The Agreement Between Owner And Electrical Contractor is a crucial document used in New Zealand for establishing a legally binding relationship between property owners and licensed electrical contractors. This agreement is essential when engaging professional electrical services for installations, repairs, or modifications in residential, commercial, or industrial properties. The document ensures compliance with New Zealand's electrical safety regulations, building codes, and construction contract laws, including the Electricity Act 1992 and associated regulations. It provides comprehensive coverage of work specifications, safety requirements, payment terms, and warranty provisions, while protecting both parties' interests through clear allocation of responsibilities and risks. The agreement is structured to accommodate various scales of electrical work, from simple installations to complex electrical systems, making it suitable for both small-scale residential projects and large commercial developments.
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1. Parties: Identifies and provides full details of the Owner and the Electrical Contractor, including business/company details and registration numbers
2. Background: Outlines the context of the agreement, including the Owner's need for electrical services and the Contractor's qualifications and certifications
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Work: Detailed description of the electrical services to be provided, including specific tasks, deliverables, and exclusions
5. Contractor's Obligations: Lists the Contractor's responsibilities, including compliance with regulations, standards, and safety requirements
6. Owner's Obligations: Specifies the Owner's responsibilities, including site access, information provision, and cooperation requirements
7. Payment Terms: Details the contract price, payment schedule, variations process, and payment dispute procedures
8. Timeline: Specifies project commencement, completion dates, and any milestone deadlines
9. Compliance and Standards: References to applicable electrical standards, codes, and regulatory requirements
10. Insurance and Liability: Outlines required insurance coverage and liability limitations
11. Warranties: Details workmanship warranties and manufacturer warranties for materials/equipment
12. Termination: Specifies circumstances and procedures for contract termination by either party
13. Dispute Resolution: Establishes the process for resolving disputes between parties
14. General Provisions: Standard legal clauses including governing law, notices, and assignment rights
1. Safety Management Plan: Required for larger or complex projects requiring specific safety protocols and procedures
2. Variations: Detailed procedure for handling changes to scope, needed when expecting significant modifications
3. Subcontracting: Include when the contractor may need to engage subcontractors
4. Retention: Terms for holding retention money, typically for larger projects
5. Intellectual Property: Required when custom designs or specialized solutions are part of the scope
6. Confidentiality: Include when sensitive information will be shared between parties
7. Force Majeure: Important for longer-term projects or when specific risk allocation is needed
8. Defects Liability Period: For larger installations requiring extended warranty periods
1. Schedule 1: Scope of Works: Detailed technical specifications, drawings, and requirements for the electrical work
2. Schedule 2: Price Schedule: Breakdown of costs, rates, and payment milestones
3. Schedule 3: Program of Works: Detailed timeline and project schedule
4. Schedule 4: Site Information: Specific details about the work site, access points, and existing infrastructure
5. Schedule 5: Special Conditions: Any project-specific requirements or variations to standard terms
6. Appendix A: Required Insurances: Details of insurance types and coverage levels required
7. Appendix B: Safety Requirements: Specific safety procedures and requirements for the project
8. Appendix C: Forms and Certificates: Templates for compliance certificates, variation orders, and completion certificates
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