NZS 3902:2004
Housing, alterations and small buildings contract
Provides a standard form of building contract suitable for owners who are making their own building arrangements. If you’re a homeowner doing building or renovating that will cost $30,000 or more (including GST), you must have a written contract with your building contractor. Even if the work costs less than $30,000, it’s a good idea to always have a written contract so that you are legally protected and know what you’re paying for. This is a 'plain English' standard building contract, for use between property owners and the contractors who will build their house or undertake alterations or other building work of a simple nature. It sets out the rights and responsibilities for all parties, and is intended to be fair and easily understood.
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COMMITTEE REPRESENTATION
© COPYRIGHT
STANDARDS COUNCIL APPROVAL
CONTENTS
REFERENCED DOCUMENTS
REVIEW OF STANDARDS
FOREWORD
1 INTRODUCTION
1.2 How to fill in this Contract
1.3 Signing this Contract
1.4 Builder’s main obligations
1.5 Owner’s main obligations
2 INTERPRETATION
2.1 Definitions
2.2 General
4 WARRANTIES
3 CONTRACT DETAILS
4 WARRANTIES
4.1 Builder's warranties
4.2 Owner’s warranties
4.3 Warranties to be in writing
5 CONSENTS AND APPROVALS
6 GENERAL OBLIGATIONS
6.1 Owner’s representative
6.2 Builder’s representative
6.3 Change of representative
6.4 Builder’s employees and subcontractors
6.5 Subcontractors and supply of materials
6.6 Owner’s contractors
6.7 Plans and Specifications
7 SITE POSSESSION AND ACCESS
7.1 Access to the Site
7.2 Survey
7.3 Keeping the Site clean and tidy
7.4 Use and occupation of the Site
7.5 Circumstances not reasonably foreseeable
8 SAFETY OF THE SITE AND THE BUILDING WORK
8.1 Care of Building Work
8.2 Safety
8.3 Emergency action
9 LOSS OR DAMAGE
9.1 Builder to indemnify Owner
9.2 When indemnity is not to apply
9.3 Owner to indemnify Builder
10.1 Owner to insure work on existing structures
10 INSURANCE
10.1 Owner to insure work on existing structures
10.2 Builder to insure
10.3 Public liability insurance
10.4 Insurance requirements
11 START DATE AND FINISH TIME
11.1 Start Date
11.2 Start Conditions
11.3 Delay in Start Date
11.4 Finish Time
11.5 Time Extensions
11.6 Making up for lost time
11.7 Remedy for late completion
11.8 Practical Completion
12 VARIATIONS AND ALLOWANCES
12.1 Variations permitted
12.2 Variation orders
12.3 Value of Variation
12.4 Allowances
12.5 Additional works
12.6 Unprocurable materials
13 PAYMENTS
13.1 Builder’s Payment Claims
13.2 Pay or give Payment Schedule
13.3 Payment of Performance and Defects Retention
13.4 Builder’s Final Account
13.6 Late payment
14.2 Performance and Defects Retention
14 PERFORMANCE AND DEFECTS LIABILITY
14.1 Defects Liability
14.2 Performance and Defects Retention
14.3 Final Completion Certificate
15 CANCELLATION OF THIS CONTRACT
15.1 Automatic cancellation
15.2 Right to cancel
15.3 What happens on cancellation?
16 DISPUTES RESOLUTION
16.1 Good faith
16.2 Mediation
16.3 Adjudication
16.4 Arbitration
16.5 No suspension during Dispute
17 GENERAL
17.1 Assignment
17.2 Notices
17.3 Waiver
17.4 Costs
17.5 Governing law
17.6 Personal information
17.7 GST
18 PURCHASE OF LAND (IF APPLICABLE)
18.1 Application of this Contract
18.2 Land Purchase Contract
18.3 Land fit for purpose
APPENDIX A CONSTRUCTION CONTRACT FLOW CHART
APPENDIX B GUIDELINES – HELPFUL HINTS TO USING THIS STANDARD
SCHEDULE 1 – SPECIAL CONDITIONS OF CONTRACT
SCHEDULE 2 – CONFIRMATION OF INSURANCE COVER
SCHEDULE 3 – NOTICE OF PRACTICAL COMPLETION
SCHEDULE 4 – CERTIFICATE OF PRACTICAL COMPLETION
SCHEDULE 5 – NOTICE OF FINAL COMPLETION
SCHEDULE 6 – FINAL COMPLETION CERTIFICATE
SCHEDULE 7 – WARRANTY AGREEMENT
SCHEDULE 8 – ADJUDICATION PROCESS
SCHEDULE 9 – SEPARATE AGREEMENT TO ARBITRATION
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COMMITTEE REPRESENTATION
© COPYRIGHT
STANDARDS COUNCIL APPROVAL
CONTENTS
REFERENCED DOCUMENTS
REVIEW OF STANDARDS
FOREWORD
1 INTRODUCTION
1.2 How to fill in this Contract
1.3 Signing this Contract
1.4 Builder’s main obligations
1.5 Owner’s main obligations
2 INTERPRETATION
2.1 Definitions
2.2 General
4 WARRANTIES
3 CONTRACT DETAILS
4 WARRANTIES
4.1 Builder's warranties
4.2 Owner’s warranties
4.3 Warranties to be in writing
5 CONSENTS AND APPROVALS
6 GENERAL OBLIGATIONS
6.1 Owner’s representative
6.2 Builder’s representative
6.3 Change of representative
6.4 Builder’s employees and subcontractors
6.5 Subcontractors and supply of materials
6.6 Owner’s contractors
6.7 Plans and Specifications
7 SITE POSSESSION AND ACCESS
7.1 Access to the Site
7.2 Survey
7.3 Keeping the Site clean and tidy
7.4 Use and occupation of the Site
7.5 Circumstances not reasonably foreseeable
8 SAFETY OF THE SITE AND THE BUILDING WORK
8.1 Care of Building Work
8.2 Safety
8.3 Emergency action
9 LOSS OR DAMAGE
9.1 Builder to indemnify Owner
9.2 When indemnity is not to apply
9.3 Owner to indemnify Builder
10.1 Owner to insure work on existing structures
10 INSURANCE
10.1 Owner to insure work on existing structures
10.2 Builder to insure
10.3 Public liability insurance
10.4 Insurance requirements
11 START DATE AND FINISH TIME
11.1 Start Date
11.2 Start Conditions
11.3 Delay in Start Date
11.4 Finish Time
11.5 Time Extensions
11.6 Making up for lost time
11.7 Remedy for late completion
11.8 Practical Completion
12 VARIATIONS AND ALLOWANCES
12.1 Variations permitted
12.2 Variation orders
12.3 Value of Variation
12.4 Allowances
12.5 Additional works
12.6 Unprocurable materials
13 PAYMENTS
13.1 Builder’s Payment Claims
13.2 Pay or give Payment Schedule
13.3 Payment of Performance and Defects Retention
13.4 Builder’s Final Account
13.6 Late payment
14.2 Performance and Defects Retention
14 PERFORMANCE AND DEFECTS LIABILITY
14.1 Defects Liability
14.2 Performance and Defects Retention
14.3 Final Completion Certificate
15 CANCELLATION OF THIS CONTRACT
15.1 Automatic cancellation
15.2 Right to cancel
15.3 What happens on cancellation?
16 DISPUTES RESOLUTION
16.1 Good faith
16.2 Mediation
16.3 Adjudication
16.4 Arbitration
16.5 No suspension during Dispute
17 GENERAL
17.1 Assignment
17.2 Notices
17.3 Waiver
17.4 Costs
17.5 Governing law
17.6 Personal information
17.7 GST
18 PURCHASE OF LAND (IF APPLICABLE)
18.1 Application of this Contract
18.2 Land Purchase Contract
18.3 Land fit for purpose
APPENDIX A CONSTRUCTION CONTRACT FLOW CHART
APPENDIX B GUIDELINES – HELPFUL HINTS TO USING THIS STANDARD
SCHEDULE 1 – SPECIAL CONDITIONS OF CONTRACT
SCHEDULE 2 – CONFIRMATION OF INSURANCE COVER
SCHEDULE 3 – NOTICE OF PRACTICAL COMPLETION
SCHEDULE 4 – CERTIFICATE OF PRACTICAL COMPLETION
SCHEDULE 5 – NOTICE OF FINAL COMPLETION
SCHEDULE 6 – FINAL COMPLETION CERTIFICATE
SCHEDULE 7 – WARRANTY AGREEMENT
SCHEDULE 8 – ADJUDICATION PROCESS
SCHEDULE 9 – SEPARATE AGREEMENT TO ARBITRATION
Previous versions
NZS 3902:2004
Online Library subscription pricing
The cost of your subscription will depend on which standards you want to access, and how many people in your organisation need to be able to access the Online Library subscription at the same time (concurrent users). During your subscription period, we are also able to make any necessary changes and ensure you are aware of any pricing changes that result. For a quote, contact our Online Library team by emailing onlinelibrary@standards.govt.nz.