NZS 3910:2003
Conditions of contract for building and civil engineering construction
Provides a standard form of general conditions of contract written in plain English for incorporation into construction contract documents. Usually with this contract form the Contractor constructs the works in accordance with the design provided by the Engineer, however, it may also be suitable for contract works for which the Contractor, wholly or partly, has design responsibility. Also includes conditions of tender and forms for special conditions, contract agreement and bonds for contractors and principals. Sets out the contractual relationship between a client and the Contractor and defines their rights, obligations and communications. Insurance forms are included for the purpose of providing outlines of the insurance cover that is provided for a contract. A range of disputes resolution procedures are provided. Payment processes are prescribed that comply with the Construction Contracts Act 2002. Includes copies of the forms and schedules in electronic format that may be completed with project specific details and a read-only, searchable and hyperlinked copy of the standard. Reprinted in March 2004 to incorporate a minor Erratum which is not available separately.
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CONTENTS
SECTION 15 – Service of Notices
COMMITTEE REPRESENTATION
ACKNOWLEDGEMENT
© COPYRIGHT
RELATED DOCUMENTS
FOREWORD
REVIEW OF STANDARDS
SECTION 1 – Interpretation
1.1 Application
1.2 Definitions
1.3 General
1.4 Law, currency and language
1.5 Computation of time
1.6 Duties of Engineer
2.1 Type of contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Road or term maintenance contracts
2.6 Local authority contracts
2.7 Evidence of contract
2.8 Documents prepared by the Engineer or Principal
2.9 Documents prepared by the Contractor
SECTION 3 – Performance Bonds
3.1 Contractor’s bond
3.2 Principal’s bond
SECTION 4 – Subcontracts
4.1 General
4.2 Nominated Subcontractors
SECTION 5 – General Obligations
5.1 General responsibilities
5.2 Contractor’s representative
5.3 Control of employees
5.4 Possession of the Site
5.5 Separate contractors
5.6 Care of the works and Site
5.7 Protection of Persons and property
5.8 Setting out
5.9 Materials, labour and Plant
5.10 Programme
5.11 Compliance with laws
5.12 Patents and royalties
5.13 Underground and above ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Quality management
5.18 As-built drawings, operation and maintenance manuals
SECTION 6 – Engineer’s Powers and Responsibilities
6.1 Appointment of Engineer
6.2 Role of Engineer
6.3 Engineer’s representative
6.4 Inspection, recording, measuring and testing
6.5 Removal and making good
6.6 Certification
6.7 Suspension of work
6.8 Emergency work
SECTION 7 – Indemnity
SECTION 8 – Insurance
8.1 Contractor to insure Contract Works and Materials
8.2 Contractor to insure Contractor’s construction machinery
8.3 Contractor to insure against public liability risks
8.4 Professional indemnity insurance for Contractor’s design
8.5 Contractor’s insurance – General
8.6 Principal’s option to insure Contract Works and Materials
8.7 Principal’s option to insure public liability
8.8 Principal’s insurances – General
SECTION 9 – Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
SECTION 10 – Time for Completion
10.1 Commencement
10.2 Due Date for Completion
10.3 Extension of time
10.4 Certificate of Practical Completion
10.5 Damages for late completion
10.6 Bonus for early completion
10.7 Occupancy by the Principal
SECTION 11 – Defects Liability
11.1 Period of Defects Liability
11.2 Defects liability
11.3 Defects Liability Certificate
11.4 Effect of Defects Liability Certificate
11.5 Guarantees
Approved
SECTION 12 – Payments
12.1 Contractor’s payment claims
12.2 Progress Payment Schedules
12.3 Retention monies
12.4 Final payment claim
12.5 Final Payment Schedule
12.6 Effect of Final Payment Schedule
12.7 Interest
12.8 Cost fluctuations
12.9 Provisional Sums
12.10 Prime Cost Sums
12.11 Contingency sums
12.12 Goods and services tax
SECTION 13 – Disputes
13.1 General
13.2 Engineer’s review
13.3 Mediation
13.4 Arbitration
13.5 Suspension during dispute
13.6 Award of interest
SECTION 14 – Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
SECTION 15 – Service of Notices
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
APPENDIX B – CONSTRUCTION CONTRACTS IN PUBLIC ROADS
APPENDIX C – TERM MAINTENANCE CONTRACTS (INCLUDING ROAD MAINTENANCE CONTRACTS)
C1 Interpretation
C2 General obligations
C3 Underground and above ground utilities
C4 Engineer’s powers and responsibilities
C5 Time for completion
C6 Defects liability
C7 Payment
APPENDIX D – OBTAINING OF LICENCES BY THE CONTRACTOR
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
ELEVENTH SCHEDULE
CONDITIONS OF TENDERING
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
Section G1 – Interpretation
Section G5 – General Obligations
Section G6 – Engineer’s Powers and Responsibilities
Section G7 – Indemnity
Section G8 – Insurance
Section G9 – Variations
Section G10 – Time for Completion
Section G11 – Defects Liability
Section G12 – Payments
Section G13 – Disputes
Conditions of Tendering
GENERAL AID TO VALUATION OF VARIATIONS
VALUATION OF VARIATIONS – WORKED EXAMPLES
Example 1
Example 2
FLOW CHART
INDEX
A –C
D – I
L – P
Q – W
APPROVAL
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CONTENTS
SECTION 15 – Service of Notices
COMMITTEE REPRESENTATION
ACKNOWLEDGEMENT
© COPYRIGHT
RELATED DOCUMENTS
FOREWORD
REVIEW OF STANDARDS
SECTION 1 – Interpretation
1.1 Application
1.2 Definitions
1.3 General
1.4 Law, currency and language
1.5 Computation of time
1.6 Duties of Engineer
2.1 Type of contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Road or term maintenance contracts
2.6 Local authority contracts
2.7 Evidence of contract
2.8 Documents prepared by the Engineer or Principal
2.9 Documents prepared by the Contractor
SECTION 3 – Performance Bonds
3.1 Contractor’s bond
3.2 Principal’s bond
SECTION 4 – Subcontracts
4.1 General
4.2 Nominated Subcontractors
SECTION 5 – General Obligations
5.1 General responsibilities
5.2 Contractor’s representative
5.3 Control of employees
5.4 Possession of the Site
5.5 Separate contractors
5.6 Care of the works and Site
5.7 Protection of Persons and property
5.8 Setting out
5.9 Materials, labour and Plant
5.10 Programme
5.11 Compliance with laws
5.12 Patents and royalties
5.13 Underground and above ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Quality management
5.18 As-built drawings, operation and maintenance manuals
SECTION 6 – Engineer’s Powers and Responsibilities
6.1 Appointment of Engineer
6.2 Role of Engineer
6.3 Engineer’s representative
6.4 Inspection, recording, measuring and testing
6.5 Removal and making good
6.6 Certification
6.7 Suspension of work
6.8 Emergency work
SECTION 7 – Indemnity
SECTION 8 – Insurance
8.1 Contractor to insure Contract Works and Materials
8.2 Contractor to insure Contractor’s construction machinery
8.3 Contractor to insure against public liability risks
8.4 Professional indemnity insurance for Contractor’s design
8.5 Contractor’s insurance – General
8.6 Principal’s option to insure Contract Works and Materials
8.7 Principal’s option to insure public liability
8.8 Principal’s insurances – General
SECTION 9 – Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
SECTION 10 – Time for Completion
10.1 Commencement
10.2 Due Date for Completion
10.3 Extension of time
10.4 Certificate of Practical Completion
10.5 Damages for late completion
10.6 Bonus for early completion
10.7 Occupancy by the Principal
SECTION 11 – Defects Liability
11.1 Period of Defects Liability
11.2 Defects liability
11.3 Defects Liability Certificate
11.4 Effect of Defects Liability Certificate
11.5 Guarantees
Approved
SECTION 12 – Payments
12.1 Contractor’s payment claims
12.2 Progress Payment Schedules
12.3 Retention monies
12.4 Final payment claim
12.5 Final Payment Schedule
12.6 Effect of Final Payment Schedule
12.7 Interest
12.8 Cost fluctuations
12.9 Provisional Sums
12.10 Prime Cost Sums
12.11 Contingency sums
12.12 Goods and services tax
SECTION 13 – Disputes
13.1 General
13.2 Engineer’s review
13.3 Mediation
13.4 Arbitration
13.5 Suspension during dispute
13.6 Award of interest
SECTION 14 – Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
SECTION 15 – Service of Notices
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
APPENDIX B – CONSTRUCTION CONTRACTS IN PUBLIC ROADS
APPENDIX C – TERM MAINTENANCE CONTRACTS (INCLUDING ROAD MAINTENANCE CONTRACTS)
C1 Interpretation
C2 General obligations
C3 Underground and above ground utilities
C4 Engineer’s powers and responsibilities
C5 Time for completion
C6 Defects liability
C7 Payment
APPENDIX D – OBTAINING OF LICENCES BY THE CONTRACTOR
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
EIGHTH SCHEDULE
NINTH SCHEDULE
TENTH SCHEDULE
ELEVENTH SCHEDULE
CONDITIONS OF TENDERING
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
Section G1 – Interpretation
Section G5 – General Obligations
Section G6 – Engineer’s Powers and Responsibilities
Section G7 – Indemnity
Section G8 – Insurance
Section G9 – Variations
Section G10 – Time for Completion
Section G11 – Defects Liability
Section G12 – Payments
Section G13 – Disputes
Conditions of Tendering
GENERAL AID TO VALUATION OF VARIATIONS
VALUATION OF VARIATIONS – WORKED EXAMPLES
Example 1
Example 2
FLOW CHART
INDEX
A –C
D – I
L – P
Q – W
APPROVAL
Previous versions
NZS 3910:2003
Online Library subscription information
Online library subscriptions provide a cost-effective solution for organisations of any size to access the latest standards, offering 24/7 access to a personalised catalogue. The service ensures subscribers have have the most up-to-date version of selected standards, incluing automatic updates for any amendments or versions. Pricing is dependent on the chosen standards and the number of concurrent users, with discounts applied from the standards PDF price. For customised subscriptions or further inquiries, contact the Online Library team.