The Minor Works Agreement is specifically designed for construction projects in New Zealand where the scope and complexity are relatively straightforward, typically involving projects with values below a certain threshold or with limited technical complexity. This document is commonly used for renovations, alterations, and small-scale construction works where a full standard construction contract would be overly complex. The agreement incorporates requirements from key New Zealand legislation including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015, while maintaining a practical and accessible format. It provides essential provisions for project execution, payment processes, and risk allocation, making it suitable for both commercial and residential projects where a balanced and legally compliant approach is needed without the complexity of larger construction contracts.
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1. Parties: Identifies and defines the parties to the agreement - the Principal (client) and the Contractor
2. Background: Brief context of the agreement and purpose of the minor works
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Works: Detailed description of the works to be performed by the Contractor
5. Contract Price and Payment: Specifies the agreed price and payment terms, including progress payments if applicable
6. Time for Completion: Specified completion date and any milestone dates
7. Contractor's Obligations: Key responsibilities including workmanship, materials, and compliance with laws
8. Principal's Obligations: Key responsibilities including site access, information provision, and permits
9. Variations: Process for handling changes to the scope of works
10. Defects Liability: Contractor's obligations regarding defects and the defects liability period
11. Insurance and Liability: Required insurance coverage and liability limitations
12. Termination: Circumstances and process for termination of the agreement
13. Dispute Resolution: Process for resolving disputes between the parties
14. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Health and Safety: Detailed health and safety requirements - recommended for higher risk works
2. Resource Consent: Include when specific resource consents are required for the works
3. Subcontracting: Include when subcontractors may be used in the works
4. Site Conditions: Include for works where site conditions may impact performance
5. Provisional Sums: Include when certain costs cannot be determined at contract signing
6. Bond Requirements: Include when performance or payment bonds are required
7. Environmental Management: Include for works with environmental impacts or requirements
1. Schedule 1: Scope of Works: Detailed description of works including specifications and drawings
2. Schedule 2: Contract Price Breakdown: Itemized breakdown of the contract price
3. Schedule 3: Program of Works: Timeline and key milestones for the works
4. Schedule 4: Site Information: Details about the work site and access arrangements
5. Schedule 5: Insurance Requirements: Specific insurance types and coverage amounts required
6. Appendix A: Technical Specifications: Detailed technical requirements and standards
7. Appendix B: Drawings: Relevant drawings and plans for the works
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