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Indemnification Agreement (Construction)

Indemnification Agreement (Construction) Template for New Zealand

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Key Requirements PROMPT example:

Indemnification Agreement (Construction)

"I need a Construction Indemnification Agreement for a large-scale commercial building project in Auckland, New Zealand, where my company is the main contractor and we need to indemnify the property developer against all construction-related risks, including potential defects and third-party claims."

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Document background
The Construction Indemnification Agreement (Construction) is a crucial risk management tool in New Zealand's construction industry, designed to protect parties against potential losses, damages, and claims arising from construction activities. This document is typically used when parties need to clearly define risk allocation and liability protection in construction projects, whether commercial, residential, or infrastructure-related. The agreement must comply with New Zealand's legal framework, including the Construction Contracts Act 2002, Health and Safety at Work Act 2015, and other relevant legislation. It includes detailed provisions for claim procedures, insurance requirements, and dispute resolution mechanisms, tailored to meet specific project requirements while ensuring enforceability under New Zealand law.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the indemnitor and indemnitee

2. Background: Sets out the context of the agreement, including reference to the main construction contract and the reason for the indemnification arrangement

3. Definitions: Defines key terms used throughout the agreement, including specific construction-related terms and scope of indemnified events

4. Scope of Indemnification: Clearly defines what losses, damages, and claims are covered by the indemnification

5. Indemnification Obligations: Details the specific obligations of the indemnifying party, including timing and extent of coverage

6. Exclusions: Specifies what events, losses, or circumstances are explicitly excluded from the indemnification

7. Notice Requirements: Sets out the procedure for notifying relevant parties when an indemnified event occurs

8. Claims Procedure: Details the process for making and handling indemnification claims

9. Insurance Requirements: Specifies required insurance coverage related to the indemnification obligations

10. Duration: Establishes the term of the indemnification agreement and any survival provisions

11. Dispute Resolution: Outlines the process for resolving disputes related to the indemnification

12. General Provisions: Standard contract clauses including governing law, amendments, notices, and severability

Optional Sections

1. Third Party Claims: Specific procedures for handling claims involving third parties - include when third party claims are likely

2. Cross-Indemnification: Mutual indemnification provisions - include when both parties are providing indemnification

3. Environmental Indemnification: Specific provisions for environmental risks - include for projects with environmental concerns

4. Intellectual Property Indemnification: Provisions covering IP-related claims - include when design or technology elements are involved

5. Subcontractor Provisions: Requirements for subcontractor indemnification - include when subcontracting is permitted

6. Security Provisions: Requirements for bonds or other security - include for high-value or high-risk projects

7. Step-In Rights: Rights to take over work or rectify issues - include for critical project components

Suggested Schedules

1. Schedule 1 - Indemnified Parties: Complete list of all parties covered by the indemnification, including related entities

2. Schedule 2 - Scope of Works: Detailed description of the construction works covered by the indemnification

3. Schedule 3 - Insurance Requirements: Detailed insurance specifications including types, amounts, and special requirements

4. Schedule 4 - Claim Form Template: Standard form for making indemnification claims

5. Appendix A - Main Construction Contract: Copy or relevant excerpts of the main construction contract

6. Appendix B - Risk Assessment: Assessment of key risks and corresponding indemnification coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions










































Clauses



































Relevant Industries

Commercial Construction

Residential Construction

Infrastructure Development

Industrial Construction

Property Development

Engineering Services

Architecture and Design

Construction Management

Real Estate Development

Government Construction Projects

Relevant Teams

Legal

Risk Management

Operations

Construction

Commercial

Procurement

Compliance

Executive Leadership

Insurance

Project Management

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Risk Manager

Insurance Manager

Commercial Director

Operations Director

Chief Executive Officer

Construction Site Manager

Quantity Surveyor

Procurement Manager

Compliance Officer

Project Director

General Counsel

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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