NZS 3915:2000
Conditions of contract for building and civil engineering construction (where no person is appointed to act as engineer to the contract)
Provides a standard form of general conditions of contract written in plain English for incorporation in building and construction contract documents. Also includes conditions of tender and forms for special conditions, contract agreement and bonds for contractors and principals. Sets out a direct contractual relationship between a client and the builder or contractor and defines their rights, obligations and communications. Based on NZS 3910 but without an "Engineer" as technical advisor to the client and administrator of the contract. Provides a range of disputes resolution procedures. Includes a read-only copy of the Contract and a read-write copy of the Schedules in Adobe Acrobat PDF format.
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Title Page
Contents Page
SECTION 1 - INTERPRETATION
1.1 Application
1.2 Definitions
GENERAL AID TO VALUATION OF VARIATIONS
CONTRACT AGREEMENT
CONTRACT DOCUMENTS
CONTRACT PRICE
CONTRACT WORKS
CONTRACTOR
COST
DATE OF ACCEPTANCE OF TENDER
DAYWORK
DAYS
DEFECTS LIABILITY CERTIFICATE
DRAWINGS
EXPERT
FINAL PAYMENT CERTIFICATE
GENERAL CONDITIONS
MATERIALS
MONTH
NET COST
NOMINATED SUBCONTRACTOR
PERIOD OF DEFECTS LIABILITY
PERSON
PLANT
PRACTICAL COMPLETION
PRIME COST SUM
PRINCIPAL
PROVISIONAL SUM
SCHEDULE OF PRICES
SEPARABLE PORTION
SITE
SPECIAL CONDITIONS
SPECIFICATIONS
SUBCONTRACTOR
TEMPORARY WORKS
TENDER DOCUMENTS
VARIATION
WEEK
WORKING DAY
1.3 General
1.4 Law, currency and Language
1.5 Computation of time
SECTION 2 - THE CONTRACT
2.1 Type of contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Roading contracts
2.6 Evidence of contract
2.7 Documents
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 OBLIGATION
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
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
SECTION 6 – ENGINEER'S POWERS AND RESPONSIBILITIES
6.1 Appointment of Principal’s Representative
6.2 Inspection, recording, measuring and testing
6.3 Removal and making good
6.4 Certification
6.5 Suspension of work
6.6 Emergency work
SECTION 7 - INDEMNITY
7.1 Indemnity
SECTION 8 - INSURANCE
8.1 Contractor to insure Contract Works and Materials
8.2 Contractor to insure Contractor’s Plant
8.3 Contractor to insure against public liability risks
8.4 Contractor’s insurance – General
8.5 Principal to insure Contract Works and public liability in certain cases
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
SECTION 12 - PAYMENTS
12.1 Contractor’s claims
12.2 Progress payment certificates
12.3 Retention monies
12.4 Final claim
12.5 Final Payment Certificate
12.6 Effect of Final Payment Certificate
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 Appointment and determination of Expert
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 NOTICE
15.1 General
Appendix A - Cost Fluctuation Adjustment by indexation
A1
A2
A3
A4
A5
A6
A7
A8
Appendix B - Roading Construction Contracts
B1 Interpretation
B2 Engineer’s Powers and Responsibilities
B3 Time for Completion
Appendix C - Roading Maintenance Contracts
C1 Interpretation
C2 General Obligations
C3 Underground and above ground utilities
C4 Principal’s Powers and Responsibilities
C5 Time for Completion
C6 Defects liability
C7 Payment
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
101 INTERPRETATION
102 ISSUE
103 TENDERERS
104 AMBIGUITIES
105 SUBMISSION
106 ACCEPTANCE
107 NOTIFICATION
Guidelines
G1 INTERPRETATION
G1.2Definitions
G5 GENERAL OBLIGATIONS
G5.10 Programme
G6 – PRINCIPAL'S REPRESENTATIVE AND OTHER PROVISIONS
G6.1 APPOINTMENT OF PRINCIPAL
G6.2 INSPECTION
G7 INDEMNITY
G8 INSURANCE
G8.1 CONTRACTOR TO INSURE CON
G8.4 Contractor’s insurance – General
G8.5 PRINCIPAL TO INSURE CONT
G9 VARIATIONS
G9.1 Variations permitted
G9.3 Valuation of Variations
G9.4 Daywork
G10 – TIME FOR COMPLETION
G10.3 Extension of time
G10.4 Certificate of Practical Completion
G12 – PAYMENTS
G12.1 Contractor’s claims
G12.12 Goods and services tax
G106 CONDITIONS OF TENDERING
GENERAL AID TO VALUATION OF VARIATIONS
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Title Page
Contents Page
SECTION 1 - INTERPRETATION
1.1 Application
1.2 Definitions
GENERAL AID TO VALUATION OF VARIATIONS
CONTRACT AGREEMENT
CONTRACT DOCUMENTS
CONTRACT PRICE
CONTRACT WORKS
CONTRACTOR
COST
DATE OF ACCEPTANCE OF TENDER
DAYWORK
DAYS
DEFECTS LIABILITY CERTIFICATE
DRAWINGS
EXPERT
FINAL PAYMENT CERTIFICATE
GENERAL CONDITIONS
MATERIALS
MONTH
NET COST
NOMINATED SUBCONTRACTOR
PERIOD OF DEFECTS LIABILITY
PERSON
PLANT
PRACTICAL COMPLETION
PRIME COST SUM
PRINCIPAL
PROVISIONAL SUM
SCHEDULE OF PRICES
SEPARABLE PORTION
SITE
SPECIAL CONDITIONS
SPECIFICATIONS
SUBCONTRACTOR
TEMPORARY WORKS
TENDER DOCUMENTS
VARIATION
WEEK
WORKING DAY
1.3 General
1.4 Law, currency and Language
1.5 Computation of time
SECTION 2 - THE CONTRACT
2.1 Type of contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Roading contracts
2.6 Evidence of contract
2.7 Documents
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 OBLIGATION
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
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
SECTION 6 – ENGINEER'S POWERS AND RESPONSIBILITIES
6.1 Appointment of Principal’s Representative
6.2 Inspection, recording, measuring and testing
6.3 Removal and making good
6.4 Certification
6.5 Suspension of work
6.6 Emergency work
SECTION 7 - INDEMNITY
7.1 Indemnity
SECTION 8 - INSURANCE
8.1 Contractor to insure Contract Works and Materials
8.2 Contractor to insure Contractor’s Plant
8.3 Contractor to insure against public liability risks
8.4 Contractor’s insurance – General
8.5 Principal to insure Contract Works and public liability in certain cases
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
SECTION 12 - PAYMENTS
12.1 Contractor’s claims
12.2 Progress payment certificates
12.3 Retention monies
12.4 Final claim
12.5 Final Payment Certificate
12.6 Effect of Final Payment Certificate
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 Appointment and determination of Expert
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 NOTICE
15.1 General
Appendix A - Cost Fluctuation Adjustment by indexation
A1
A2
A3
A4
A5
A6
A7
A8
Appendix B - Roading Construction Contracts
B1 Interpretation
B2 Engineer’s Powers and Responsibilities
B3 Time for Completion
Appendix C - Roading Maintenance Contracts
C1 Interpretation
C2 General Obligations
C3 Underground and above ground utilities
C4 Principal’s Powers and Responsibilities
C5 Time for Completion
C6 Defects liability
C7 Payment
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
101 INTERPRETATION
102 ISSUE
103 TENDERERS
104 AMBIGUITIES
105 SUBMISSION
106 ACCEPTANCE
107 NOTIFICATION
Guidelines
G1 INTERPRETATION
G1.2Definitions
G5 GENERAL OBLIGATIONS
G5.10 Programme
G6 – PRINCIPAL'S REPRESENTATIVE AND OTHER PROVISIONS
G6.1 APPOINTMENT OF PRINCIPAL
G6.2 INSPECTION
G7 INDEMNITY
G8 INSURANCE
G8.1 CONTRACTOR TO INSURE CON
G8.4 Contractor’s insurance – General
G8.5 PRINCIPAL TO INSURE CONT
G9 VARIATIONS
G9.1 Variations permitted
G9.3 Valuation of Variations
G9.4 Daywork
G10 – TIME FOR COMPLETION
G10.3 Extension of time
G10.4 Certificate of Practical Completion
G12 – PAYMENTS
G12.1 Contractor’s claims
G12.12 Goods and services tax
G106 CONDITIONS OF TENDERING
GENERAL AID TO VALUATION OF VARIATIONS
NZS 3915:2000
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.