirements need to be managed as part of the contract
4. Provisional Sums: Included when certain works cannot be fully scoped or priced at contract formation
5. Subcontracting: Detailed provisions for when subcontracting is anticipated or required
6. Bonds and Retentions: Required when performance bonds or retention monies are part of the security arrangement
7. Intellectual Property: Included when design or innovative construction methods are involved
8. Environmental Management: Required for projects with significant environmental considerations
9. Cultural Heritage: Required when working on or near sites of cultural significance
10. Liquidated Damages: Included when specific compensation for delay or non-performance is required
1. Schedule 1: Contract Details: Key project information, contact details, and specific contract parameters
2. Schedule 2: Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3: Program: Construction program, milestones, and completion dates
4. Schedule 4: Payment Schedule: Payment amounts, dates, and milestone payment details
5. Schedule 5: Site Information: Site plans, geotechnical information, and existing conditions
6. Schedule 6: Special Conditions: Project-specific conditions that modify or supplement the general conditions
7. Appendix A: Drawings: Complete set of construction drawings
8. Appendix B: Specifications: Detailed technical specifications for materials and workmanship
9. Appendix C: Bill of Quantities: Itemized list of quantities and rates (if applicable)
10. Appendix D: Health and Safety Plan: Site-specific safety management plan and procedures
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Civil Engineering
Architecture and Design
Building Services
Project Management
Legal
Operations
Construction
Commercial
Procurement
Risk and Compliance
Project Management
Health and Safety
Finance
Technical Services
Quality Assurance
Design
Contract Administration
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Quantity Surveyor
Site Manager
Commercial Manager
Risk Manager
Procurement Manager
Operations Director
Development Manager
Construction Director
Architect
Civil Engineer
Building Inspector
Health and Safety Manager
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