The General Contractor Contract serves as a foundational legal document for construction projects in New Zealand, establishing the terms and conditions between a principal/client and a general contractor. This document is essential for any construction project where a contractor is engaged to perform building works, whether for commercial, residential, or industrial purposes. It incorporates requirements from key New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. The contract provides comprehensive coverage of project specifications, payment terms, timelines, quality standards, and risk allocation, while ensuring proper mechanisms for variations and dispute resolution. It is designed to protect both parties' interests while facilitating efficient project delivery within New Zealand's legal framework.
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1. Parties: Identification of the Principal/Client and the Contractor, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the construction project
3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules for contract interpretation
4. Scope of Works: Detailed description of the construction work to be performed by the Contractor
5. Contract Price and Payment Terms: Agreed price, payment schedule, and payment claim procedures complying with the Construction Contracts Act 2002
6. Time for Completion: Project timeline, completion date, and provisions for extensions of time
7. Contractor's Obligations: Key responsibilities including workmanship, compliance with laws, and site management
8. Principal's Obligations: Client's responsibilities including site access, approvals, and information provision
9. Health and Safety: Safety obligations and procedures complying with the Health and Safety at Work Act 2015
10. Insurance and Liability: Required insurance coverage and liability allocation between parties
11. Variations: Process for requesting, approving, and pricing changes to the scope of works
12. Defects Liability: Defects notification period and contractor's obligations to remedy defects
13. Termination: Grounds and procedures for contract termination by either party
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Performance Security: Requirements for bank guarantees or bonds, used for high-value projects
2. Intellectual Property: IP rights provisions, needed when custom designs or innovative methods are involved
3. Confidentiality: Confidentiality obligations, important for sensitive commercial projects
4. Resource Management: Environmental management requirements for projects with significant environmental impact
5. Subcontracting: Rules for engaging subcontractors, needed when subcontracting is anticipated
6. Liquidated Damages: Pre-agreed damages for delay, useful for time-critical projects
7. Force Majeure: Provisions for unforeseen events, particularly relevant in long-term or complex projects
8. Materials and Equipment: Specific requirements for materials supply and equipment use, needed for specialized construction
9. Quality Assurance: Detailed quality control requirements for projects requiring specific standards
1. Schedule 1 - Project Specifications: Detailed technical specifications, drawings, and project requirements
2. Schedule 2 - Price Schedule: Breakdown of contract price, rates, and payment milestones
3. Schedule 3 - Program of Works: Detailed project timeline, milestones, and completion dates
4. Schedule 4 - Site Information: Site details, access requirements, and existing conditions
5. Schedule 5 - Key Personnel: Details of key staff from both parties involved in the project
6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required
7. Schedule 7 - Health and Safety Requirements: Specific safety procedures and requirements
8. Schedule 8 - Forms and Certificates: Standard forms for variations, completion certificates, and payment claims
9. Appendix A - Drawings: Construction drawings and design documents
10. Appendix B - Special Conditions: Any project-specific conditions or requirements
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