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Indemnity Agreement (Construction) Template for New Zealand

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Key Requirements PROMPT example:

Indemnity Agreement (Construction)

"I need a Construction Indemnity Agreement for our apartment complex development project starting March 2025, which involves multiple subcontractors and needs specific provisions for work at heights and crane operations, with particular emphasis on health and safety indemnification."

Document background
The Indemnity Agreement (Construction) is a critical risk management tool in New Zealand's construction industry, designed to allocate and manage project-related risks between various stakeholders. This document becomes necessary when parties need to clearly define their risk exposure and protection in construction projects, particularly in complex developments where multiple parties are involved. It operates within New Zealand's legal framework, incorporating requirements from key legislation such as the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The agreement typically includes detailed provisions for insurance requirements, claim procedures, and specific indemnities related to construction activities, ensuring all parties understand their obligations and protections under New Zealand law.
Suggested Sections

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

2. Background: Sets out the context of the agreement, including reference to the main construction contract and the purpose of the indemnity

3. Definitions: Defines key terms used throughout the agreement, including specific construction-related terminology

4. Scope of Indemnity: Details the specific risks, losses, and circumstances covered by the indemnity

5. Duration of Indemnity: Specifies when the indemnity begins and ends, including any survival provisions

6. Insurance Requirements: Outlines mandatory insurance coverage to support the indemnity obligations

7. Claims Process: Establishes procedures for making and responding to indemnity claims

8. Limitations and Exclusions: Specifies what is not covered by the indemnity and any caps on liability

9. Dispute Resolution: Sets out the process for resolving disputes related to the indemnity

10. General Provisions: Contains standard contract clauses including governing law, notices, and amendment procedures

Optional Sections

1. Cross-Indemnification: Used when parties wish to provide reciprocal indemnities to each other

2. Subcontractor Provisions: Include when subcontractors are involved and need to be covered by or excluded from the indemnity

3. Environmental Indemnity: Added when specific environmental risks need to be addressed

4. Intellectual Property Indemnity: Include when construction involves custom designs or proprietary methods

5. Third Party Rights: Used when the indemnity needs to extend to or exclude specific third parties

6. Security Provisions: Include when additional security (bonds, guarantees) is required to support the indemnity

Suggested Schedules

1. Schedule 1 - Identified Risks: Detailed list of specific risks and circumstances covered by the indemnity

2. Schedule 2 - Insurance Requirements: Detailed specifications of required insurance policies, coverage limits, and terms

3. Schedule 3 - Claim Form Template: Standard form for submitting indemnity claims

4. Schedule 4 - Project Details: Specific details of the construction project covered by the indemnity

5. Appendix A - Related Agreements: Copies or references to related construction contracts and agreements

6. Appendix B - Claims Procedures: Detailed procedures and timelines for processing indemnity claims

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

Construction

Engineering

Infrastructure

Real Estate Development

Architecture

Building Materials

Project Management

Construction Insurance

Property Development

Civil Engineering

Relevant Teams

Legal

Risk Management

Project Management

Construction Operations

Commercial

Procurement

Compliance

Health and Safety

Insurance

Claims Management

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Risk Manager

Insurance Manager

Claims Manager

Commercial Manager

Site Manager

Construction Director

Chief Operating Officer

Procurement Manager

Compliance Officer

Health and Safety Manager

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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