Contracts for construction works and professional services

On this page you will find contract templates and guidance for construction works and professional services for:

  • School-led projects - services engaged by a Board of Trustees and managed by a Project Manager appointed by the school 
  • Ministry-led projects - services engaged where the Ministry is the buyer/client.

Note: Contracts for Major Works and Design & Construct were updated on 1 August 2018 in consultation with the construction sector, to provide a greater balance of risk. See what has changed in the Summary of Changes [PDF, 326 KB].

For answers to commonly asked questions, see:

If you have any questions about these documents, email EIS.procurement@education.govt.nz

School-led projects

Please use the relevant contracts from the list below. Schools must use these contracts without any amendments to the special provisions. Any queries raised by the Board in relation to the Ministry’s contracts should be directed in the first instance to the School Property Advisor. If legal assistance is required, the School Property Advisor will provide guidance on obtaining legal advice through the New Zealand School Trustees Association.

Minor Works contracts
Medium Works contracts
Major Works contracts
Consultancy Services contracts
Property Management contracts
10 Year Property Plan contracts

Minor Works Contract

Contract value (ex. GST and disbursements): $5,000 to $50,000

The Minor Works Contract must be used for low value building works or infrastructure (consented and non-consented), including repair, refurbishment and interior fit out.

Download

Notes

Template - Minor Works Contract (School-led projects) [DOC, 129 KB] Use this template when drafting a Minor Works Contract for a school-led project.
Guidance Note - Minor Works Contract [PDF, 114 KB] Refer to these notes when completing the template.

Medium Works Contracts

Contract value (ex. GST and disbursements): $50,000 to $500,000.

The Medium Works Contract must be used for medium-value building works or infrastructure including demolition, repair, refurbishment, remediation, and interior fit out.

Download

Notes

Template - Medium Works Contract (School-led projects) [DOC, 409 KB] Use this template when drafting a Medium Works Contract for a school-led project.
Guidance Note - Medium Works Contract [PDF, 140 KB] Refer to these notes when completing the template.

Major Works Contracts

Contract value (ex. GST and disbursements): $500,000 and above.

The Major Works Contract must be used for major building works or infrastructure (consented and non-consented), including demolition, new build, repair, refurbishment, remediation and interior fit out.

This contract is based on the construction industry standard NZS 3910:2013 contract with Ministry Special Conditions.

Download

Notes

Template - Major Works Contract [DOC, 1 MB] Use this template when drafting a Major Works Contract for a school-led project.
Guidance Note - Major Works Contract [PDF, 628 KB] Refer to these notes when completing the template.

Consultancy services contracts

Short Form Agreement for Consultant Engagement
Contract value: Up to $50,000.

This contract is suitable for low-complexity technical advisory work and low design element and risk. For example, Geotechnical reports and structural reviews.

Conditions of Contract for Consultancy Services
Contract value: $50,000 and above.

This contract is suitable for medium to high-complexity consultancy services. For example, engineering, quantity surveying, or architectural services.

Project Management contracts

Condition of Contract for Project Management Services
Contract value: Under $50,000

This contract is suitable for project management services, separate from any other advisory work.

10 Year Property Plan Contracts

These contracts are for the preparation of a school’s 10 Year Property Plan (10YPP) by a 10YPP Consultant (Property Planner).

10YPP Services

10YPP Standard Contract

Ministry-led projects

The contracts below are standard contracts for use by all construction suppliers entering new arrangements for Ministry-led projects. Contracts for Major Works and Design & Construct were updated on 1 August 2018 in consultation with the construction sector, to provide a greater balance of risk. See what has changed in the Summary of Changes [PDF, 326 KB].

For any queries relating to contract administration for Ministry-led projects, contract process, guidance and/or templates, please email EIS.ContractAdmin@education.govt.nz

Minor Works contracts
Medium Works contracts
Major Works contracts
Consultancy Services contracts
Project Management contracts

Minor Works Contract

Contract value (ex. GST and disbursements): $5,000 to $50,000.

The Minor Works Contract must be used for low value building works or infrastructure (consented and non-consented), including repair, refurbishment and interior fit out.

Download

Notes

Template - Minor Works Contract (Ministry-led projects) [DOC, 123 KB] Use this template when drafting a Minor Works Contract for a Ministry-led project.
Guidance Note - Minor Works Contract [PDF, 114 KB] Refer to these notes when completing the template.

Medium Works Contract

Contract value (ex. GST and disbursements): $50,000 to $500,000.

The Medium Works Contract must be used for medium-value building works or infrastructure including demolition, repair, refurbishment, remediation, and interior fit out.

Note: Ministry-led Medium Works contracts are drafted through an automation platform, ContractExpress. To gain access to ContractExpress, please contact the delivery manager who asked you to prepare the Medium Works Contract. 

Download

Notes

Template - Medium Works Contract (Ministry-led projects) [PDF, 965 KB]

This is an example template only.

As stated above, all Ministry-led Medium Works contracts should be drafted through ContractExpress.

Medium Works Contract administration process documentation

Download

Notes

Process Diagram - Capital Works process for Medium Works contracts [PDF, 736 KB]

This diagram maps out the process steps from initiation of the contract up to execution of the contract. Please refer to this diagram when initiating a Medium Works Contract for a Ministry-led project (when drafting Procurement Plan).

Guidance Notes - Capital Works process for Medium Works contracts [PDF, 455 KB]

These notes provide guidance on each process step outlined in the above process diagram. Refer to these notes when initiating a Medium Works Contract for a Ministry-led project (when drafting Procurement Plan).

Request Form - Medium Works Contract Execution [DOCX, 53 KB] Complete this form when requesting Ministry execution of a Medium Works Contract for a Ministry-led project.
ContractExpress video tutorial for MoE Business Users (ContractExpress License Holders) (external link) (external link) If you hold a ContractExpress license, please watch this video tutorial prior to drafting your Ministry-led Medium Works contract in ContractExpress.
ContractExpress video tutorial for Guest Users (external link) Please watch this video tutorial prior to drafting your Ministry-led Medium Works contract in ContractExpress.

Major Works Contract

Contract value (ex. GST and disbursements): Above $500,000.

The Major Works Contract must be used for major building works or infrastructure (consented and non-consented), including demolition, new build, repair, refurbishment, remediation and interior fit out.
This contract is based on the construction industry standard NZS 3910:2013 contract with Ministry Special Conditions. If you require a contract for Design and Construct, or Early Contractor Involvement, please email EIS.ContractAdmin@education.govt.nz

Major Works contract and guidance

Download

Notes

Template - Major Works Contract [PDF, 1.5 MB] This is an example template only. 
All Ministry-led Major Works contracts should be drafted by EIS Legal.
Contract Information Sheet - Major Works Contract [DOCX, 70 KB] Use this Contract Information Sheet when instructing EIS Legal to draft a Major Works (3910) contract for you to include with the tender documents. Provide as much information as you can.
Contract Information Sheet - Design and Construct Contract [DOCX, 62 KB] Use this Contract Information Sheet when instructing EIS Legal to draft a Design and Construct (3916) contract for you to include with the tender documents. Provide as much information as you can.
Guidance Note - Major Works Contract [PDF, 628 KB]
[DOC, 1 MB]
Refer to these notes when completing the Contract Information Sheet.

Major Works Contract administration process documentation

Download

Notes

Process Diagram - Capital Works process for Major Works contracts [PDF, 1.3 MB] This diagram maps out the process steps from initiation of the contract up to execution of the contract. Please refer to this diagram when initiating a Major Works Contract for a Ministry-led project (when drafting Procurement Plan). 
Guidance Notes - Capital Works process for Major Works contracts [PDF, 467 KB] These notes provide guidance on each process step outlined in the above process diagram. Refer to these notes when initiating a Major Works Contract for a Ministry-led project (when drafting Procurement Plan).
Checklist Template - Major Works Contract Completion [DOC, 130 KB] Complete this checklist once you have compiled a Major Works Contract for a Ministry-led project.
Request Form - Major Works Contract Execution [DOC, 123 KB] Complete this form when requesting Ministry execution of a Major Works Contract for a Ministry-led project.
Overview - Compilation and Execution of Ministry-led Major Works Construction Contracts [PDF, 485 KB] Refer to these notes when compiling a Major Works Contract for a Ministry-led project.

Content list - For compiling Ministry-led Major Works Construction Contracts NZS3910:2013 [PDF, 342 KB]

Refer to this content list when compiling the schedules for a Major Works Contract for a Ministry-led project.

Consultancy services contracts

Short Form Agreement for Consultant Engagement
Contract value: Up to $50,000.

This contract is suitable for low-complexity technical advisory work and low design element and risk. For example, Geotechnical reports and structural reviews.

Conditions of Contract for Consultancy Services
Contract value: $50,000 and above.

This contract is suitable for medium to high-complexity consultancy services. For example, engineering, quantity surveying, or architectural services.

Project Management contracts

Condition of Contract for Project Management Services
Contract value: Under $50,000

This contract is suitable for project management services, separate from any other advisory work.

 

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