This Turnkey Contract is designed for use in New Zealand projects where a single contractor takes full responsibility for delivering a complete, operational facility or project. It is particularly suitable for complex projects requiring integrated design and construction services, where the principal desires a single point of responsibility for project delivery. The contract incorporates requirements under key New Zealand legislation, including the Construction Contracts Act 2002, Building Act 2004, and Health and Safety at Work Act 2015. It includes comprehensive provisions for scope, quality standards, risk allocation, and project completion, making it ideal for large-scale infrastructure, industrial, or commercial developments where certainty of outcome is paramount.
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1. Parties: Identification and details of the principal and contractor
2. Background: Context of the project and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Contract Documents: Hierarchy and list of documents forming the complete contract
5. Contractor's Obligations: Complete scope of contractor's responsibilities including design, construction, testing and commissioning
6. Principal's Obligations: Access to site, permits, approvals and other principal responsibilities
7. Time for Completion: Project timeline, completion dates, and delay consequences
8. Contract Price and Payment: Price, payment terms, milestones, and payment procedures
9. Variations: Process for handling changes to scope or specifications
10. Quality and Testing: Quality standards, inspection procedures, and acceptance criteria
11. Defects Liability: Defects correction period and contractor's warranty obligations
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Force Majeure: Definition and consequences of force majeure events
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes
16. General Provisions: Standard legal provisions including notices, governing law, and assignment
1. Technology Transfer: Requirements for technology transfer to principal's personnel, used when specific technical knowledge transfer is required
2. Training: Contractor's obligations for training principal's personnel, included when operation training is needed
3. Environmental Protection: Specific environmental obligations beyond standard requirements, used for environmentally sensitive projects
4. Local Content: Requirements for local subcontracting or sourcing, included when required by law or project specifications
5. Intellectual Property Rights: Specific IP provisions beyond standard terms, used when custom technology or designs are involved
6. Step-in Rights: Principal's right to take over work in specific circumstances, used for critical infrastructure projects
7. Performance Guarantees: Specific performance metrics and related guarantees, used for process or production facilities
8. Commissioning and Testing: Detailed commissioning procedures, used for complex technical installations
1. Schedule 1 - Scope of Works: Detailed description of all works to be performed
2. Schedule 2 - Technical Specifications: Detailed technical requirements and standards
3. Schedule 3 - Project Timeline: Detailed program including milestones and critical path
4. Schedule 4 - Price Schedule: Breakdown of contract price and payment milestones
5. Schedule 5 - Site Information: Site details, access points, and known site conditions
6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Schedule 8 - Key Personnel: List of key personnel from both parties
9. Appendix A - Drawing Register: List of all applicable drawings and revisions
10. Appendix B - Permits and Approvals: List of required permits and party responsible for obtaining them
11. Appendix C - Quality Assurance Requirements: Detailed quality control and assurance procedures
12. Appendix D - HSE Requirements: Health, safety, and environmental requirements
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