The New Construction Home Contract is a essential legal document used in New Zealand's residential construction industry when a builder or construction company agrees to construct a new home for a client. This contract type is specifically designed to comply with New Zealand's building regulations and construction law requirements, including the Building Act 2004 and Construction Contracts Act 2002. It provides a comprehensive framework covering all aspects of the construction process, from initial planning through to completion and warranty periods. The document includes detailed specifications, payment schedules, timeframes, and quality standards, while incorporating mandatory consumer protection provisions required under New Zealand law. This contract is particularly important as it protects both parties' interests during what is typically one of the largest financial investments a homeowner will make.
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1. Parties: Identification of the homeowner/client and the building contractor, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the project and confirmation of builder's qualifications and licenses
3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules for interpreting the agreement
4. Scope of Works: Detailed description of the construction work to be performed, including specifications and standards
5. Contract Price and Payment Terms: Total contract price, payment schedule, progress payments, and payment procedures
6. Timeframes: Expected start and completion dates, project milestones, and provisions for extensions of time
7. Builder's Obligations: Comprehensive list of builder's responsibilities, including compliance with building codes and standards
8. Client's Obligations: Client's responsibilities including site access, approvals, and decision-making timeframes
9. Consents and Approvals: Requirements for building consents, resource consents, and other necessary approvals
10. Variations: Process for requesting, approving, and charging for variations to the original scope
11. Materials and Workmanship: Standards for materials and workmanship, including compliance with Building Code
12. Insurance and Risk: Required insurance coverage and allocation of risk during construction
13. Warranties: Builder's warranties and guarantees, including statutory warranties under NZ law
14. Practical Completion: Definition of practical completion, inspection procedures, and handover requirements
15. Defects Liability: Defects liability period, process for identifying and remedying defects
16. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration processes
17. Termination: Grounds and procedures for contract termination by either party
18. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Site Access and Conditions: Specific arrangements for site access and management - used when site has unusual access requirements or restrictions
2. Provisional Sums: Estimates for uncertain aspects of the work - used when exact costs cannot be determined at contract signing
3. Prime Cost Items: Items to be selected by the client during construction - used when specific fixtures/fittings aren't yet chosen
4. Subcontractors: Provisions relating to subcontractors - used when significant portions of work will be subcontracted
5. Resource Management Requirements: Special environmental or planning requirements - used when project has specific resource consent conditions
6. Staged Completion: Provisions for completing and handing over the work in stages - used for larger projects
7. Client Supply Items: Provisions for items supplied by the client - used when client is providing any materials or fixtures
8. Excavation and Groundwork Contingencies: Special provisions for ground conditions - used when site has known or potential ground issues
1. Schedule 1: Plans and Specifications: Detailed architectural plans, engineering drawings, and specifications
2. Schedule 2: Contract Price Breakdown: Itemized breakdown of the contract price including labor and materials
3. Schedule 3: Progress Payment Schedule: Detailed schedule of progress payments linked to construction milestones
4. Schedule 4: Construction Program: Detailed timeline of construction activities and milestones
5. Schedule 5: Prime Cost Items Schedule: List of items to be selected by the client with provisional allowances
6. Schedule 6: Provisional Sums Schedule: List of work elements with estimated costs pending final determination
7. Schedule 7: Warranties and Guarantees: Copies of manufacturer warranties and builder guarantees
8. Appendix A: Building Consent Documentation: Copies of building consent and related documentation
9. Appendix B: Insurance Certificates: Copies of required insurance policies
10. Appendix C: Site Safety Plan: Health and safety procedures and requirements for the site
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