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Residential Construction Contract
"I need a Residential Construction Contract for a new build luxury home project in Auckland, with specific provisions for high-end materials and craftmanship, scheduled to commence in March 2025, with an expected completion time of 18 months."
1. Parties: Identification of the contractor and the client, including full legal names, addresses, and contact details
2. Background: Context of the agreement and general purpose of the construction project
3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules for contract interpretation
4. Scope of Works: Detailed description of the construction work to be performed, including specifications and standards
5. Contract Price and Payment: Total contract price, payment schedule, progress payments, and payment terms
6. Timeframes: Project start date, completion date, and any milestone dates
7. Contractor's Obligations: Key responsibilities including workmanship, materials, compliance with laws, and health and safety
8. Client's Obligations: Client responsibilities including site access, approvals, and cooperation
9. Variations: Process for requesting, approving, and charging for changes to the scope of works
10. Insurance and Risk: Required insurance coverage and allocation of risk between parties
11. Warranties and Guarantees: Workmanship warranties, manufacturer guarantees, and statutory guarantees
12. Practical Completion: Definition of practical completion, inspection process, and defects liability period
13. Default and Termination: Events of default, remedies, and termination processes
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Provisional Sums: Include when there are items that cannot be accurately priced at contract signing
2. Prime Cost Items: Include when specific items are to be selected by the client during construction
3. Resource Consent: Include when resource consent requirements apply to the project
4. Subcontracting: Include when subcontractors will be used for significant portions of work
5. Master Build Guarantee: Include if the contractor is a Registered Master Builder offering their guarantee
6. Retention Money: Include when using a retention system for quality assurance
7. Finance and Security: Include when specific financing arrangements or security interests are required
1. Schedule 1: Scope of Works: Detailed specifications, plans, and drawings for the construction work
2. Schedule 2: Contract Price Breakdown: Itemized breakdown of the contract price including materials and labor
3. Schedule 3: Construction Program: Detailed timeline of construction activities and milestones
4. Schedule 4: Approved Plans and Specifications: Council-approved building plans and technical specifications
5. Schedule 5: Special Conditions: Any special terms or conditions specific to this project
6. Appendix A: Building Consent: Copy of the building consent and related documentation
7. Appendix B: Insurance Certificates: Copies of required insurance policies
8. Appendix C: Warranties and Guarantees: Copies of manufacturer warranties and guarantees
Authors
Construction
Real Estate
Residential Property
Building and Development
Home Improvement
Architecture and Design
Property Management
Legal
Operations
Construction
Contract Administration
Risk and Compliance
Project Management
Business Development
Estimating
Quality Assurance
Client Relations
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Building Contractor
Quantity Surveyor
Site Manager
Operations Manager
Compliance Officer
Risk Manager
Construction Lawyer
Business Development Manager
Estimator
General Manager
Director of Construction
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