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Pre Construction Agreement Template for New Zealand

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Key Requirements PROMPT example:

Pre Construction Agreement

"I need a Pre-Construction Agreement for a commercial office development in Auckland, New Zealand, with services commencing January 2025, including specific provisions for BIM implementation and early contractor involvement."

Document background
The Pre-Construction Agreement is a essential document used in New Zealand's construction industry to formalize the relationship between clients and consultants during the crucial planning phase of construction projects. This agreement is typically employed when a project requires detailed planning, feasibility studies, cost estimation, and preliminary design work before proceeding to the main construction phase. The document operates under New Zealand jurisdiction, particularly complying with the Construction Contracts Act 2002 and related legislation. It outlines specific pre-construction services, including but not limited to site analysis, preliminary designs, cost estimates, project planning, and risk assessment. The agreement is fundamental in establishing clear expectations, responsibilities, and deliverables while ensuring all preliminary work adheres to New Zealand building standards and regulations.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, brief project description, and purpose of pre-construction services

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided

5. Consultant's Obligations: Key responsibilities and duties of the consultant during the pre-construction phase

6. Client's Obligations: Responsibilities of the client, including provision of information and access

7. Time and Program: Timeline for pre-construction services, key milestones, and delivery dates

8. Fees and Payment: Pre-construction service fees, payment schedule, and payment terms

9. Variations: Process for varying the scope of pre-construction services

10. Intellectual Property: Ownership and usage rights of documents and designs produced

11. Confidentiality: Protection and handling of confidential information

12. Liability and Insurance: Liability limitations and required insurance coverage

13. Termination: Circumstances and process for terminating the agreement

14. Disputes Resolution: Process for resolving disputes between parties

15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment

Optional Sections

1. Transition to Construction Phase: Include when there's a potential for the consultant to be engaged for the main construction phase

2. Value Management: Include for complex projects requiring cost optimization and value engineering services

3. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation

4. Resource Consent Services: Include when the consultant will assist with resource consent applications

5. Building Information Modeling (BIM): Include when BIM services are part of pre-construction planning

6. Sustainability Requirements: Include when the project has specific environmental or sustainability goals

7. Risk Management: Include for high-risk or complex projects requiring detailed risk assessment

8. Early Contractor Involvement: Include when early contractor engagement is part of the pre-construction strategy

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Program: Detailed timeline and milestone dates for pre-construction services

4. Schedule 4 - Key Personnel: List of key personnel and their roles in providing the services

5. Schedule 5 - Client's Requirements: Detailed project brief and client's specific requirements

6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required

7. Appendix A - Project Brief: Initial project documentation and requirements

8. Appendix B - Form of Reports: Templates or formats for required reports and documentation

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

Commercial Construction

Residential Construction

Infrastructure Development

Industrial Construction

Public Sector Construction

Healthcare Construction

Education Sector Construction

Retail Development

Mixed-Use Development

Relevant Teams

Legal

Commercial

Construction

Project Management

Risk Management

Design

Procurement

Planning

Development

Estimating

Contract Administration

Relevant Roles

Construction Manager

Project Director

Commercial Manager

Contract Administrator

Project Manager

Quantity Surveyor

Construction Consultant

Legal Counsel

Risk Manager

Cost Manager

Design Manager

Planning Manager

Procurement Manager

Development 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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