The Contract For Work To Be Done is a fundamental legal document used in New Zealand when engaging contractors for specific projects or services. It serves as a crucial tool for businesses and individuals who need to formally engage contractors while ensuring compliance with New Zealand's legal framework. This document is particularly important as it clearly defines the scope of work, establishes timelines, outlines payment terms, and allocates risks and responsibilities between the parties. It incorporates essential elements required by New Zealand law, including health and safety obligations, insurance requirements, and dispute resolution mechanisms. The agreement is versatile enough to be used across various industries, from construction and IT to professional services, while providing adequate protection for both the principal and the contractor.
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1. Parties: Identification and details of the Principal (client) and Contractor, including legal names, addresses, and business numbers
2. Background: Context of the agreement, including brief description of the Principal's requirements and Contractor's expertise
3. Definitions: Defined terms used throughout the agreement for clarity and consistency
4. Scope of Work: Detailed description of the work to be performed, deliverables, and expected outcomes
5. Term and Timeline: Duration of the contract, key milestones, and completion dates
6. Payment Terms: Fees, payment schedule, invoicing requirements, and payment methods
7. Contractor's Obligations: Key responsibilities, quality standards, and performance requirements
8. Principal's Obligations: Client responsibilities, including access, information, and approvals
9. Health and Safety: Health and safety requirements and responsibilities under NZ law
10. Insurance and Liability: Required insurance coverage and limitation of liability provisions
11. Intellectual Property: Ownership and rights to work products and pre-existing IP
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination, notice requirements, and consequences
14. Dispute Resolution: Process for resolving disputes, including mediation and jurisdiction
15. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Variations: Process for varying the scope of work - include when the work scope might need flexibility
2. Warranties: Specific warranties for the work - include for specialized or technical work
3. Subcontracting: Terms for engaging subcontractors - include if subcontracting might be needed
4. Performance Security: Requirements for bonds or guarantees - include for high-value contracts
5. Equipment and Materials: Provisions regarding supply and ownership of materials - include for contracts involving significant materials
6. Site Access and Conditions: Terms for accessing work sites - include for on-site work
7. Testing and Acceptance: Procedures for testing and accepting completed work - include for technical deliverables
8. Maintenance Period: Post-completion maintenance obligations - include for work requiring ongoing maintenance
9. Force Majeure: Provisions for unforeseen events - include for longer-term or high-risk contracts
1. Schedule 1: Scope of Work: Detailed specifications, drawings, or requirements for the work
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Program of Work: Detailed timeline, milestones, and delivery dates
4. Schedule 4: Key Personnel: Details of key personnel assigned to the project
5. Schedule 5: Insurance Requirements: Specific insurance types and coverage levels required
6. Appendix A: Site Plans: Relevant site plans or location details if applicable
7. Appendix B: Technical Specifications: Detailed technical requirements and standards
8. Appendix C: Health and Safety Plan: Specific health and safety procedures and requirements
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