Contracts for construction works and professional services

Find contract templates and guidance for construction works and professional services.

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 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.

Download

Notes
Template - Minor Works Contract (School-led projects) [DOCX, 78 KB] Use this template when drafting a Minor Works Contract for a school-led project.
Guidance Note - Minor Works Contract [PDF, 265 KB] Refer to these notes when completing the template.

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.

Download

Notes
Template - Medium Works Contract (School-led projects) [DOC, 439 KB] Use this template when drafting a Medium Works Contract for a school-led project.
Guidance Note - Medium Works Contract [PDF, 190 KB] Refer to these notes when completing the template.

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.

Download

Notes
Template - Major Works Contract [DOCX, 322 KB] Use this template when drafting a Major Works Contract for a school-led project.
Guidance Note - Major Works Contract [PDF, 191 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.

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.

Download

Notes
Template - Minor Works Contract 2020 (Ministry-led projects) [PDF, 918 KB] This is an example template only

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.

Download

Notes
Template - Medium Works Contract 2020 (Ministry-led projects) [PDF, 1.7 MB]

This is an example template only.

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

Download

Notes
Template - Major Works Contract 2020 [PDF, 2.1 MB] This is an example template only.

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.

Download

Notes
Template – Short From Agreement of Consultant Engagement (Ministry-led projects) [PDF, 1.2 MB] This is an example template only.

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.

Download

Notes
Template – MOE Conditions of Contract for Consultancy Services [PDF, 438 KB] This is an example template only.

 

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.

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