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Agreement Between Architect And Contractor for New Zealand

Agreement Between Architect And Contractor Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the professional relationship and operational framework between an architect and a contractor. The document outlines their respective roles, responsibilities, and obligations in construction projects, incorporating requirements from the Building Act 2004, Construction Contracts Act 2002, and other relevant New Zealand legislation. It addresses key aspects including scope of services, project delivery requirements, payment terms, intellectual property rights, risk allocation, and dispute resolution procedures, while ensuring compliance with New Zealand construction industry standards and practices.

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What is a Agreement Between Architect And Contractor?

The Agreement Between Architect And Contractor is a crucial document used in New Zealand construction projects to establish clear working relationships between architectural professionals and construction contractors. It's particularly relevant when direct collaboration is required between these parties, especially in design-build projects or when coordinated design and construction services are essential. The agreement incorporates New Zealand-specific requirements from relevant legislation including the Building Act 2004, Construction Contracts Act 2002, and Registered Architects Act 2005. This document typically includes detailed provisions for project coordination, design implementation, construction methodologies, quality control, and risk management, while ensuring compliance with local building codes and industry standards. It's designed to prevent miscommunication and clearly delineate responsibilities while protecting both parties' interests under New Zealand law.

What sections should be included in a Agreement Between Architect And Contractor?

1. Parties: Identification and details of the Architect and Contractor, including their legal status and registered addresses

2. Background: Context of the agreement, including project overview and the basis for the collaboration

3. Definitions: Defined terms used throughout the agreement

4. Scope of Services: Detailed outline of both parties' roles, responsibilities, and services to be provided

5. Project Details: Specific information about the project, including location, type, and basic parameters

6. Duration and Program: Timeline, key milestones, and project phases

7. Fees and Payment: Payment terms, fee structure, and invoicing procedures

8. Communication and Reporting: Protocols for project communication, meetings, and reporting requirements

9. Intellectual Property: Ownership and usage rights of designs, documents, and other project materials

10. Insurance and Liability: Insurance requirements and liability limitations for both parties

11. Termination: Conditions and procedures for ending the agreement

12. Dispute Resolution: Process for handling disagreements and conflicts

13. General Provisions: Standard legal clauses including governing law, notices, and assignment

What sections are optional to include in a Agreement Between Architect And Contractor?

1. Value Engineering: Procedures for cost optimization and alternative design solutions, used when project budget constraints are significant

2. Sustainable Design Requirements: Specific sustainability goals and requirements, included when the project has environmental certification targets

3. BIM Protocol: Building Information Modeling requirements and protocols, used when BIM is part of the project delivery method

4. Quality Assurance: Specific quality control procedures and standards, included for complex projects or those with special quality requirements

5. Cultural Considerations: Specific provisions for projects involving Māori cultural elements or heritage sites

6. Risk Management: Detailed risk allocation and management procedures, used for high-risk or complex projects

7. Confidentiality: Additional confidentiality requirements, included for sensitive projects

8. Force Majeure: Specific provisions for unforeseen circumstances, particularly relevant in long-term or high-value projects

What schedules should be included in a Agreement Between Architect And Contractor?

1. Schedule 1: Scope of Services Matrix: Detailed breakdown of responsibilities between Architect and Contractor

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, payment milestones, and rates

3. Schedule 3: Project Program: Detailed project timeline, milestones, and deadlines

4. Schedule 4: Key Personnel: List of key team members from both parties and their roles

5. Schedule 5: Insurance Requirements: Specific insurance types and coverage amounts required

6. Appendix A: Project Brief: Detailed project requirements and specifications

7. Appendix B: Design Documents: Current design documents and drawings

8. Appendix C: Quality Management Plan: Detailed quality assurance and control procedures

9. Appendix D: Communication Protocols: Detailed procedures for project communications and reporting

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions













































Clauses



































Relevant Industries

Commercial Construction

Residential Development

Industrial Construction

Infrastructure Development

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Cultural and Heritage Buildings

Mixed-Use Development

Relevant Teams

Legal

Construction

Architecture

Project Management

Commercial

Operations

Procurement

Quality Assurance

Risk Management

Technical Services

Contract Administration

Relevant Roles

Project Architect

Construction Manager

Contract Administrator

Project Manager

Site Supervisor

Design Manager

Commercial Manager

Quality Control Manager

Construction Director

Technical Director

Legal Counsel

Risk Manager

Procurement Manager

Chief Architect

Operations 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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