Contracts for Ministry-led property projects

Access contracts for use when purchasing construction works or consultancy services in Ministry-led property procurement projects.

Level of compliance Main audience Other

Required

  • Project Managers
  • Property Managers
  • Principals and Tumuaki
  • Boards
  • Proprietors

These contracts must be used by project managers working for the Ministry in all Ministry-led school property projects. 

Overview

The contracts on this page have been written to ensure that the commercial terms are appropriate for use in Ministry-led school property projects. They must be used in Ministry-led property projects without any amendments to the special provisions.

See the page below for contracts for use in school-led projects.

Contracts for school-led property projects and maintenance

Definition of terms

Role Description

Principal

 

The Principal to a contract is the legal entity that is entering into the contract. This will be the Ministry.

 

This is not the principal of a school.

 

Contractor

 

The legal entity that is entering into the contract as the supplier.

 

Engineer

 

Engineers are appointed by the contract’s Principal in a construction works contract to administer the running of the contract on their behalf. They:

  • act as agent to the Principal
  • provide directions to the Contractor on behalf of the Principal
  • certify money due to the Contractor.

 

They have a duty to act independently of the Principal and Contractor. They must be fair and impartial when making decisions and issuing certificates.

 

They might be a professional engineer, architect, surveyor or project manager.

 

An Engineer must be appointed for Major Works contracts. They are not required for Minor or Medium Works.

 

Construction works contracts

Contract value $5,000 to $99,999 (ex. GST and disbursements)

The Minor Works contract must be used for low-value construction projects.

Template - Minor Works Contract 2022 (Ministry-led projects) [PDF, 309 KB]

This is an example template only.

Contract value $100,000 to $999,999 (ex. GST and disbursements)

The Medium Works contract must be used for medium-value construction projects.

Template - Medium Works Contract 2022 (Ministry-led projects) [PDF, 640 KB]

This is an example template only.

Contract value $1,000,000 and above (ex. GST and disbursements)

The Major Works contract must be used for high-value construction projects.

The contract is based on the construction industry standard NZS 3910:2013 contract with Ministry Special Conditions.

Template - Major Works Contract 2022 [PDF, 927 KB]

This is an example template only.

Consultancy services contracts

Contract value up to $50,000 (ex. GST and disbursements)

Consultancy services that are valued at less than $50,000 are typically low in their complexity.

Template – Short Form Agreement of Consultant Engagement (Ministry-led projects) [PDF, 370 KB]

This is an example template only.

Contract value $50,000 and above (ex. GST and disbursements)

Consultancy services that are valued at $50,000 and above are typically of higher complexity.

Template – MOE Conditions of Contract for Consultancy Services [PDF, 339 KB]

This is an example template only.

Cost Fluctuation Calculators

Now that the market is starting to become more stable - cost fluctuations within the non-residential construction market are forecast to return to pre-COVID levels - the Ministry is returning to fixed lump sum as the default pricing approach.

For the reference of our suppliers that are still on, or have already been awarded with, a contract with cost fluctuation provisions, we will continue to update the cost fluctuation calculators on this page every quarter based on Stats NZ's latest Labour Market Statistics and Business Price Indexes. 

For Medium Works Ministry-led projects

Fluctuations Calculator - Medium Works Contracts [XLSX, 107 KB]

Guidance Document - Cost Fluctuation Provisions for Medium Works [PDF, 542 KB]

For Major Works Ministry-led projects

Fluctuations Calculator - Major Works & Design and Construct Contracts [XLSX, 111 KB]

Guidance Document - Cost Fluctuation Provisions for Major Works & Design and Construct [PDF, 654 KB]

If you have questions, email TPHM.Commercial@education.govt.nz

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