The Construction Retainer Agreement is designed for situations where regular or recurring construction services are required over an extended period. This document, governed by New Zealand law, establishes a framework for ongoing construction work without the need for separate contracts for each project. It incorporates essential elements required by the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The agreement is particularly useful for property developers, facility managers, or organizations requiring regular construction services, providing streamlined engagement processes while ensuring compliance with New Zealand construction regulations. The Construction Retainer Agreement includes provisions for service scope, payment terms, performance standards, and risk allocation, making it suitable for both large-scale construction companies and smaller contractors operating in New Zealand.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Description of construction services covered under the retainer
5. Term and Renewal: Duration of the retainer agreement and renewal provisions
6. Engagement Process: Process for engaging the contractor for specific projects under the retainer
7. Payment Terms: Retainer fee structure, payment schedules, and invoicing procedures
8. Obligations of the Contractor: Contractor's responsibilities, including quality standards and timeframes
9. Client's Obligations: Client's responsibilities, including access, information provision, and approvals
10. Health and Safety: Compliance with Health and Safety at Work Act 2015 and related obligations
11. Insurance and Liability: Required insurance coverage and limitation of liability provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds and process for terminating the retainer agreement
14. Dispute Resolution: Process for resolving disputes between parties
1. Specialized Equipment: Provisions for use and maintenance of specialized construction equipment
2. Multi-site Operations: Additional terms for projects across multiple locations
3. Subcontractor Provisions: Terms governing the engagement and management of subcontractors
4. Environmental Compliance: Specific environmental obligations and sustainability requirements
5. Intellectual Property: Rights and obligations regarding designs, plans, and other IP created during projects
6. Performance Metrics: Specific KPIs and performance measurement criteria
7. Force Majeure: Provisions for handling unforeseen circumstances and natural disasters
1. Schedule 1: Fee Schedule: Detailed breakdown of retainer fees, hourly rates, and additional charges
2. Schedule 2: Service Level Agreement: Specific performance standards and response times
3. Schedule 3: Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
4. Schedule 4: Health and Safety Procedures: Specific health and safety protocols and requirements
5. Schedule 5: Key Personnel: List of key personnel and their roles/responsibilities
6. Appendix A: Standard Operating Procedures: Detailed procedures for common construction tasks
7. Appendix B: Quality Assurance Standards: Specific quality standards and testing requirements
8. Appendix C: Required Forms and Templates: Standard forms for project initiation, reporting, and completion
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