The Project Management Contract In (Construction) is a specialized agreement designed for use in the New Zealand construction industry when engaging professional project management services for construction projects. This document is essential when a client requires comprehensive project management expertise to oversee and coordinate complex construction projects, ensuring compliance with New Zealand's building regulations and construction laws. The contract addresses key aspects including scope of services, risk allocation, payment terms under the Construction Contracts Act 2002, and health and safety requirements under the Health and Safety at Work Act 2015. It is particularly relevant for medium to large-scale construction projects where professional project management is critical for successful project delivery and coordination of multiple stakeholders.
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1. Parties: Identification of the Client and Project Manager, including full legal names and addresses
2. Background: Context of the agreement, project overview, and purpose of engaging the Project Manager
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Appointment and Term: Formal appointment of the Project Manager, commencement date, and duration of services
5. Project Manager's Services: Detailed scope of services, including core project management duties and deliverables
6. Client's Obligations: Client's responsibilities, including provision of information and timely decisions
7. Project Parameters: Key project constraints including budget, timeline, and quality requirements
8. Fees and Payment: Fee structure, payment terms, and expenses in compliance with Construction Contracts Act 2002
9. Personnel and Resources: Key personnel commitments, resource allocation, and substitution procedures
10. Health and Safety: Health and safety obligations under NZ legislation and specific project requirements
11. Insurance and Liability: Required insurance coverage and limitation of liability provisions
12. Intellectual Property: Ownership and usage rights of project documentation and materials
13. Confidentiality: Protection and handling of confidential information
14. Dispute Resolution: Process for resolving disputes, including reference to NZ construction adjudication
15. Termination: Grounds and procedures for termination, including consequences and obligations
1. Building Information Modeling (BIM): Include when project requires BIM implementation and management
2. Environmental Management: Include for projects with significant environmental considerations or requirements
3. Stakeholder Management: Include for projects with complex stakeholder relationships or public interface
4. Value Management: Include when specific value management services are required
5. Risk Management: Include detailed risk management provisions for complex or high-risk projects
6. Cultural Heritage: Include for projects involving Māori cultural considerations or heritage sites
7. Quality Assurance: Include when specific quality management systems are required
8. Design Management: Include when Project Manager has design management responsibilities
9. Cost Management: Include detailed cost management provisions for larger projects
10. Procurement Strategy: Include when Project Manager is responsible for procurement strategy and management
1. Schedule 1 - Scope of Services: Detailed breakdown of project management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee breakdown, rates, and payment milestones
3. Schedule 3 - Key Personnel: CVs and responsibilities of key project team members
4. Schedule 4 - Project Program: Project timeline, milestones, and key dates
5. Schedule 5 - Client's Requirements: Detailed client brief and project specifications
6. Schedule 6 - Reports and Documentation: Required reports, frequency, and documentation standards
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
8. Schedule 8 - Health and Safety Requirements: Specific health and safety procedures and requirements
9. Appendix A - Project Management Procedures: Standard procedures and protocols for project management
10. Appendix B - Forms and Templates: Standard forms and templates to be used during the project
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