NZS 3916:2013
Conditions of contract for building and civil engineering - Design and construct
Provides a standard form of general conditions of contract for incorporation into construction contract documents. This standard is similar to NZS 3910:2013, but has been adapted to provide for the situation where the Contractor is responsible for design as well as construction. It enables the Principals, Engineers and Contractors to quickly establish contractual arrangements that deliver a wide variety of building and civil engineering projects. Contracts based on this standard will be comprehensive but at the same time easy to understand and will reflect fair risk allocation between the parties. It contains essential commercial provisions aligned with the requirements of the Construction Contracts Act 2002. This new standard was developed following a ‘limited technical review’ of NZS 3910:2003, which focused only on feedback from the construction sector, and resulted in clearer wording and a reduced need for extensive special conditions. It includes Word form schedules that may be completed with project specific details.
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General Conditions of Contract
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 The Contract
2.1 Type of Contract
2.2 Lump sum contract
2.3 Cost reimbursement contract
2.4 Local authority contracts, contracts in public places, and road contracts
2.5 Evidence of Contract
2.6 Documents prepared by the Engineer or Principal
2.7 Documents prepared by the Contractor
2.8 Assignment
2.9 No waiver
3 Bonds
3.1 Contractor’s Bond
3.2 Principal’s Bond
4 Subcontracts
4.1 General
4.2 Nominated Subcontractors
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 Intellectual property
5.13 Underground and above-ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Safety plan
5.18 Quality plan
5.19 Traffic management plan
5.20 As-built drawings and operation and maintenance manuals
5.21 Advance notification
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 Engineer may instruct urgent work
7 Indemnity
7.1 Indemnity
8 Insurance
8.1 General
8.2 Contractor arranged insurances – General
8.3 Contractor arranged construction insurance
8.4 Contractor arranged Plant insurance
8.5 Contractor arranged public liability insurance
8.6 Contractor arranged professional indemnity insurance
8.7 Principal arranged insurances – General
8.8 Principal arranged construction insurance
8.9 Principal’s option to insure public liability
9 Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
10 Time for Completion
10.1 Commencement
10.2 Due Date for Completion
10.3 Extension of time
10.4 Practical Completion Certificate
10.5 Damages for late completion
10.6 Bonus for early completion
10.7 Occupancy by the Principal
11 Defects Liability
11.1 Defects Notification Period
11.2 Remedying of defects
11.3 Final Completion Certificate
11.4 Effect of Final Completion Certificate
11.5 Warranties
11.6 Guarantees
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 Provisional Items
12.11 Prime Cost Sums
12.12 Contingency sums
12.13 Goods and services tax
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
14 Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
15 Service of Notices
15.1 General
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
APPENDIX B – CONTRACTS IN PUBLIC PLACES AND ROAD CONTRACTS
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
Schedule 1 – Special Conditions of Contract – Specific Conditions of Contract
Schedule 2 – Special Conditions of Contract – Other Conditions of Contract
Schedule 3 – Form of Contractor’s performance bond
Schedule 4 – Form of Principal’s bond
Schedule 5 – Form of Contractor’s bond in lieu of retentions
Schedule 6 – Form of Producer Statement – Construction
Schedule 7 – Information on Contractor arranged construction insurance
Schedule 8 – Information on Contractor arranged Plant insurance
Schedule 9 – Information on public liability insurance
Schedule 10 – Information on Contractor arranged motor vehicle insurance
Schedule 11 – Information on Contractor arranged professional indemnity insurance
Schedule 12 – Information on Principal arranged construction insurance
Schedule 13 – Form of Contractor (or Subcontractor) warranty
Schedule 14 – Agreement for off-site Materials
Schedule 15 – Practical Completion Certificate
Schedule 16 – Final Completion Certificate
Schedule 17 – Deed of novation
CONDITIONS OF TENDERING
101 Interpretation
102 Issue of documents
103 Tenderers to inform themselves
104 Ambiguities in Tender Documents
105 Submission of tenders
106 Acceptance of tender
107 Tender evaluation
108 Notification of acceptance
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
G Contract Agreement
G Section 1 Interpretation
G Section 2 The Contract
G Section 3 Bonds
G Section 4 Subcontracts
G Section 5 General Obligations
G Section 6 Engineer’s Powers and Responsibilities
G Section 7 Indemnity
G Section 8 Insurance
G Section 9 Variations
G Section 10 Time for Completion
G Section 11 Defects Liability
G Section 12 Payments
G Section 13 Disputes
G Section 15 Service of Notices
G Schedule 14 Agreement in respect of off-site Materials
INDEX
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AS/NZS 4911:2003 A1
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General Conditions of Contract
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 The Contract
2.1 Type of Contract
2.2 Lump sum contract
2.3 Cost reimbursement contract
2.4 Local authority contracts, contracts in public places, and road contracts
2.5 Evidence of Contract
2.6 Documents prepared by the Engineer or Principal
2.7 Documents prepared by the Contractor
2.8 Assignment
2.9 No waiver
3 Bonds
3.1 Contractor’s Bond
3.2 Principal’s Bond
4 Subcontracts
4.1 General
4.2 Nominated Subcontractors
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 Intellectual property
5.13 Underground and above-ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Safety plan
5.18 Quality plan
5.19 Traffic management plan
5.20 As-built drawings and operation and maintenance manuals
5.21 Advance notification
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 Engineer may instruct urgent work
7 Indemnity
7.1 Indemnity
8 Insurance
8.1 General
8.2 Contractor arranged insurances – General
8.3 Contractor arranged construction insurance
8.4 Contractor arranged Plant insurance
8.5 Contractor arranged public liability insurance
8.6 Contractor arranged professional indemnity insurance
8.7 Principal arranged insurances – General
8.8 Principal arranged construction insurance
8.9 Principal’s option to insure public liability
9 Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
10 Time for Completion
10.1 Commencement
10.2 Due Date for Completion
10.3 Extension of time
10.4 Practical Completion Certificate
10.5 Damages for late completion
10.6 Bonus for early completion
10.7 Occupancy by the Principal
11 Defects Liability
11.1 Defects Notification Period
11.2 Remedying of defects
11.3 Final Completion Certificate
11.4 Effect of Final Completion Certificate
11.5 Warranties
11.6 Guarantees
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 Provisional Items
12.11 Prime Cost Sums
12.12 Contingency sums
12.13 Goods and services tax
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
14 Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
15 Service of Notices
15.1 General
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
APPENDIX B – CONTRACTS IN PUBLIC PLACES AND ROAD CONTRACTS
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
Schedule 1 – Special Conditions of Contract – Specific Conditions of Contract
Schedule 2 – Special Conditions of Contract – Other Conditions of Contract
Schedule 3 – Form of Contractor’s performance bond
Schedule 4 – Form of Principal’s bond
Schedule 5 – Form of Contractor’s bond in lieu of retentions
Schedule 6 – Form of Producer Statement – Construction
Schedule 7 – Information on Contractor arranged construction insurance
Schedule 8 – Information on Contractor arranged Plant insurance
Schedule 9 – Information on public liability insurance
Schedule 10 – Information on Contractor arranged motor vehicle insurance
Schedule 11 – Information on Contractor arranged professional indemnity insurance
Schedule 12 – Information on Principal arranged construction insurance
Schedule 13 – Form of Contractor (or Subcontractor) warranty
Schedule 14 – Agreement for off-site Materials
Schedule 15 – Practical Completion Certificate
Schedule 16 – Final Completion Certificate
Schedule 17 – Deed of novation
CONDITIONS OF TENDERING
101 Interpretation
102 Issue of documents
103 Tenderers to inform themselves
104 Ambiguities in Tender Documents
105 Submission of tenders
106 Acceptance of tender
107 Tender evaluation
108 Notification of acceptance
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
G Contract Agreement
G Section 1 Interpretation
G Section 2 The Contract
G Section 3 Bonds
G Section 4 Subcontracts
G Section 5 General Obligations
G Section 6 Engineer’s Powers and Responsibilities
G Section 7 Indemnity
G Section 8 Insurance
G Section 9 Variations
G Section 10 Time for Completion
G Section 11 Defects Liability
G Section 12 Payments
G Section 13 Disputes
G Section 15 Service of Notices
G Schedule 14 Agreement in respect of off-site Materials
INDEX
NZS 3916:2013
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.