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Fence Contract for New Zealand

Fence Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for the construction, installation, or replacement of a fence. This document outlines the responsibilities of both the contractor and the property owner, including specifications for materials, workmanship standards, payment terms, and completion timeframes. It incorporates requirements from the New Zealand Fencing Act 1978 and other relevant legislation, addressing aspects such as neighbor rights, council regulations, and building standards. The contract includes provisions for dispute resolution, warranties, and compliance with local building codes and resource consent requirements where applicable.

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What is a Fence Contract?

The Fence Contract is a vital legal document used in New Zealand for establishing clear terms and conditions between property owners and fencing contractors. This agreement becomes necessary when installing, replacing, or significantly modifying boundary fences in residential, commercial, or agricultural properties. The contract ensures compliance with the Fencing Act 1978 and other relevant New Zealand legislation, including the Construction Contracts Act 2002 and local council regulations. It provides comprehensive coverage of essential elements such as scope of work, materials specifications, cost allocation, timeframes, and dispute resolution procedures. The document is particularly important when dealing with shared boundaries, requiring neighbor consultation and agreement. It also addresses modern considerations such as resource consent requirements, heritage preservation, and environmental protection measures where applicable.

What sections should be included in a Fence Contract?

1. Parties: Identification of the contractor and the client, including full legal names, addresses, and contact details

2. Background: Context of the agreement, including property details and general purpose of the fencing work

3. Definitions: Key terms used throughout the contract, ensuring clear interpretation

4. Scope of Work: Detailed description of the fencing work to be undertaken, including length, height, and type of fence

5. Materials and Specifications: Details of materials to be used, quality standards, and specific requirements

6. Price and Payment Terms: Total cost, payment schedule, deposit requirements, and payment methods

7. Timeframes: Start date, completion date, and any staged completion requirements

8. Contractor Obligations: Responsibilities of the contractor including workmanship, safety, and site management

9. Client Obligations: Client responsibilities including site access, utilities information, and neighbor coordination

10. Warranties: Workmanship and materials warranties, duration, and conditions

11. Insurance and Liability: Insurance requirements and liability allocation between parties

12. Termination: Conditions and process for contract termination by either party

13. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures

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

What sections are optional to include in a Fence Contract?

1. Neighbor Consultation: Required when the fence is shared with neighbors and includes process for neighbor approval and cost sharing under the Fencing Act

2. Heritage Requirements: Needed when the property has heritage status or is in a heritage zone with specific requirements

3. Resource Consent: Required when the fence height or design requires special planning permission

4. Easements and Rights of Way: Necessary when the fence affects or is affected by existing easements or rights of way

5. Retaining Walls: Required when the fence includes or is connected to retaining wall structures

6. Landscaping Requirements: Included when the contract includes associated landscaping work

7. Archaeological Considerations: Required for properties in areas of archaeological significance

8. Environmental Protection: Needed when work is near protected trees or environmentally sensitive areas

What schedules should be included in a Fence Contract?

1. Schedule 1: Specifications: Detailed technical specifications including materials, dimensions, and construction methods

2. Schedule 2: Site Plan: Drawings showing fence location, property boundaries, and relevant site features

3. Schedule 3: Design Details: Detailed drawings of fence design, including cross-sections and joining details

4. Schedule 4: Payment Schedule: Breakdown of costs and payment milestones

5. Schedule 5: Project Timeline: Detailed project schedule with key milestones and completion dates

6. Appendix A: Permits and Consents: Copies of relevant building permits and council approvals

7. Appendix B: Neighbor Agreements: Documentation of neighbor consultations and agreements where applicable

8. Appendix C: Material Specifications: Manufacturer specifications and warranty information for materials

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

Construction

Real Estate

Property Development

Property Management

Residential Construction

Commercial Construction

Agriculture

Landscaping

Building and Infrastructure

Local Government

Relevant Teams

Legal

Property Management

Facilities Management

Construction

Project Management

Procurement

Quality Assurance

Operations

Contract Administration

Development

Relevant Roles

Property Manager

Facilities Manager

Construction Manager

Project Manager

Real Estate Developer

Building Inspector

Contract Administrator

Legal Counsel

Construction Supervisor

Site Manager

Procurement Officer

Quality Assurance Manager

Estate Manager

Farm Manager

Development Manager

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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