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Construction Contract

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THIS CONSTRUCTION CONTRACT (the "Contract") is dated this ________ day of ________________, ________.


(the "Client")


(the "Contractor")
  2. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  3. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • _______________________________________________________________

  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. Term of Contract
  5. The term of this Contract (the "Term") will begin on the date of this Contract and will remain in full force and effect indefinitely until terminated as provided in this Contract.
  6. Performance
  7. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
  8. Currency
  9. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in NZD (New Zealand Dollars).
  10. Payment
  11. The Contractor will charge the Client a flat fee of $__________ for the Services (the "Payment").
  12. The Client will be invoiced when the Services are complete.
  13. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.
  14. In the event that this Contract is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.
  15. The Payment as stated in this Contract does not include GST, or other applicable duties as may be required by law. Any GST and duties required by law will be charged to the Client in addition to the Payment.
  16. Reimbursement of Expenses
  17. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
  18. All expenses must be pre-approved by the Client.
  19. Confidentiality
  20. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  21. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
  22. All written and oral information and material disclosed or provided by the Client to the Contractor under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Contractor.
  23. Ownership of Intellectual Property
  24. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Contract, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  25. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  26. Return of Property
  27. Upon the expiry or termination of this Contract, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  28. Capacity/Independent Contractor
  29. In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
  30. Right of Substitution
  31. Except as otherwise provided in this Contract, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Contract and the Client will not hire or engage any third parties to assist with the provision of the Services.
  32. In the event that the Contractor hires a sub-contractor:
    • the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
    • for the purposes of the indemnification clause of this Contract, the sub-contractor is an agent of the Contractor.
  33. Autonomy
  34. Except as otherwise provided in this Contract, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Contract. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
  35. Equipment
  36. Except as otherwise provided in this Contract, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
  37. No Exclusivity
  38. The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
  39. Notice
  40. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
    2. ______________________

    or to such other address as either Party may from time to time notify the other.

  41. Indemnification
  42. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
  43. Modification of Contract
  44. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
  45. Time of the Essence
  46. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  47. Assignment
  48. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
  49. Entire Agreement
  50. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  51. Enurement
  52. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  53. Titles/Headings
  54. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  55. Gender
  56. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  57. Governing Law
  58. This Contract will be governed by and construed in accordance with the laws of New Zealand.
  59. Severability
  60. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
  61. Waiver
  62. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

______________________ (Client)
______________________ (Contractor)
Construction Contract Page of

Service Agreement Information

A Service Agreement is also known as a:

  • General service contract
  • Service-level agreement
  • Contract for services
  • Professional services agreement

What is a Service Agreement?

A written Service Agreement is a contract that defines the terms and conditions of a working arrangement between a contractor and their client. This type of contract outlines a service that a contractor provides to a client in exchange for payment.

If you are a contractor who provides services, use a Service Agreement to clearly define the service and pricing terms to your client. As a client, if your contractor doesn’t initiate a written agreement, you can create one to prevent future disagreements and ensure accountability.

You can use a Service Agreement for a single project, a job that ends on a specific date, or work that is ongoing.

Who are the parties to a Service Agreement?

Within a Service Agreement, there’s a contractor and a client. The contractor (also known as the service provider) provides a service for the client, who pays the contractor for their work. Either party can be an individual or an organisation. Also, the client might be two or more people, such as a married couple. Similarly, the contractor could be two or more partners who all sign the agreement.

What is a contractor?

A contractor is a skilled person (or organisation) who provides services for other parties. Often, individual contractors are self-employed and run their own business. Generally, contractors don’t have employment protections because labour laws don’t apply to independent contractors.

If an organisation hires a contractor, they hire the contractor as an external worker, rather than internal staff, for a set time (or project). For example, a company may hire a freelance accountant rather than employing one to work in-house.

Outsourcing work to professional contractors with specific skills is very common and allows clients to access the exact services they need without hiring new staff. Contractors can come from every industry and include labourers, skilled tradespeople, and freelancers.

Typically, contractors:

  • Have more than one client
  • Send invoices to their clients
  • Use their own tools or equipment
  • May hire employees or subcontractors to help complete services
  • Don’t receive employment benefits from clients

What do I include in a Service Agreement?

To create an effective Service Agreement, address the following details:

  • Service duration: Specify whether the contractor will provide service for a single job, a specific period of time, or indefinitely.
  • Service details: Describe the service that the client hires the contractor to provide.
  • Contractor and client information: Specify if each party is an individual or company and provide their names, addresses, and New Zealand Business Numbers (NZBN), if applicable.
  • Billing details: Outline how much the contractor will charge and if they’ll charge the client a flat fee, at an hourly rate, or in another way. If the contractor requires a deposit, set a deposit amount. Outline when the client must pay and if they’ll pay in instalments. Set the interest rate which can be charged on any late payments.
  • Notice periods: If both parties agree that they can end the agreement early, outline the number of days that the terminating party must provide written notice to the other party.
  • Expenses: Decide if the client will reimburse the contractor for reasonable, work-related expenses and if the contractor needs the client’s approval before incurring expenses.
  • Intellectual property ownership: Specify which party owns any intellectual property that the contractor creates. Intellectual property is any work that is a creation of the mind.
  • Confidentiality: Decide if the contractor must keep confidential client information private.

You can create an effective contract with LawDepot’s Service Agreement template by providing all the necessary information. Be clear and specific when describing the job or project that the client requires and indicate any important dates.

Why is creating a Service Agreement important?

Using a written Service Agreement benefits both contractors and clients by clearly outlining the terms of their working arrangement. A Service Agreement provides transparency and accountability for both parties and helps prevent disputes that could arise without a formal agreement.

How do I enforce a Service Agreement?

If your contractor or client breaches your Service Agreement, you should first try to enforce the contract’s terms by contacting the offending party, pointing out their obligations, and requesting that they fulfil their part of the agreement. Communicate with the other party in a civil and non-offensive manner to ensure a better chance of compliance. Also, provide them with enough notice to rectify their actions.

If the offending party doesn’t rectify the situation, you can take legal action for breach of contract.

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