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Design Agreement For (Construction) Template for New Zealand

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Key Requirements PROMPT example:

Design Agreement For (Construction)

"I need a Design Agreement for Construction to engage an architectural firm for a 15-story commercial building in Auckland, with specific provisions for green building certification and BIM implementation, planned to commence in March 2025."

Document background
The Design Agreement For (Construction) is a specialized contract used in New Zealand's construction industry to formalize the relationship between design professionals and their clients for construction projects. This agreement is essential when engaging architects, engineers, or design consultants to provide professional design services for construction projects of any scale. The document ensures compliance with New Zealand's Building Act 2004, Construction Contracts Act 2002, and other relevant legislation while protecting both parties' interests. It typically includes detailed provisions for scope of services, design deliverables, professional standards, fee structures, intellectual property rights, and risk allocation. The agreement is particularly important in the current construction environment where design liability and professional obligations require careful definition and management.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties - the design consultant and the client

2. Background: Sets out the context of the agreement, including project overview and parties' intentions

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

4. Appointment and Scope of Services: Details the formal appointment and comprehensive scope of design services to be provided

5. Consultant's Obligations: Specifies the designer's duties, responsibilities, and standard of care

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

7. Time for Performance: Establishes project timeline, milestones, and delivery dates

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Variations: Procedures for managing changes to the scope of services

10. Intellectual Property: Addresses ownership and usage rights of design documents and materials

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

12. Termination: Sets out circumstances and procedures for ending the agreement

13. Disputes Resolution: Establishes procedures for handling disputes between parties

14. General Provisions: Contains standard legal clauses including notices, governing law, and assignment

Optional Sections

1. Building Information Modeling (BIM): Include when the project requires BIM implementation, specifying protocols and responsibilities

2. Subconsultants: Include when the designer will engage subconsultants, establishing approval processes and responsibilities

3. Value Management: Include for larger projects requiring formal value management processes

4. Environmental Requirements: Include when the project has specific environmental or sustainability requirements

5. Quality Assurance: Include for complex projects requiring specific quality management systems

6. Cost Control: Include when the designer has specific cost management responsibilities

7. Copyright License: Include when specific licensing arrangements for design use are required

8. Confidentiality: Include when dealing with sensitive information or innovative designs

9. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all design services, deliverables, and exclusions

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

3. Schedule 3 - Project Program: Detailed timeline, key dates, and delivery milestones

4. Schedule 4 - Client's Requirements: Detailed client brief and specific project requirements

5. Schedule 5 - Key Personnel: Details of key team members and their roles

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

7. Appendix A - Design Documentation: Format and requirements for design deliverables

8. Appendix B - Quality Management Plan: Quality assurance procedures and requirements

9. Appendix C - Communication Protocols: Procedures for project communications and reporting

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 Development

Infrastructure

Industrial Construction

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Mixed-Use Development

Relevant Teams

Legal

Commercial

Project Management

Design

Engineering

Construction

Contract Administration

Risk Management

Technical Services

Business Development

Relevant Roles

Project Manager

Contract Administrator

Design Manager

Construction Manager

Architect

Structural Engineer

Mechanical Engineer

Electrical Engineer

Quantity Surveyor

Legal Counsel

Commercial Manager

Development Manager

Technical Director

Chief Engineer

Design Coordinator

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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