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Subconsultant Agreement Template for New Zealand

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Key Requirements PROMPT example:

Subconsultant Agreement

"I need a Subconsultant Agreement for engaging a specialized software development firm to assist with a government IT infrastructure project starting March 2025, with particular emphasis on data security requirements and intellectual property protection."

Document background
This Subconsultant Agreement is designed for use in the New Zealand business environment where a principal consultant needs to engage specialized professional services providers as subconsultants. The agreement is particularly relevant when a consulting firm has secured a primary contract with a client and needs to bring in additional expertise or resources to fulfill project requirements. It addresses key aspects such as service delivery standards, risk allocation, intellectual property rights, and compliance with New Zealand legislation including the Contract and Commercial Law Act 2017, Health and Safety at Work Act 2015, and relevant industry regulations. The document provides a robust framework for managing the relationship between the principal consultant and subconsultant while ensuring appropriate flow-down of obligations from the primary contract.
Suggested Sections

1. Parties: Identifies and provides full details of the main consultant and subconsultant

2. Background: Explains the context of the agreement, including the main project and the need for subconsultant services

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Appointment and Scope: Formally establishes the subconsultant's appointment and outlines the general scope of services

5. Subconsultant's Obligations: Details the specific duties, responsibilities, and standard of care required from the subconsultant

6. Main Consultant's Obligations: Outlines the main consultant's responsibilities, including provision of information and coordination

7. Fees and Payment: Specifies the fee structure, payment terms, and invoicing requirements

8. Time and Performance: Sets out project timelines, milestones, and performance requirements

9. Intellectual Property: Addresses ownership and usage rights of created materials and pre-existing IP

10. Confidentiality: Details confidentiality obligations and handling of sensitive information

11. Insurance and Liability: Specifies required insurance coverage and liability limitations

12. Termination: Sets out circumstances and procedures for agreement termination

13. General Provisions: Includes standard legal provisions such as notices, assignment, and governing law

Optional Sections

1. Resources and Equipment: Include when the subconsultant needs specific resources or equipment to perform services

2. Health and Safety: Include for projects involving site work or specific safety requirements

3. Quality Assurance: Include when specific quality standards or certifications are required

4. Security Requirements: Include when dealing with sensitive information or secure facilities

5. Force Majeure: Include when specific risk allocation for extraordinary events is needed

6. Dispute Resolution: Include when specific dispute resolution procedures beyond standard court proceedings are desired

7. Non-Compete: Include when restrictions on competing activities are necessary

8. Key Personnel: Include when specific individuals are critical to service delivery

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services to be provided by the subconsultant

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

3. Schedule 3 - Project Program: Timeline, milestones, and delivery dates

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Schedule 6 - Main Contract Excerpts: Relevant provisions from the main contract that flow down to the subconsultant

7. Appendix A - Required Forms: Standard forms for reporting, invoicing, or other administrative requirements

8. Appendix B - Technical Requirements: Specific technical standards or requirements applicable to the services

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








































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Relevant Industries

Engineering

Architecture

Construction

Information Technology

Management Consulting

Environmental Services

Professional Services

Project Management

Urban Planning

Infrastructure Development

Mining and Resources

Healthcare Consulting

Education Services

Relevant Teams

Legal

Procurement

Commercial

Operations

Project Management Office

Risk and Compliance

Business Development

Professional Services

Technical Services

Executive Leadership

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Manager

Procurement Manager

Operations Director

Business Development Manager

Technical Director

Principal Consultant

Managing Director

Risk Manager

Compliance Officer

Professional Services Director

Chief Operating Officer

Partnership Director

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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