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Design Build Lump Sum Contract

Design Build Lump Sum Contract Template for New Zealand

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Key Requirements PROMPT example:

Design Build Lump Sum Contract

"I need a Design Build Lump Sum Contract for a commercial office development in Auckland, New Zealand, with construction starting March 2025, that includes specific provisions for green building certification and BIM requirements."

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Document background
The Design Build Lump Sum Contract is a key document used in New Zealand construction projects where a single contractor is responsible for both design and construction under a fixed price arrangement. This contract type is particularly suitable for projects where the principal desires price certainty and single-point responsibility for design and construction delivery. The document incorporates requirements from New Zealand legislation, including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It provides comprehensive coverage of design obligations, construction requirements, payment terms, risk allocation, and dispute resolution procedures, while allowing flexibility to accommodate project-specific requirements. This contract type is commonly used for commercial, industrial, and infrastructure projects in New Zealand where scope can be clearly defined and risks are well understood.
Suggested Sections

1. Parties: Identification of the Principal and the Design-Build Contractor

2. Background: Project context, purpose, and basic understanding between parties

3. Definitions and Interpretation: Defined terms, rules of interpretation, and contract hierarchy

4. Contract Formation and Documents: Contract documents, order of precedence, and entire agreement provisions

5. Design Obligations: Design responsibilities, standards, approvals process, and design documentation requirements

6. Construction Obligations: Construction methodology, standards, workmanship, and completion requirements

7. Time and Programme: Commencement, completion dates, programming requirements, and delay provisions

8. Contract Price and Payment: Lump sum price, payment terms, variations, and payment procedures

9. Site Access and Conditions: Site possession, conditions, and responsibilities

10. Quality and Defects: Quality assurance, testing, defects liability, and warranties

11. Variations: Variation procedures, valuation, and time implications

12. Risk and Insurance: Risk allocation, required insurances, and liability provisions

13. Health and Safety: HSE obligations, site safety requirements, and compliance

14. Suspension and Termination: Rights and procedures for suspension and termination

15. Dispute Resolution: Dispute resolution procedures, mediation, and arbitration

16. General Provisions: Assignment, subcontracting, notices, and governing law

Optional Sections

1. Environmental Requirements: Additional environmental obligations beyond statutory requirements - include if project has specific environmental sensitivities

2. Intellectual Property: Specific IP provisions - include if design has unique elements requiring protection

3. Community Engagement: Community liaison requirements - include for projects in sensitive community areas

4. Maori Cultural Considerations: Cultural requirements and protections - include when working on or near culturally significant sites

5. Interface Management: Management of interfaces with other contractors - include for complex sites with multiple contractors

6. Building Information Modelling: BIM requirements and protocols - include if BIM is required

7. Value Management: Value engineering processes - include for complex projects with cost optimization potential

8. Financing Requirements: Special provisions related to project financing - include if project is externally financed

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, dates, amounts, and contact information

2. Schedule 2 - Scope of Works: Detailed description of design and construction scope

3. Schedule 3 - Principal's Requirements: Technical specifications and performance requirements

4. Schedule 4 - Design Documents: Initial design documents and development requirements

5. Schedule 5 - Programme: Project programme, milestones, and key dates

6. Schedule 6 - Price Schedule: Breakdown of lump sum price and payment schedule

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage

8. Schedule 8 - Site Information: Site details, surveys, and geotechnical information

9. Schedule 9 - Forms of Bonds and Guarantees: Templates for performance bonds and guarantees

10. Schedule 10 - Quality Assurance Requirements: Quality management systems and procedures

11. Appendix A - Resource Consents: Copies of existing consents and consent requirements

12. Appendix B - Building Consent Requirements: Building consent conditions and requirements

13. Appendix C - Health and Safety Requirements: Detailed HSE requirements and procedures

14. Appendix D - As-Built Documentation Requirements: Requirements for completion documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






















































Clauses































Relevant Industries

Commercial Construction

Residential Development

Infrastructure

Industrial Construction

Healthcare Construction

Education Construction

Retail Construction

Hospitality Construction

Sports and Recreation Facilities

Transport Infrastructure

Energy Infrastructure

Water Infrastructure

Relevant Teams

Legal

Commercial

Construction

Design

Project Management

Risk and Compliance

Procurement

Operations

Business Development

Engineering

Finance

Quality Assurance

Relevant Roles

Project Director

Construction Manager

Commercial Manager

Contract Manager

Project Manager

Design Manager

Quantity Surveyor

Risk Manager

Legal Counsel

Commercial Director

Chief Executive Officer

Technical Director

Procurement Manager

Engineering Manager

Operations Director

Development Manager

Construction Director

Head of Design

Principal Engineer

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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