Building Contracts – Once Size Fits (Not) All

August 31, 2021

in Building & Construction,COVID-19,Property

Got a building project on the go and wondering whether the contract is OK to sign-off or not?

You might be the contractor, or the principal (the site owner, or a contractor engaging a subbie).

A lot of contracts come in a standard form – whether by Standards NZ, Registered Master Builders, or the New Zealand Institute of Architects (and there will be others).

Ultimately the final terms of your contract will be a commercial matter – what you and the other party are each prepared to agree to.

But your starting point is that one size does not fit all. Because they are designed to apply to a broad range of projects the standard forms represent a compromise of interests, and are unlikely to fit your specific circumstances.

With our experience we can help you tailor your contract to suit your project, and your role in it.

That might mean giving you more time for things you are required to do or limiting your exposure to financial liabilities.

You may have obligations to a third party (e.g. as principal, to your bank and/or a conditional purchaser) that must be factored into your construction contract.

Of course, to get to the point of actually having a contract, both/all parties have to sign it.

We can help you both with tailoring the terms of the contract, and negotiating from the draft through to a final version to be signed so you can get on with something.

If you require any advice or further information on the matters dealt with in this publication, please contact the lawyer at Farry Law who normally advises you, or alternatively contact:

Wallace Revell
wrevell@farry.co.nz
09 353 6672

The information contained in this publication is intended as a guide only.  It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry Law does not accept liability for any errors it may contain. 

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