Contracts for construction works and professional services

Access contracts for school-led and Ministry-led project for minor and major works. Templates for COVID-19 claims can also be found here.

These are the contracts that the Ministry and schools use for all school property projects. 

• Contracts for school-led projects
• Contracts for Ministry-led projects
• Guidelines for valuing COVID-19 project variation claims

For answers to commonly asked questions, see:

• Construction Works Contracts - Frequently asked questions [PDF, 247 KB]

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

Minor Works contracts

Contract value (ex. GST and disbursements): $5,000 to $100,000

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.

Medium Works contracts

Contract value (ex. GST and disbursements): $100,000 to $1,000,000

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

Major Works contracts

Contract value (ex. GST and disbursements): $1,000,000 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.

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.

• MOE Short Form Agreement for Consultant Engagement - Template [DOCX, 48 KB] (Last updated July 2020)
• MOE Short Form Model Conditions of Engagement [PDF, 656 KB] (Last updated May 2019)
• MOE Short Form Agreement for Consultant Services - Guidance Note [PDF, 483 KB] (Last updated October 2020)

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.

• MOE Form of Agreement for Consultancy Services [DOC, 209 KB] (Last updated October 2020)
• MOE Conditions of Contract for Consultancy Services [PDF, 626 KB] (Last updated May 2019)
• MOE Conditions of Contract for Consultancy Services - Guidance Note [PDF, 487 KB] (Last updated May 2019)
• MOE Conditions of Contract for Consultancy Services IIA and IIB [PDF, 389 KB] (Last updated May 2019)

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.

• MOE Conditions of Contract (under $50,000) - Guidance Note [DOC, 266 KB]
• MOE Project Management Specification of Services (under $50,000) [DOC, 272 KB]
• MOE Short Form Agreement for Consultant Engagement - Template [DOCX, 48 KB] 
• MOE Short Form Model Conditions of Engagement [PDF, 656 KB] [DOC, 337 KB]

Ministry-led projects

The contracts below are standard contracts for use by all construction suppliers entering new arrangements for Ministry-led projects.

For any queries relating to contract administration or the Ministry-led contract templates, please email EIS.ContractAdmin@education.govt.nz

• Minor Works contracts
• Medium Works contracts
• Major Works contracts
• Consultancy contracts

Minor Works contracts

Contract value (ex. GST and disbursements): $5,000 to $100,000

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.

Medium Works contracts

Contract value (ex. GST and disbursements): $100,000 to $1,000,000

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

Major Works contracts

Contract value (ex. GST and disbursements): $1,000,000 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. If you require a contract for Design and Construct, or Early Contractor Involvement, email EIS.ContractAdmin@education.govt.nz

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.

Guidelines for valuing COVID-19 project variation claims

These guidelines are intended for all internal and external project leads for school property projects to ensure a fair, equitable and consistent approach to the valuing of construction variation claims arising from the Government’s regulatory response to COVID-19.

When New Zealand moved to COVID-19 Alert Level 4 on 25 March 2020 the Ministry of Education (Ministry) had to close all active construction sites for an initial period of 4 weeks. This has impacted the timing and costs for delivery of these projects.

Main contractors and consultants are entitled under the terms of their respective contracts to recover time and/or additional costs resulting from the lockdown. Establishing the value of claims will be complex and require case-by-case assessment of affected projects.

There are two proforma templates– one for main contractors and one for consultants – please make sure you are using the correct template for your claim.

In order to provide confidence and certainty to the construction sector, it is important that Government agencies adopt a consistent approach. This guidance document has been developed to help direct project teams working on Ministry projects as they review the legal and commercial issues associated with the lockdown period. It applies to standard NZS 3910:2013 contracts as well as the Ministry’s Medium and Minor works variants.

If you are unsure about how this guidance applies to any of your individual contracts, please seek further guidance by contacting COVID19Variations@education.govt.nz.

• Guidelines for valuing COVID-19 project variation claims [PDF, 183 KB]
• Guidelines for valuing COVID-19 consultant variation claims [PDF, 577 KB]
• Major Works COVID-19 variation process map [PDF, 816 KB]
• Medium and Minor Works COVID-19 variation process map [PDF, 726 KB]
• Main Contractors - COVID-19 Claims proforma template [XLSX, 76 KB]
• Consultants - COVID-19 Claims proforma template [XLSX, 75 KB]

Last reviewed: 23 November 2020 Has this been useful? Give us your feedback