Terms & Conditions

A3.1 Ownership. Copyright in this website, including its text, headings, structure, layout, graphics, and the selection and arrangement of its content, is owned by Imagine Civil & Construction Limited or is used with the permission of the owner. Copyright 2026 Imagine Civil & Construction Limited. All rights reserved.

A3.2 Photographs. Photographs published on this site are either our own, taken by or for the people shown, supplied to us by the owner of a project with permission to publish, or licensed from a third party. Copyright in each photograph remains with its photographer or licensor. Where an image is used under a licence that requires a credit, that credit is published with the image.

A3.3 Design and consent documents. Drawings, specifications, models, calculations and consent documentation prepared by architects, designers, engineers, surveyors and other consultants remain the copyright of their authors. Nothing on this website claims or transfers any right in that material.

A3.4 Names and marks. "Imagine Civil & Construction", "Imagine Civil & Construction Limited" and our logo are used as our trade marks, whether or not registered.

A3.5 What you may do. You may read this site, print or save a copy of any page for your own personal or internal business use, link to any page on it, and quote a short extract provided you credit Imagine Civil & Construction Limited and, where the extract appears online, link to the page it came from.

A3.6 What you may not do without our written permission. You may not republish, copy, distribute or make available any substantial part of this site; extract or reuse any photograph separately from the page it appears on; reproduce our content in another website, tender, proposal, report or marketing material; use our name, logo or the name of any of our people in a way that suggests association with, or endorsement by, us; systematically scrape, harvest or index the site other than by a conventional search engine; use this site or its content to train, fine-tune, evaluate or build a dataset for any machine learning or generative artificial intelligence system; or frame, mirror or present this site as part of another site.

A3.7 Moral rights. The authors of the works published on this site assert their moral rights under the Copyright Act 1994, including the right to be identified as the author and the right to object to derogatory treatment of their work.

A3.8 If you believe something here is yours. If you believe any material on this site has been published without the right to do so, tell us at admin@iccl.nz with enough detail to identify the material and your interest in it. We will take it down while we look into it.

A4. Links to other websites. Where we link to another website we do so for convenience. We do not control those sites and we are not responsible for their content, their accuracy or their privacy practices.

A5. Availability. We aim to keep this site available and accurate, but we do not guarantee that it will be uninterrupted, error free or current at every moment.

A6. Privacy. Personal information you give us through this site is handled in accordance with our Privacy Policy, which forms part of these terms.

A7. Governing law. Part A is governed by New Zealand law and you submit to the non-exclusive jurisdiction of the New Zealand courts.

Part B - Terms of engagement for construction and related services

B1. When these terms apply. Part B applies to the services we provide to you, except where we have signed a separate contract for a project. Where there is a signed project contract, that contract prevails over Part B to the extent of any inconsistency. If we change Part B, the change does not affect a contract already entered into.

B2. What we do. We deliver construction work and coordinate the specialist input a project needs, including architectural design, building consent documentation, procurement, contract administration, project management and H1 compliance. Where specialist input is required we may engage consultants or subcontractors. Unless we tell you otherwise in writing, we remain responsible to you for the work we have contracted to deliver, and you deal with us rather than separately with those parties.

B3. Estimates, quotations and budgets. An estimate, cost plan or budget is our opinion of likely cost at the time it is prepared, based on the information then available. It is not an offer to carry out the work at that figure. A quotation is a fixed-price offer for the scope described in it and, unless it says otherwise, is open for acceptance for 30 days. Any exclusions, assumptions and provisional or prime cost sums stated in an estimate or quotation form part of it. Rates assume normal working hours and reasonable access to the site unless stated otherwise. Where a price depends on a rate or an allowance rather than a fixed sum, we will say so and explain how the final amount will be calculated.

B4. Residential building work and your statutory rights. For residential building work with a contract price of $30,000 or more including GST, the Building Act 2004 requires a written contract. We will provide one, together with the prescribed consumer protection checklist and disclosure statement, before it is signed. The implied warranties in the Building Act 2004 apply to residential building work. They cannot be contracted out of and nothing in these terms attempts to do so. In summary, the work will be done properly and competently and in accordance with the plans, specifications and building consent; materials will be suitable and, unless we agree otherwise, new; the work will comply with the Building Act and the Building Code; it will be carried out with reasonable care and skill and within the agreed or a reasonable time; and the household unit will be suitable for occupation on completion. If you notify us in writing of a defect in residential building work within 12 months of completion, we will put it right within a reasonable time, unless we can show the work was not defective. Your rights under the implied warranties continue beyond that period as set out in the Building Act. Where you are a consumer, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply, and nothing in these terms limits or excludes rights you have under those Acts. On completion we will give you the information the Building Act requires, including details of insurance cover, any guarantees and warranties on materials and appliances, and maintenance requirements.

B5. Scope and variations. The scope of our work is what is described in the contract, quotation or written instruction for the project. Neither of us may change the scope, the price or the programme on our own. A variation takes effect when both of us have agreed it in writing, including its effect on price and on time, before the varied work proceeds. The only exception is work that must be done immediately to make the site or the works safe, or to comply with a statutory requirement; we will tell you as soon as we reasonably can and confirm the cost and time effect in writing.

B6. Programme, access and delay. Start and completion dates are those stated in the contract for the project. You will give us, and those working for us, safe and adequate access to the site for the agreed working hours. Either of us may claim a fair extension of time for the effect of an event outside our reasonable control, including adverse weather, delays by a territorial authority or network utility operator, delays in the supply of materials, changes you instruct, and events of force majeure.

B7. Payment. Our invoices are payment claims under the Construction Contracts Act 2002 and say so. If you dispute any part of a payment claim you must give us a payment schedule within the time stated in the contract or, if the contract does not state a time, within 20 working days of the claim being served. The payment schedule must state the amount you propose to pay and, where that is less than the amount claimed, how it was calculated and why it differs. If you do not provide a payment schedule in time, the claimed amount becomes due. Payment is due on the date stated in the contract for the project or, if the contract does not state one, 20 working days after the payment claim is served. Interest may be charged on amounts that remain unpaid after the due date at the rate stated in the contract for the project, and we may recover the reasonable costs of recovering an overdue amount. If a payment is not made in full when due we may suspend work under the Construction Contracts Act 2002 after giving the notice that Act requires; suspension under the Act is not a breach of contract by us and we are entitled to a fair extension of time for its effect.

B8. Retention money. Where we withhold retention money from a subcontractor under a commercial construction contract, that money is held on trust from the moment it may be withheld, and is accounted for, held and reported in accordance with the Construction Contracts Act 2002 as amended by the Construction Contracts (Retention Money) Amendment Act 2023. The retention money regime does not apply where one party is a residential occupier of the premises being worked on.

B9. Health and safety. We are a PCBU under the Health and Safety at Work Act 2015. Where our duties overlap with those of another PCBU on the site, we will consult, cooperate and coordinate as that Act requires. You must tell us, before work starts, about hazards you know of or ought reasonably to know of at the site, including asbestos and other hazardous materials, contamination, and the location of underground or concealed services. If asbestos or another unexpected hazardous material is found, work in the affected area will stop until it has been assessed and, where required, removed by a suitably qualified specialist, and the cost and time effect will be treated as a variation.

B10. Insurance. The insurance each of us is to hold for a project, and who bears the cost of it, is recorded in the contract for that project. We will provide evidence of our cover on request.

B11. Intellectual property in project documents. Copyright in the documents we prepare, including estimates, cost plans, schedules of quantities, programmes, methodologies, reports, models and drawings prepared by us, remains ours. When you have paid in full for the work those documents relate to, you have a non-exclusive licence to use them for the project they were prepared for, including for the purpose of obtaining consents, constructing, maintaining, letting and selling the works. Section 21(3) of the Copyright Act 1994 provides that a person who commissions and agrees to pay for certain works, including drawings, plans, diagrams, models and photographs, is the first owner of copyright in them unless the parties agree otherwise; these terms are that agreement and the two sentences above apply instead. If you want to own copyright in anything we prepare, we are happy to discuss it, and it needs to be agreed in writing before the work starts. Copyright in drawings, specifications and other documents prepared by consultants engaged on a project remains with those consultants, and your licence to use that material comes from them on the terms of their engagement. Where you give us documents, data, images or other material for use on a project, you confirm you are entitled to give it to us and to allow us to use it for the project, and that our use of it will not infringe anyone's rights. We take photographs of work in progress for our own records and for quality, progress and health and safety purposes. We will not publish any photograph, drawing or description that identifies you, your property or your project, on our website, in marketing or in a tender, without your written consent. You may withdraw that consent at any time and we will take the material down.

B12. Confidentiality. Each of us will keep the other's confidential information confidential and use it only for the project, except where disclosure is required by law, by a territorial authority, or to our respective professional advisers, insurers, consultants and subcontractors who need it for the project.

B13. Defects. We will make good defects in our work that are notified to us in writing within the defects period stated in the contract for the project, or for residential building work within the 12 month period described in clause B4. Fair wear and tear, damage caused by others, and the effect of a failure to carry out the maintenance we have told you about are not defects. Please give us a reasonable opportunity to inspect and put right a defect before engaging someone else to do it.

B14. Liability. Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, including under the Building Act 2004 implied warranties, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, or liability for fraud or for death or personal injury caused by negligence. Subject to that, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, opportunity or anticipated savings; our total liability arising out of a project is limited to the greater of the amount recoverable under our relevant insurance policy for the claim and the amount you have paid us for the work the claim relates to; and we are not liable for defects in work carried out by others, for materials or products you have specified or supplied, or for the consequences of information you have given us being inaccurate or incomplete, except to the extent we ought reasonably to have identified the problem.

B15. Suspension and termination. Either of us may terminate the contract if the other commits a material breach and does not remedy it within 10 working days of written notice, or becomes insolvent. On termination you will pay us for work properly carried out up to the date of termination, together with materials ordered or delivered for the project and the reasonable cost of demobilising and leaving the site safe.

B16. Disputes. If a dispute arises, each of us will first try in good faith to resolve it by discussion between people with authority to settle it. If that does not resolve it, either of us may refer the dispute to adjudication under the Construction Contracts Act 2002, or we may agree to mediation. Nothing in this clause prevents either of us from exercising a right under that Act, or from seeking urgent relief from a court.

B17. Privacy. Personal information we collect in the course of a project is handled in accordance with our Privacy Policy and the Privacy Act 2020.

B18. General. These terms are governed by New Zealand law and each of us submits to the non-exclusive jurisdiction of the New Zealand courts. If any provision is found to be unenforceable, the rest continues to apply. A failure or delay in enforcing a right is not a waiver of it. These terms, together with the contract, quotation or written instruction for the project, are the whole of the agreement between us about that project, subject always to the rights described in clauses B4 and B14.

Imagine Civil & Construction Limited, NZBN 9429053398468, admin@iccl.nz, 022 536 0414.