Put the design-build deal in writing

Problems often start when the contract blurs the line between design responsibility and construction responsibility. If it is unclear who is responsible for plans, approvals, errors, changes or coordination, arguments can arise once the project is underway. Payment timing and variation pricing are also common pressure points. A well-structured design and construct agreement helps record those commercial positions early. This service deals with the contract itself, rather than acting as project manager or handling the full job after signing.

It will usually cover the project scope, design obligations, build obligations, pricing, payment stages, programme or timing expectations, variations, delay issues, warranties, defect handling, liability allocation and termination rights. Depending on the project, it may also need practical wording around site access, subcontracting, supplied information and health and safety responsibilities. The exact drafting depends on who is engaging whom and whether the same party is carrying both design and construction risk under the deal.

Useful details include the parties involved, the project structure, whether design is fully developed or still evolving, how pricing will work, and who is responsible for consultants, approvals and subcontractors. We also need to understand how changes will be instructed and paid for, because variation wording is often critical in design and construct jobs. If you already have a draft, tender document or heads of agreement, we can use that as a starting point for the legal drafting or review.

Template wording often needs adjustment so it matches the actual transaction, workflow and risk allocation. However, design and construct projects often involve risk allocation that generic wording handles poorly. A template may not properly address who owns design assumptions, what happens if design changes affect price or timing, or how responsibility is split when multiple parties contribute information. Tailored drafting is usually more useful where the project has bespoke scope, staged works or non-standard payment arrangements. The aim is to get the contract aligned with the actual deal, not just the document title.

Timing depends on the complexity of the project and the quality of the information provided. Once engaged, we review your instructions and any existing project documents, then prepare or review the agreement and raise any key issues that need decisions. If there are commercial points still being negotiated, that can affect turnaround because the drafting needs to match the agreed position. The fixed-fee covers the contract work described on this page. Ongoing negotiations, project administration and post-signing representation can be arranged separately if needed.

Submit an enquiry on this page or click 'Get started'. One of our legal consultants will review it within 1 business day and get in touch to understand what you need.

Your consultant will then email you a fixed-fee quote setting out the cost, scope and timing. If you're happy with it, you can accept the quote and sign our engagement letter online.

Once you've accepted, one of our Australian-qualified lawyers will work with you to complete your project. They'll contact you by email or phone if they need anything.

Sprintlaw works on fixed-fee pricing wherever possible, so you can review the scope and cost before you decide whether to proceed. For the Design And Construct Agreement service, pricing starts from $900.00.

After you enquire, a legal consultant will confirm what is included, the expected timing and whether any extra work is needed before you engage us.

We work online, so we can help wherever you are in New Zealand. Our team works remotely, mainly from Australia.

Your work is done by our Australian-qualified lawyers, who hold Australian practising certificates and specialise in business law. None of them are New Zealand lawyers or hold a New Zealand practising certificate.

Sprintlaw NZ Limited is a legal consultancy, not a law firm, and is not regulated by the New Zealand Law Society. We don't act in court or tribunal matters, conveyancing (including leases and business sales) or other reserved areas of work. Communications with Sprintlaw are unlikely to be protected by legal professional privilege. We still keep everything confidential under our engagement letter.