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(a) This contract does not form a partnership or joint venture between the parties.
(b) The New Zealand Consumer Guarantees Act 1993 does not apply to any services provided for the Client’s business purposes.
(c) Any waiver given by either party must be in writing. Unless otherwise expressly stated, a waiver does not limit the parties’ liability.
(d) Neither party can assign their rights or obligations under this contract to another person unless the parties agreed to it in writing.
(e) New Zealand law applies to this contract.
(a) No inconsistency, omission or error in the contract documents invalidates this contract.
(b) Words used in the singular also include the plural, and words used in the plural also include the singular, as the context requires.
(a) Both parties must:
(a) The Quantity Surveyor must:
(b) If it forms part of the services, the Quantity Surveyor may give instructions to a third party engaged by the Client or others. The Quantity Surveyor must not give instruction to vary any work without the Client’s consent.
(c) The Quantity Surveyor must carry out the services with the reasonable skill and care expected of a professional consultant quantity surveyor providing similar services.
(d) The Quantity Surveyor is not responsible for the work of a third party that has been engaged by the Client or others.
(e) If an actual or potential conflict of interest arises, the Quantity Surveyor must inform the Client and any other interested party of the conflict, and encourage the Client to get independent professional advice. The Quantity Surveyor must not act or continue to act for the Client unless the Client provides written instructions and consent that acknowledges the actual or potential conflict.
(f) The Quantity Surveyor must notify the Client if the completion of the services will be delayed. The Quantity Surveyor must take reasonable measures within their control to reduce any delay to the services.
(g) The Quantity Surveyor must report on the progress of the services when reasonably requested by the Client.
(h) The Quantity Surveyor must get the Client’s approval before installing a sign on the project site.
(a) The Client must:
(b) If the Quantity Surveyor’s scope of services includes issuing instructions to a third party engaged by the Client, all instructions must be given through the Quantity Surveyor.
(c) The Quantity Surveyor may request the Client to make decisions about some of the services to be provided by the Quantity Surveyor. The Client must respond to a request within a reasonable time.
(d) The Client must ensure it obtains advice from suitably qualified design consultants or other professionals regarding its design requirements or other professional services that do not form part of the Quantity Surveyor’s services.
(a) All notifications must be in writing, dated, and securely sent to the relevant parties by e-mail or registered post.
(b) The Client must identify a contact person who is authorised to make decisions about the services. The Quantity Surveyor must be notified in writing if the Client’s contact person changes.
(c) The Quantity Surveyor’s contact person is responsible for coordinating the services and all communication with the Client. The Client must be notified in writing if the Quantity Surveyor’s contact person changes.Subcontracting(a) The Quantity Surveyor must not subcontract any of its services under this contract without the Client’s written consent, which must not be unreasonably withheld. The Quantity Surveyor remains fully responsible for any subcontracted services.
(a) The Quantity Surveyor must complete the services outlined in agreement.
(b) The Quantity Surveyor must take reasonable measures within its control to reduce any delay to the services.
(c) Each party must notify the other promptly if the completion of their obligations will be delayed. If the Quantity Surveyor did not cause the delay, the date for completing the services must be extended by agreement between the parties.
(d) The Client may suspend the Quantity Surveyor’s services for up to six months. The Quantity Surveyor must make arrangements to suspend the services and minimise further expenditure. The Quantity Surveyor may provide written notice to terminate the contract if the suspension exceeds six months.
(a) The Quantity Surveyor may invoice the Client once a month for progress payments for services performed to date including the cost of disbursements listed at 4.3, Part 4.
(b) Each invoice must be submitted not later than the 5th of the month after the services are performed. Unless agreed differently, the invoice must be paid on or before the 20th of the month after the services are performed.
(c) If the Quantity Surveyor’s invoice is intended to be a payment claim under the New Zealand Construction Contracts Act, it must state that the invoice is made under the Act and include any information required by the Act.
(d) The Client may assess the Quantity Surveyor’s payment claim and respond with a payment schedule no later than the 15th of the month after the services are performed.
(e) The Client’s payment schedule must:
(f) Late payment of the claimed or scheduled amount entitles the Quantity Surveyor to interest on unpaid undisputed amounts at 2% above the Quantity Surveyor’s overdraft rate and costs incurred by the Quantity Surveyor to recover the debt.
(a) The Client may vary the Quantity Surveyor’s scope of services by giving written notice.
(b) The Quantity Surveyor may notify the Client within 10 working days if it thinks any circumstance gives rise to a variation. The notice must set out:
(c) After receiving a notice under (b), the Client must notify the Quantity Surveyor within 10 days whether or not it considers the circumstance to be a variation.
(d) If a variation by the Client to the Services will result in the Quantity Surveyor incurring additional cost, the Client and Quantity Surveyor must seek to agree on the adjustment to the Quantity Surveyor’s fee and time for completing the services.
(e) The Quantity Surveyor must seek to obtain approval from the Client for any adjustment to the fees before undertaking any variation to the services.We collect personal information from you, including information about your:
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