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NewZealand Standards
NewZealand Standards
COMMITTEE REPRESENTATION
This Standard was prepared by Technical Committee P 3915 for the Standards
Council established under the Standards Act 1988.
ACKNOWLEDGEMENT
Standards New Zealand gratefully acknowledges the contribution of time
and expertise from all those involved in developing this Standard.
© COPYRIGHT
The copyright of this document and the electronic copy supplied on CD is the
property of the Standards Council. No part of it, except the Schedules
numbered 1 to 13 and the Schedule to Conditions of Tendering, may be
reproduced by photocopying or by any other means without the prior written
approval of the Chief Executive of Standards New Zealand unless the
circumstances are covered by Part III of the Copyright Act 1994.
Standards New Zealand will vigorously defend the copyright in this Standard.
Every person who breaches Standards New Zealand’s copyright may be
liable to a fine not exceeding $50,000 or to imprisonment for a term not to
exceed three months. If there has been a flagrant breach of copyright,
Standards New Zealand may also seek additional damages from the infringing
party, in addition to obtaining injunctive relief and an account of profits.
AMENDMENTS
2
NZS 3915:2005
ISBN 1-86975-027-6
NOTES
NZS 3915:2005 CONTENTS
CONTENTS PAGE
Section
1 INTERPRETATION ................................................................................. 9
1.1 Application ................................................................................... 9
1.2 Definitions .................................................................................... 9
1.3 General ...................................................................................... 12
1.4 Law, currency and language ..................................................... 12
1.5 Computation of time .................................................................. 12
4 SUBCONTRACTS ................................................................................. 19
4.1 General ...................................................................................... 19
4.2 Nominated Subcontractors ........................................................ 19
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CONTENTS NZS 3915:2005
7 INDEMNITY ........................................................................................... 32
7.1 Indemnity ................................................................................... 32
8 INSURANCE ......................................................................................... 33
8.1 Contractor to insure Contract Works and Materials .................. 33
8.2 Contractor to insure Contractor’s construction machinery ........ 34
8.3 Contractor to insure against public liability risks ....................... 34
8.4 Professional indemnity insurance for Contractor’s design ........ 35
8.5 Contractor’s insurance – General ............................................. 35
8.6 Principal’s option to insure Contract Works and Materials ....... 36
8.7 Principal’s option to insure public liability .................................. 37
8.8 Principal’s insurances – General ............................................... 37
9 VARIATIONS ......................................................................................... 38
9.1 Variations permitted ................................................................... 38
9.2 Variation orders ......................................................................... 38
9.3 Valuation of Variations .............................................................. 39
9.4 Daywork ..................................................................................... 41
9.5 Unforeseen physical conditions ................................................ 41
12 PAYMENTS ........................................................................................... 48
12.1 Contractor’s payment claims ..................................................... 48
12.2 Progress Payment Schedules ................................................... 48
12.3 Retention monies ....................................................................... 49
12.4 Final payment claim ................................................................... 50
12.5 Final Payment Schedule ........................................................... 50
12.6 Effect of Final Payment Schedule ............................................. 51
12.7 Interest ....................................................................................... 51
12.8 Cost fluctuations ........................................................................ 52
12.9 Provisional Sums ....................................................................... 52
12.10 Prime Cost Sums ....................................................................... 52
12.11 Contingency sums ..................................................................... 53
12.12 Goods and services tax ............................................................. 53
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NZS 3915:2005 CONTENTS
13 DISPUTES ............................................................................................. 54
13.1 General ...................................................................................... 54
13.2 Appointment and determination of Expert ................................. 54
13.3 Mediation ................................................................................... 54
13.4 Arbitration .................................................................................. 55
13.5 Suspension during dispute ........................................................ 56
13.6 Award of interest ........................................................................ 56
Appendix
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CONTENTS NZS 3915:2005
GUIDELINES
Section
6 COPYRIGHT
NZS 3915:2005 REFERENCED DOCUMENTS
REFERENCED DOCUMENTS
NZS 3910:1998 Conditions of contract for building and civil engineering construction
NZS 3910:2003 Conditions of contract for building and civil engineering construction
NZS 3915:2000 Conditions of contract for building and civil engineering construction
(where no person is appointed to act as Engineer to the contract)
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FOREWORD NZS 3915:2005
FOREWORD
NZS 3915:2005 Conditions of contract for building and civil engineering construction (where no
person is appointed to act as Engineer to the contract) was developed to provide a standard contract
form for the situation where the client (Principal) administers the contract directly.
NZS 3915:2005 was based on NZS 3910:1998 Conditions of contract for building and civil
engineering construction and altered to accommodate not having an “Engineer” administer the
contract.
In 2003, Standards New Zealand published a revision of NZS 3910. NZS 3910:2003 included
important changes to Sections 12 and 13 to make it compatible with the Construction Contracts Act
2002. Changes were made to the insurance provisions to more closely reflect the realities of the
insurance market in the light of advice from the insurance industry. Changes were also made to
provide for the Contractor having design responsibility, or being required to obtain pre-construction
consent documentation under the Building Act. There were also some other minor changes to the
document.
NZS 3915:2005 has been revised with the objective of aligning its intent and content with
NZS 3910:2003, while still providing for the client (Principal) to administer the contract directly
without an engineer, architect, surveyor or the like acting as the “Engineer” carrying out the
administrative role as provided for in NZS 3910.
REVIEW OF STANDARDS
Suggestions for improvement of this Standard will be welcomed. They should be sent to the Chief
Executive, Standards New Zealand, Private Bag 2439, Wellington.
8 COPYRIGHT
NZS 3915:2005 SECTION 1 – INTERPRETATION
FOREWORD
SECTION 1 – INTERPRETATION
1.1 Application
1.1.1 This Section shall apply to the Contract Documents except where inconsistent with the context.
1.2 Definitions
CONTRACT AGREEMENT means the written agreement for the fulfilment of the contract signed by the
Principal and the Contractor.
CONTRACT DOCUMENTS means the Contract Agreement and the documents referred to in and forming
part of the Contract Agreement or the documents, which constitute the contract under 2.7.1.
CONTRACT PRICE means the sum named in the Contract Documents as payable for the completion of the
Contract Works subject to such adjustments as are provided for in the Contract Documents.
CONTRACT WORKS means the works including Temporary Works to be executed in accordance with the
contract.
CONTRACTOR means the Person whose tender has been accepted by the Principal or the Person who has
been so named in the Contract Documents, and includes the executors, administrators, and successors of
the Contractor.
COST includes expense or loss and overhead cost whether on or off the Site.
DATE OF ACCEPTANCE OF TENDER means the date on which the successful tenderer is notified in
writing that its tender is accepted.
DRAWINGS means the Drawings included in the Contract Documents together with any additions to, or
modification of such Drawings approved and notified to the Contractor and such other Drawings as may from
time to time be supplied by the Principal to the Contractor for the purpose of the contract. Drawings also
include those that have been prepared by, or on behalf of the Contractor, and which have fulfilled any
requirement in the Contract Documents for preparation and review of such Drawings prior to their issue for
construction.
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NZS 3915:2005 Conditions of contract for building and civil
engineering construction (where no person is appointed to act as
engineer to the contract)