The Project Delivery Agreement is a crucial document used in New Zealand business environments where a structured approach to project execution is required. It serves as the primary contract between a principal/client and a contractor for delivering specific project outcomes, whether in construction, technology, or other sectors. This agreement type is particularly relevant when projects involve significant scope, complex deliverables, or substantial financial commitment. The document incorporates essential elements required by New Zealand law, including compliance with the Contract and Commercial Law Act 2017 and industry-specific legislation. It provides comprehensive coverage of project parameters, risk allocation, quality standards, and dispute resolution mechanisms while maintaining flexibility to accommodate various project types and complexity levels.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including project overview
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Project Scope: Detailed description of the project deliverables, objectives, and requirements
5. Term and Timelines: Duration of the agreement and key project milestones
6. Payment Terms: Pricing, payment schedule, invoicing requirements, and payment conditions
7. Obligations and Responsibilities: Detailed responsibilities of each party in project delivery
8. Project Management: Project governance structure, reporting requirements, and communication protocols
9. Change Management: Process for requesting, approving, and implementing project changes
10. Risk Allocation: Assignment of risks between parties and risk management procedures
11. Quality Management: Quality standards, testing requirements, and acceptance criteria
12. Intellectual Property: Ownership and usage rights of project-related IP
13. Confidentiality: Protection and handling of confidential information
14. Liability and Indemnities: Limits of liability and indemnification obligations
15. Insurance: Required insurance coverage and minimum limits
16. Default and Termination: Events of default, remedies, and termination provisions
17. Dispute Resolution: Process for resolving disputes between parties
18. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Health and Safety: Detailed health and safety requirements when project involves physical works or site access
2. Environmental Management: Environmental obligations and compliance requirements for projects with environmental impacts
3. Security Requirements: Security provisions for projects involving sensitive information or facilities
4. Subcontracting: Rules and conditions for engaging subcontractors when subcontracting is permitted
5. Force Majeure: Provisions for handling unforeseen events that prevent performance
6. Training and Knowledge Transfer: Requirements for training client staff or knowledge transfer in technology projects
7. Transition and Handover: Process for transitioning services or deliverables at project completion
8. Warranties: Additional warranties beyond standard requirements for specific project needs
9. Performance Guarantees: Specific performance guarantees and associated remedies for complex projects
10. Business Continuity: Business continuity requirements for critical service delivery projects
1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements for project deliverables
2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of pricing, payment milestones, and rates
3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and delivery dates
4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles
5. Schedule 5 - Service Levels: Performance metrics and service level requirements
6. Schedule 6 - Acceptance Testing: Testing procedures and acceptance criteria
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors and their scope
8. Schedule 8 - Forms and Templates: Standard forms for project management, including change requests
9. Appendix A - Technical Documentation: Supporting technical documents and specifications
10. Appendix B - Insurance Certificates: Copies of required insurance certificates
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