The Owner's Representative Contract is essential for property owners and developers in New Zealand who require professional representation in managing construction or development projects. This document is typically used when an owner needs to delegate project oversight responsibilities while maintaining strategic control. The contract defines the representative's authority to act on behalf of the owner, including making day-to-day decisions, managing contractors, and ensuring project compliance with local regulations. It incorporates specific provisions aligned with New Zealand's Construction Contracts Act 2002, Health and Safety at Work Act 2015, and other relevant legislation, while establishing clear communication protocols and accountability measures.
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1. Parties: Identification of the Owner (Principal) and the Owner's Representative (Agent), including full legal names and contact details
2. Background: Context of the appointment, including project details and purpose of engaging an owner's representative
3. Definitions: Key terms used throughout the agreement, including Project, Services, Principal's Requirements, and Authorized Instructions
4. Appointment and Term: Formal appointment of the representative, duration of the agreement, and any renewal provisions
5. Scope of Authority: Detailed outline of the representative's powers, including specific authorizations and limitations
6. Services and Obligations: Comprehensive list of services to be provided and specific obligations of the representative
7. Owner's Obligations: Responsibilities and obligations of the owner, including provision of information and timely decisions
8. Fees and Payment: Fee structure, payment terms, reimbursable expenses, and invoicing procedures
9. Communication and Reporting: Requirements for project reporting, meetings, and communication protocols
10. Standard of Care: Professional standard expected from the representative and quality assurance requirements
11. Confidentiality: Obligations regarding confidential information and intellectual property
12. Liability and Insurance: Professional liability provisions, insurance requirements, and limitation of liability
13. Termination: Grounds for termination, notice requirements, and consequences of termination
14. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement
1. Delegation of Authority: Include when the representative needs to delegate certain responsibilities to other parties
2. Multiple Projects: Include when the representative will be managing multiple projects for the owner
3. Performance Incentives: Include when the agreement includes performance-based bonuses or incentives
4. International Projects: Include when the representative will be managing projects outside New Zealand
5. Conflict Resolution: Include detailed dispute resolution procedures for high-value or complex projects
6. Special Powers of Attorney: Include when the representative needs specific legal powers to act on owner's behalf
1. Schedule 1: Scope of Services: Detailed breakdown of all services to be provided by the representative
2. Schedule 2: Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3: Project Details: Specific details of the project(s) covered by the agreement
4. Schedule 4: Key Personnel: Details of key team members and their roles
5. Schedule 5: Reporting Requirements: Templates and requirements for various reports
6. Schedule 6: Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Appendix A: Communication Protocols: Detailed procedures for project communications and escalation paths
8. Appendix B: Power of Attorney: If required, formal power of attorney documentation
9. Appendix C: Forms and Templates: Standard forms and templates to be used during the engagement
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