The Subcontractor Framework Agreement is designed for businesses operating in New Zealand that regularly engage subcontractors for various projects or ongoing services. This document type is particularly valuable when a company anticipates multiple engagements with the same subcontractor across different projects, as it eliminates the need to negotiate fresh terms for each engagement. The agreement complies with New Zealand legal requirements, including the Contract and Commercial Law Act 2017, Construction Contracts Act 2002, and Health and Safety at Work Act 2015. It typically includes provisions for work orders, performance standards, payment terms, insurance requirements, and dispute resolution mechanisms, while maintaining flexibility to accommodate project-specific requirements. The framework structure allows for efficient subcontractor management while ensuring consistent terms and risk allocation across all engagements.
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1. Parties: Identification and details of the main contractor and subcontractor, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and general purpose of the framework agreement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpreting the agreement
4. Appointment and Scope: Terms of appointment, nature of relationship, and general scope of services to be provided
5. Term and Termination: Duration of the framework agreement, renewal provisions, and circumstances for termination
6. Work Orders and Project Assignment: Process for issuing work orders, accepting assignments, and project-specific requirements
7. Subcontractor Obligations: Key responsibilities, performance standards, and compliance requirements
8. Main Contractor Obligations: Responsibilities of the main contractor, including provision of information and access
9. Payment Terms: Pricing structure, payment process, invoicing requirements, and payment timeframes
10. Health and Safety: Health and safety requirements, compliance with regulations, and reporting obligations
11. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Intellectual Property: Ownership and usage rights of intellectual property created during the engagement
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Performance Bonds: Requirements for performance bonds or guarantees, used when additional security is needed
2. Equipment and Materials: Provisions regarding supply and maintenance of equipment, used when subcontractor provides significant equipment
3. Environmental Compliance: Environmental protection requirements, used for projects with environmental impacts
4. Quality Assurance: Specific quality control requirements, used for projects requiring formal quality management
5. Personnel Requirements: Specific staffing requirements and qualifications, used when particular expertise is needed
6. Site Access and Security: Site-specific access and security requirements, used for sensitive or restricted locations
7. Force Majeure: Provisions for unforeseen circumstances, used when project is susceptible to external disruptions
8. International Trade: International trade compliance, used when work involves cross-border elements
9. Data Protection: Specific data protection requirements, used when handling sensitive personal or commercial data
1. Schedule 1 - Fee Schedule: Detailed pricing structure, rates, and payment terms
2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements
3. Schedule 3 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
4. Schedule 4 - Health and Safety Standards: Detailed health and safety requirements and procedures
5. Schedule 5 - Form of Work Order: Template for individual work orders under the framework
6. Schedule 6 - Key Personnel: List of key personnel and their qualifications
7. Schedule 7 - Compliance Requirements: Detailed regulatory and compliance requirements
8. Appendix A - Technical Specifications: Standard technical requirements and specifications
9. Appendix B - Required Forms: Standard forms for reporting, requests, and notifications
10. Appendix C - Site Rules: Standard site rules and procedures
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