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Design And Build Agreement

Design And Build Agreement Template for New Zealand

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Key Requirements PROMPT example:

Design And Build Agreement

"I need a Design and Build Agreement for a commercial data center project in Auckland, New Zealand, with specific provisions for technical specifications and staged completion requirements, targeting construction commencement in March 2025."

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Document background
The Design And Build Agreement is a specialized contract used in New Zealand construction projects where a single contractor takes responsibility for both design and construction aspects. This approach differs from traditional construction contracts where design and build functions are separated. The agreement is particularly suitable for projects where the principal wants a single point of responsibility and integrated project delivery. It includes comprehensive provisions covering design development, construction methodology, quality standards, risk allocation, and payment mechanisms, all aligned with New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and related regulations. The document is structured to provide clarity on responsibilities, manage risk effectively, and ensure compliance with local building codes and standards. It's commonly used for commercial, industrial, and large-scale residential projects where design and construction coordination is crucial for project success.
Suggested Sections

1. Parties: Identification of the Principal/Employer and the Design-Build Contractor, including their legal details and addresses

2. Background: Context of the agreement, project overview, and key preliminary matters

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Contract Documents: Hierarchy and list of documents forming part of the contract

5. Contractor's Obligations: Core obligations including design, construction, completion, and defects rectification

6. Principal's Obligations: Key responsibilities including site access, approvals, and payment obligations

7. Design Development: Process for design development, approval, and modification

8. Construction Works: Requirements for carrying out construction, including quality, materials, and workmanship

9. Time and Progress: Project timeline, milestones, extensions of time, and delay provisions

10. Contract Price and Payment: Price structure, payment terms, variations, and payment procedures

11. Variations: Process for handling changes to design or construction works

12. Risk and Insurance: Risk allocation and required insurance coverage

13. Defects Liability: Defects identification, rectification process, and warranty obligations

14. Completion: Requirements for practical completion and final completion

15. Default and Termination: Events of default, termination rights, and consequences

16. Dispute Resolution: Process for resolving disputes between parties

17. General Provisions: Standard contractual provisions including notices, assignment, and governing law

Optional Sections

1. Performance Security: Requirements for bonds or guarantees - include for high-value projects

2. Building Information Modeling (BIM): BIM requirements and protocols - include when BIM is being utilized

3. Environmental Requirements: Specific environmental obligations - include for projects with significant environmental impact

4. Community Engagement: Requirements for community consultation - include for public or sensitive projects

5. Value Engineering: Process for cost optimization - include for complex or high-value projects

6. Intellectual Property: Special IP provisions - include when unique designs or innovations are involved

7. Archaeological Findings: Procedures for handling discoveries - include for sites with potential archaeological significance

8. Apprenticeship/Training: Requirements for training programs - include for public sector or large projects

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project information, contacts, and specific requirements

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

3. Schedule 3 - Program: Detailed project timeline and milestones

4. Schedule 4 - Payment Schedule: Payment amounts, timing, and mechanisms

5. Schedule 5 - Site Information: Site details, conditions, and access requirements

6. Schedule 6 - Design Requirements: Detailed design specifications and requirements

7. Schedule 7 - Principal's Requirements: Technical specifications and performance requirements

8. Schedule 8 - Forms of Certificates: Template certificates for completion and compliance

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications

10. Appendix A - Plans and Drawings: Initial design drawings and site plans

11. Appendix B - Specifications: Technical specifications for materials and workmanship

12. Appendix C - Resource Consents: Copies of obtained consents and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 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

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Development

Residential Development

Education (for school/university buildings)

Healthcare (for medical facilities)

Retail Development

Hospitality

Public Sector Construction

Transportation Infrastructure

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk Management

Project Management

Design

Finance

Compliance

Business Development

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Commercial Director

Development Manager

Chief Executive Officer

Operations Director

Procurement Manager

Risk Manager

Construction Director

Design Manager

Quantity Surveyor

Project Engineer

Architect

Site Manager

General Counsel

Finance Director

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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