In New Zealand, consultants will often present a number of industry standard concepts and say, „This is not negotiable“ — or words to that effect. These agreements are often signed even before a lawyer is involved. This contrasts with the situation abroad, where advisory agreements are often developed for certain projects in order to deal with the unique circumstances of an individual situation. In general, standard form advisory agreements are developed by organizations that seek their membership base. For example, the Institute of Professional Engineers of New Zealand and the New Zealand Institute of Architects. These documents need to be thoroughly reviewed and exclusions and restrictions must be thoroughly analyzed to verify what they say, for example. B that liability limits are not underestimated. Other practical points to be addressed in a consulting agreement are (very briefly): some of the central points to be considered when considering a consulting contract are: Construction Contracts Act: as of September 1, 2016, the definition of „works“ has been broadened and applies to many consulting contracts, such as design, engineering and quantity measurement. This means that certain provisions are included in the advisory agreements, such as the late payment provisions.B. The standard consultancy agreement was designed to allow the use of a common contract form for public sector construction consulting services for the following disciplines: each construction or construction project will involve a certain number of people to succeed. This could include architects, engineers, surveyors, contractors and landscapers. It is important to get an early commitment to a project, and this will usually be done in the form of a consulting agreement. The legal regime could be directly between the person who wants to develop the project, or they could appoint someone who will then work with the various advisors.
These advisors will be responsible for the client`s obligations, which is why the advisory agreement is essential, as these obligations are defined primarily (but not exclusively) (the tasks are also derived from the statue and the common law). Standard of care: The standard of care in the consulting contract is generally based on market practice. The contractual terms for 2009 consulting services (published by the Institute of Professional Engineers New Zealand Inc. 2009) are an example: project award involves the signing of individual contracts between the Government Procuring Entity (GPE) and the consultant/consortium of each discipline.