The Landscape Contract is a essential legal document used in New Zealand for establishing a formal agreement between landscape contractors and their clients. It is designed for use in both residential and commercial landscaping projects, providing comprehensive coverage of project specifications, terms, and conditions. This document is particularly important in the New Zealand context as it incorporates local regulatory requirements, including health and safety obligations under the Health and Safety at Work Act 2015 and environmental considerations under the Resource Management Act 1991. The contract serves as a crucial tool for protecting both parties' interests, ensuring clear communication of expectations, and providing a structured framework for project execution and dispute resolution. It can be customized for various project scales, from small residential gardens to large commercial developments, while maintaining compliance with New Zealand's legal requirements and industry standards.
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1. Parties: Identification and details of the contractor and client
2. Background: Context of the agreement and general purpose of the landscaping project
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of the landscaping services to be provided
5. Contract Price and Payment Terms: Agreed price, payment schedule, and payment methods
6. Timeline and Completion: Project timeline, milestones, and completion criteria
7. Contractor's Obligations: Key responsibilities and obligations of the landscape contractor
8. Client's Obligations: Key responsibilities and obligations of the client
9. Health and Safety: Health and safety requirements and responsibilities
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Warranties: Warranties for workmanship and materials
12. Termination: Circumstances and process for contract termination
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including governing law
1. Variations: Process for managing changes to the scope of works - include for larger projects
2. Subcontractors: Terms regarding the engagement and management of subcontractors - include when subcontracting is anticipated
3. Materials Supply: Specific terms regarding supply and storage of materials - include for projects where material costs are significant
4. Maintenance Period: Terms for ongoing maintenance after completion - include when maintenance services are part of the agreement
5. Resource Consent: Obligations regarding resource consent - include when consent is required
6. Environmental Management: Environmental protection measures - include for environmentally sensitive projects
7. Site Access and Security: Terms regarding access to and security of the site - include for complex sites or long-term projects
8. Weather Conditions: Provisions for weather-related delays - include for weather-sensitive projects
1. Schedule 1 - Scope of Works: Detailed specifications, plans, and drawings of the landscaping work
2. Schedule 2 - Price Schedule: Detailed breakdown of costs, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule including milestones and completion dates
4. Schedule 4 - Site Plan: Plans showing the work area, access points, and relevant site features
5. Schedule 5 - Materials Specifications: Detailed specifications for all materials to be used
6. Appendix A - Health and Safety Plan: Specific health and safety procedures and requirements
7. Appendix B - Insurance Certificates: Copies of required insurance certificates
8. Appendix C - Warranties: Detailed warranty terms for various aspects of the work
9. Appendix D - Resource Consents: Copies of relevant permits and consents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Property Development
Residential Services
Commercial Property
Public Infrastructure
Hospitality
Education
Healthcare
Retail
Relevant Teams
Legal
Operations
Procurement
Project Management
Property Management
Facilities Management
Contract Administration
Risk Management
Health and Safety
Environmental Compliance
Relevant Roles
Landscape Contractor
Property Manager
Facilities Manager
Project Manager
Contract Administrator
Legal Counsel
Procurement Manager
Operations Manager
Site Supervisor
Business Development Manager
Estimator
Quantity Surveyor
Environmental Compliance Officer
Health and Safety Manager
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