Construction Contracts Act 2002

  • not the latest version
11 When Act does not apply

This Act does not apply to—

(a)

a construction contract under which a party undertakes to carry out construction work as an employee (within the meaning of section 6 of the Employment Relations Act 2000) of the party for whom the work is to be carried out:

(b)

a construction contract to the extent that it contains—

(i)

provisions under which a party undertakes to carry out construction work as a condition of a loan agreement with any person; or

(ii)

provisions under which a party undertakes—

(A)

to lend money or to repay money lent; or

(B)

to guarantee payment of money owing or repayment of money lent; or

(C)

to provide an indemnity for construction work carried out under the construction contract; or

(iii)

provisions under which a party undertakes to carry out construction work as a condition of an agreement for the sale and purchase of second-hand chattels, fixtures, or fittings; or

(iv)

provisions under which a party undertakes to carry out services—

(A)

that are for the operation or management of any building or structure or any other part of any land; and

(B)

that are not, and do not relate to, construction work.

Section 11(b)(ii)(C): amended, on 1 December 2015, by section 9(1) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 11(b)(iii): inserted, on 1 December 2015, by section 9(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 11(b)(iv): inserted, on 1 December 2015, by section 9(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).