Contracts for school-led property projects and maintenance

Access contracts for use when purchasing construction works, consultancy services or property maintenance services in school-led property projects.

Level of compliance Main audience Other

Required

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

These construction works and consultancy services contracts must be used by all schools in all school-led property projects. For property maintenance services, it is recommended that schools use the contract templates provided.

Overview

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

See the page linked below to access contracts for use in Ministry-led projects.

Contracts for Ministry-led property projects

Role Description

Principal

 

The Principal to a contract is the legal entity that is entering into the contract. This will be the school's board.

 

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 (School-led projects) [DOCX, 84 KB]

Also access the supporting document below.

Guidance Note - Minor Works Contract [PDF, 120 KB]

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 (School-led projects) [DOC, 467 KB]

Also access the supporting document below.

Guidance Note - Medium Works Contract [PDF, 142 KB]

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 [DOCX, 331 KB]

Also access the supporting document below.

Guidance Note - Major Works Contract [PDF, 141 KB]

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. The contract below must be used for their purchase.

MOE Short Form Agreement for Consultant Engagement - Template [DOCX, 48 KB] (Last updated July 2020)

Also access the supporting documents below.

MOE Short Form Model Conditions of Engagement [PDF, 656 KB] (Last updated May 2019)
MOE Short Form Agreement for Consultant Services - Guidance Note [PDF, 483 KB] (Last updated October 2020)

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. The contract below must be used for their purchase.

MOE Form of Agreement for Consultancy Services [DOC, 209 KB] (Last updated October 2020)

Also access the supporting documents below.

MOE Conditions of Contract for Consultancy Services [PDF, 626 KB] (Last updated May 2019)
MOE Conditions of Contract for Consultancy Services - Guidance Note [PDF, 487 KB] (Last updated May 2019)
MOE Conditions of Contract for Consultancy Services IIA and IIB [PDF, 389 KB] (Last updated May 2019)

Project management contracts 

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

The contract below is suitable for project management services, separate from any other consultancy work.

MOE Short Form Agreement for Consultant Engagement - Template [DOCX, 48 KB] 

Also access the supporting documents below.

MOE Project Management Specification of Services (under $50,000) [DOC, 272 KB]
MOE Conditions of Contract (under $50,000) - Guidance Note [DOC, 266 KB]
MOE Short Form Model Conditions of Engagement [PDF, 656 KB]

Maintenance works contracts

Schools can use the templates below when purchasing maintenance services.

One-off maintenance — Contract template [DOCX, 77 KB]
Ongoing maintenance — Contract template [DOCX, 76 KB]

The contract templates cover:

  • the Ministry’s minimum requirements for health and safety
  • minimum requirements for accessing areas where children are present
  • conditions to ensure the provision of quality services.

One-off examples of maintenance work may be painting or gutter cleaning.

Examples of ongoing maintenance work may be annual building wash downs or scheduled lawn mowing.

Guidelines for valuing COVID-19 project variation claims 

These guidelines are intended for all internal and external project leads for school property projects to ensure a fair, equitable and consistent approach to the valuing of construction variation claims arising from the Government’s regulatory response to COVID-19.

Since March 2020, the New Zealand construction sector has been dealing with the impacts of the ongoing COVID-19 pandemic. The Ministry of Education has created a process for main contractors and consultants to recover time and/or additional costs resulting from the pandemic. There are ongoing impacts and costs affecting construction projects. Material shortages and price increases that have the potential to delay and significantly increase school property project costs are becoming more prevalent. The Ministry’s COVID-19 variation process is available to support construction projects that are experiencing cost impacts relating to the ongoing COVID-19 situation.

To provide confidence and certainty to the construction sector, it is important that Government agencies adopt a consistent approach. This guidance document was developed to help project teams working on Ministry projects review the legal and commercial issues associated with the pandemic. It applies to standard NZS 3910:2013 contracts and the Ministry’s Medium and Minor works variants.

There are two proforma templates – one for main contractors and one for consultants. Please make sure you are using the correct template for your claim.

If you are unsure about how this guidance applies to any of your individual contracts, please seek further guidance by contacting COVID19Variations@education.govt.nz.

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