Contracts for construction works and professional services

Select the correct contract template when contracting for professional services and works.

If you have any issues with these documents, email eis.procurement@education.govt.nz.

Construction or building works contracts

Updates and frequently asked questions

The process for Ministry-led Medium Construction Works Contracts was updated on 27 November 2017.

This update introduced ContractExpress as the new automation platform for drafting Ministry-led Medium Construction Works contracts.

The new process will be available and should be used for all Ministry-led Medium Construction Works Contracts initiated after 27 November 2017.

All Ministry-led Medium Construction Works Contracts initiated after 1 February 2018 must follow the new contract process. This includes the use of ContractExpress.

For a summary of changes see:

The process for Ministry-led Major Construction Works Contracts was also updated on 1 August 2017.

For a summary of changes see:

For answers to commonly asked questions, see:

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.

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Notes

Guidance Note - Minor Works Contract [PDF, 114 KB] Refer to these notes when completing the template.
Template - Minor Works Contract (School-led projects) [DOC, 129 KB] Use this template when drafting a Minor Works Contract for a school-led project.
Template - Minor Works Contract (Ministry-led projects) [DOC, 123 KB] Use this template when drafting a Minor Works Contract for a Ministry-led project.

Medium Works Contract

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

Note the templates and guidance below differs for School-led projects and Ministry-led projects.

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

From 27 November 2017, Ministry-led Medium Works Contracts should be drafted using the new automation platform, ContractExpress. From 1 February 2018, all Ministry-led Medium Works Contracts must be drafted in ContractExpress. 

Refer to the following documentation when initiating a Medium Works Contract.

School-led Medium Works Contracts

School-led Medium Works contract and guidance

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Notes

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

Further guidance for School-led projects

Any queries raised by the Board in relation to the terms and conditions of the Medium Works Contract and its use 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.

Ministry-led Medium Works Contracts

From 27 November 2017 Ministry-led Medium Works contracts are drafted through an automation platform, ContractExpress. If you do not have access to ContractExpress already, please contact the delivery manager who has requested you to prepare the Ministry-led Medium Works Contract.

Refer also to the process documentation below.

Ministry-led Medium Works contract

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Notes

Template - Medium Works Contract (Ministry-led projects) [PDF, 965 KB]
[DOC, 409 KB]

This is an example template only.

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

Ministry-led Medium Works Contract administration process documentation

Download

Notes

Process Diagram - Capital Works process for Medium Works contracts [PDF, 736 KB]
[DOC, 409 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.

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

Major Works Contract

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

The Major Construction 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.

The following documentation should be referred to when initiating your Major Works Contract.

Be aware the templates and guidance differs for School-led projects and Ministry-led projects.

School-led Major Works Contracts

School-led Major Works contract and guidance

Download

Notes

Guidance Note - Major Works Contract [PDF, 153 KB] Refer to these notes when completing the template.
Template - Major Works Contract (School-led projects) [DOC, 1.1 MB] Use this template when drafting a Major Works Contract for a school-led project.

Further guidance for School-led projects

Any queries raised by the Board in relation to the terms and conditions of this Major Works Contract and its use 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.

Ministry-led Major Works Contracts

Ministry-led Major Works contract and guidance

Download

Notes

Guidance Note - Major Works Contract [PDF, 153 KB] Refer to these notes when completing the template.
Template - Major Works Contract (Ministry-led projects) [DOC, 1 MB] Use this template when drafting a Major Works Contract for a Ministry-led project.

Ministry-led 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).

Contract Information Sheet – Major Works Contract [DOCX, 93 KB]

Use this Contract Information Sheet when instruction EIS Legal to draft a contract for you to include with the tender documents. Provide as much information as you can. 
Template - Major Works Construction Contract Tags Table [DOC, 82 KB] This template is included in the standard RFT template and must be include in the tender documents when releasing an RFT to GETS. 
Checklist Template - Major Works Contract Completion [DOC, 138 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.

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

Consultancy services contracts

If you are procuring consultancy services you must use one of the following forms of contract: 

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 to $500,000.

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

Project management contracts

If you are procuring project management services you must use the following form of contract: 

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

10YPP Services

This contract is for the preparation of a school’s 10YPP, specifically for the services of a 10YPP Consultant (Property Planner).

10YPP Standard Contract

This contract is for the preparation of a school’s 10YPP, specifically for the services of a 10YPP Consultant (Property Planner).

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