Pu
rp
os
es
O
nl
y
New Zealand
Institute of Architects
Incorporated
NZIA SCC 2014
The Principal
<Principal>
Fo
rE
du
ca
tio
na
l
Between
And
The Contractor <Contractor>
For
Contract
<Contract>
At
Location
<Location>
Architect:
<Architect Practice>
Postal: <Postal address>
Street: <Street address>
Telephone: <Telephone>
Email: <Email>
About this contract
Telephone: 0-9-623 6080
Email:
profservices nz a.co.nz
Web:
www.nzia.co.nz
O
Level 5, Zurich House, 21 Queen Street, Auckland 1010, New Zealand
PO Box 2516, Shortland Street, Auckland 1140, New Zealand
es
Street:
Postal:
nl
y
This NZIA Standard Conditions of Contract document (NZIA SCC 2014) is published by the New
Zealand Institute of Architects Incorporated. You can obtain further information from:
New Zealand Institute of Architects
We acknowledge the following:
Pu
rp
os
This NZIA Standard Conditions of Contract document has been negotiated with and is endorsed by
the New Zealand Registered Master Builders Federation of NZ Inc.
The substantial commitment made by the NZIA members of the NZIA - RMBF Joint Contracts
Committee, Malcolm Bowes, Tom Dixon, Norrie Johnson, Tim Melville, Phillipa Nihotte, Graham
Crust and Aaron Sills.
du
ca
tio
na
l
The substantial commitment made by the members of the Registered Master Builders Federation
Technical Advisory Committee, and the RMBF members of the NZIA — RMBF Joint Contracts
Committee, Robert Finley, John Hale and Grant Pemberton
@ 2014 New Zealand Institute of Architects Incorporated
This document may only be used by an NZIA Practice currently holding an annual Architects
Document Set License.
It must not be copied, stored in any kind of information retrieval system, or reproduced in any form
by any individual organisation without the express authority of a Principal of such NZIA Practice.
Fo
rE
First Edition Published March 2014 in electronic working and reference formats
Contract Agreement
This agreement is for
<Contract>
Location:
<Physical Address>
nl
y
Contract:
This Agreement is between
The Contractor:
<Contractor>
The Principal:
O
and
<Principal Name>
for
$<Contract price in dollars eg 0.00> (excluding Goods and Services Tax)
<Contract price in words>
Pu
rp
os
(excluding Goods and Services Tax)
es
Contract Price:
It is agreed as follows:
1. The Contractor will carry out the obligations imposed on the Contractor by the Contract Documents.
2.
The Principal will pay the Contractor the Contract Price or such greater or lesser sum as will become payable
under the Contract Documents together with Goods and Services Tax at the times and in the manner provided
in the Contract Documents.
3.
Each party will carry out and fulfil all other obligations imposed on that party by the Contract Documents.
du
ca
tio
na
l
Contract Documents:
The Contract Documents are this Schedule Al Contract Agreement and the following which form part of this
Contract:
Principal's letter of acceptance
Dated: <date>
Post Tender correspondence
<Type Post Tender Correspondence here>
The Tender
Contractor's Tender Submissions dated <date> as attached.
Contractor's Tender Summary dated <date> as attached.
rE
Notices to Tenderers
Notice to tenderer 01 <Type here> dated <date>
Fo
The following Schedules form this Contract:
0 NZIA SCC:2014
Schedule Al
Contract Agreement
Schedule B1
Specific Conditions of Contract
Schedule B2
Special Conditions of Contract
Schedule Cl
Fluctuations in Cost
Schedule C2
Schedule of Quantities
Schedule D1
Contractor's Performance Bond
Schedule D2
Principal's Bond
Schedule D3
Contractor's Bond in lieu of Retentions
Schedule El
Contractor's advice of achieving Practical Completion
Schedule E2
Producer Statement - Construction
Schedule E3
Practical Completion Certificate
Schedule Al Contract Agreement and Contract Documents - Page I of 2
Contract Agreement
Defects Liability Certificate
Schedule Fl
Specific Conditions of Insurance
Schedule F2
Confirmation of Insurance - Contract Works
Schedule F3
Confirmation of insurance - General (Public) Liability
Schedule F4
Confirmation of Insurance Motor Vehicle Third Party Liability
nl
y
Schedule E4
Confirmation of Insurance - Construction Plant and Equipment
Schedule F6
Confirmation of Insurance — Contractor Arranged Professional
Indemnity Insurance
Schedule G1
Warranty Agreement
Schedule G2
Security for off Site goods or materials
es
Pu
rp
os
The following additional documents:
O
Schedule F5
<Type additional documents here>
NZIA Standard Conditions of Contract SCC:2014
Specifications issued prior to the date of acceptance of Tender
Drawings issued prior to the date of acceptance of Tender
This Contract Agreement is signed by the Contractor
Name:
Date:
du
ca
tio
na
l
Signed by:
Print name of person authorised to sign
This Contract Agreement is signed by the Principal
Signed by:
Print name of person authorised to sign
Fo
rE
Name:
Date:
NZIA SCO2014
Schedule Al Contract Agreement and Contract Documents - Page 2 of 2
Specific Conditions of Contract
<Principal>
Street Address:
<Street address>
Postal Address:
<Postal address>
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
O
Principal:
nl
y
Principal
<Person>
<Street address>
Postal Address:
<Postal address>
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
Pu
rp
os
Person:
Street Address:
es
Principal's representative
Principal's address for submission of Payment Claims
Street Address:
<Street address>
Postal Address:
<Postal address>
E-mail:
<Email>
du
ca
tio
na
l
Contractor
Contractor:
<Contractor>
Street Address:
<Street address>
Postal Address:
<Postal address>
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
Architect
Practice:
<Practice>
<Street address>
Postal Address:
<Postal address>
E-mail:
rE
Street Address:
<Email>
Person:
<Person>
Telephone:
<Telephone>
Mobile:
<Mobile>
Fo
Architect's representative
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
Quantity Surveyor
Where there is a Schedule of Quantities, Schedule C2 applies and the Quantity Surveyor is:
Practice:
<Practice>
Person:
<Person>
Street Address:
<Street address>
Postal Address:
<Postal address>
ONZIA SCC:2014
Schedule B1 Specific Conditions of Contract— Page 1 of 5
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
Type of Contract:
Lump Sum Contract
nl
y
Specific Conditions of Contract
O
Lump sum Contract with monetary allowances
Lump Sum Contract with a Schedule of Quantities
es
Other
Contract Documents
Clause 2.1
Pu
rp
os
The Architect must provide to the Contractor the following copies of the Contract
Documents
Description
Drawings
Other
# of copies provided Additional Copies Costs
Full size:
<# of copies>
Reduced size:
<# of copies>
Electronic:
<# of copies>
Specifications:
<# of copies>
Other documents:
<# of copies>
Contractor's performance bond
du
ca
tio
na
l
Clause 3.1
A Contractor's performance bond is not required.
A Contractor's performance bond is required
Amount of Bond: $
Form of Bond: Schedule D1 Contractor's Performance Bond
Clause 3.3
Contractor's bond in lieu of retentions
A Contractor's bond in lieu of retentions is not acceptable.
A Contractor's bond in lieu of retentions is acceptable.
Amount of Bond: $
Principal's bond
A Principal's bond is not available.
Clause 4.7
Documentation required at Practical Completion
Fo
Clause 3.5
rE
Form of Bond: Schedule D3 Contractor's Bond in lieu of Retentions
A Principal's bond is available.
Amount of Bond: $
Form of Bond: Schedule D2 Principal's Bond
Warranties and other information required from the Contractor which are essential for the
Principal's use of the Contract Works.
<Type detail here>
Documentation required for Certificate For Public Use application.
Documentation required for Code Compliance Certificate application.
Clause 7.1
Site possession date
Time after notification of acceptance of Tender/date for Principal to give possession of
the Site to the Contractor.
ONZIA SCC:2014
Schedule B1 Specific Conditions of Contract— Page 2 of 5
Specific Conditions of Contract
Clause 8.1
Principal supply items
The Principal is not supplying any items for inclusion in the contract Works.
nl
y
The Principal is supplying the following items for inclusion in the contract Works.
<Type detail here >
Clause 8.3
Nominated subcontractors
O
The Principal is not nominating any subcontractor to carry out any work or to provide
goods or services.
es
The Principal is nominating the following subcontractor to carry out the following work on
the Site or to provide the following goods or services.
Clause 8.4
Separate contractors
Pu
rp
os
<Type detail here>
The Principal is not engaging any other people to carry out any work
The Principal is engaging the following separate contractors to carry out the following
work on the Site.
<Type detail here>
Clause 8.6
Contractor's design
The Contractor must carry out design work for the following items.
<Type detail here>
Prime Cost Sums
du
ca
tio
na
l
Clause 10.1
There are no Prime Cost Sums included in this Contract.
There are Prime Cost Sums included in this Contract. They are listed in the Tender
Summary.
Clause 10.1
Provisional Sums
There are no Provisional Sums included in this Contract.
There are Provisional Sums included in this Contract. They are listed in the Tender
Summary.
Clause 10.2
Contingency Sum
rE
There are no Contingency Sums included in this Contract.
Fo
Clause 11.2
Clause 11.3
There are Contingency Sums included in this Contract. They are listed in the Tender
Summary.
Time for completion
Time from date Contractor is given possession of the Site for Contractor to achieve
Practical Completion of the Contract Works:
Time/Date: <Time/Date>
Construction programme
The Contractor is to supply the construction programme:
Time: <# of> Working Days after notice of acceptance of Tender.
Date: <Date>
Clause 12.1
Contractor's advice of achieving Practical Completion
A Contractor's Advice of Achieving Practical Completion is required. The form for this is
Schedule El. Contractor's advice of achieving Practical Completion.
A Contractor's Advice of Achieving Practical Completion is not required.
ONZIA SCC:2014
Schedule B1 Specific Conditions of Contract— Page 3 of 5
Specific Conditions of Contract
A Producer Statement - Construction is required. The form for this is Schedule E2.
Producer Statement - Construction
Clause 12.3
nl
y
A Producer Statement - Construction is not required.
Separate Sections
The work is to be completed in the following Separate Sections.
Clause 13.1
Defects Notification Period
3 months
Fluctuations
Pu
rp
os
Clause 14.1.2
es
<Type here or delete row if not required>
O
There are no Separate Sections.
Fluctuations are not allowed.
Fluctuations are allowed.
Fluctuations in cost will be calculated on the basis of assessment by verification as set
out in Schedule Cl Fluctuations in Cost. For the purpose of verifying fluctuations the
Quantity Surveyor is:
<Practice>
Person:
<Person>
Street Address:
<Street address>
du
ca
tio
na
l
Practice:
Clause 14.1.2
Postal Address:
<Postal address>
E-mail:
<Email>
Telephone:
<Telephone>
Mobile:
<Mobile>
Off Site Payments
Offsite payments are not allowed.
Offsite payments are allowed but only for the following:
<Type detail here>
Fo
rE
Clause 14.2.3
Clause 14.10
Retentions
10% of the first $200,000.00; plus
5% of the next $800,000.00; plus
1.75% of any amount in excess of $1,000,000.00
Maximum $200,000.00
Release of Retentions
40% of the retentions are payable when Practical Completion has been achieved.
Liquidated damages
Liquidated damages do not apply to this Contract.
Liquidated damages apply to this Contract
Rate: $<Enter 0.00 here or delete row if not required> per calendar day.
Clause 14.11
Bonus for early completion
There is no bonus for early completion.
Bonus for achieving Practical Completion before the due date for completion.
(DNZIA SCC:2014
Schedule 61 Specific Conditions of Contract— Page 4 of 5
Specific Conditions of Contract
Amount: $<Enter 0.00 here or delete row if not required> per calendar day excluding
Goods and Services Tax..
Clause 15.1
nl
y
Maximum amount: $<Enter 0.00 here or delete row if not required> excluding Goods and
Services Tax.
Final Payment Claim
O
Time after Practical Completion for the Contractor to submit the final Payment Claim.
Time/Date: Three months from the date of achieving Practical Completion.
Appointment of an arbitrator
es
Clause 17.5
President of the Arbitrators and Mediators Institute of New Zealand Inc.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
Registrar of the Building Disputes Tribunal (NZ) Limited
©NZIA SCC:2014
Schedule B1 Specific Conditions of Contract— Page 5 of 5
Special Conditions of Contract
There are no Special Conditions of Contract
The following Special Conditions of Contract modify the standard conditions:
<Type detail here>
nl
y
Clause <#>
Delete Clause <Enter # here> and replace with the following:
Add the following to Clause <Enter # here>
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
O
<Type detail here>
ONZIA SCC:2014
Schedule 82 Special Conditions of Contract— Page 1 of 1
Fluctuations in Cost
1.
Basic Costs
Decreases in Cost
O
2.
nl
y
Where allowed the Contractor may submit a Statement of Fluctuations on those items or materials for which
the Contractor has submitted the Basic Costs in a manner approved by the Architect. The Contractor must
satisfy the Architect that the Basic Cost submitted for each item for which the Fluctuation is claimed is
accepted to qualify for inclusion as a Fluctuation.
•
provide those details in its Statement of Fluctuations; or-
•
claim Fluctuations in the Basic Costs.
es
The Architect may prepare a statement covering Fluctuations which result in a decrease in costs if the
Contractor fails to:
3.
Other changes in Costs
Pu
rp
os
The statement prepared by the Architect, must be included in the Architect's next Payment Schedule. The
statement must be verified by a Quantity Surveyor.
Fluctuations can be claimed, for any increase or decrease in cost arising from changes in government, local
or other authority fees or charges from the Tender date if not otherwise provided for under the Contract.
These Fluctuations must be claimed in the same manner as Fluctuations in Basic Costs.
4.
Alternative methods
5.
du
ca
tio
na
l
If the Architect agrees, the Contractor may use a different method to that described in clause 1 for
calculating Fluctuations for labour or any items of material.
Statement of fluctuations for Basic Costs
A Statement of Fluctuations for Basic Costs must include:
•
the materials affected and the dates of purchase; and
•
the dates the Fluctuations occurred; and
•
prices of materials and the Fluctuations on them; and
•
a statement that the materials were used in the Contract Works.
Add to the above amount the percentages described in clauses 8 and 9. The total of these amounts must
be included in the Statement of Fluctuations.
6.
Verification
Fo
rE
Each Statement of Fluctuations must be verified by a Quantity Surveyor who is a Registered Quantity
Surveyor and a current Member of the New Zealand Institute of Quantity Surveyors, who is approved by the
Architect and is not an employee of the Contractor, unless the Architect notifies the Contractor to the
contrary. The Quantity Surveyor must state that, to the best of the Quantity Surveyor's knowledge and
belief, the Statement of Fluctuations is fair and reasonable and that the labour and materials included were
used in the Contract Works. Alternatively, each Statement of Fluctuations can be verified by a member of
the Society of Accountants who is approved by the Architect and is not an employee of the Contractor,
unless the Architect notifies the Contractor to the contrary.
7
Time for claim
All claims for Fluctuations must be made within 3 months of the date of the submission of the Payment
Claim in which the Basic Costs to which the Fluctuations relate were included. No claim for Fluctuations will
be accepted after the Contractor applies for approval of the Contractor's final Payment Claim.
8.
Margin for subcontractors
A margin of 5% is to be added to the amounts of the Fluctuations in Basic Costs in respect of
subcontractors, as described in clause 5. This is to cover all related costs of the subcontractor.
©NZIA SCC:2014
Schedule Cl Fluctuations in Cost— Page 1 of 2
Fluctuations in Cost
9.
Contractor's cost recovery
10.
O
nl
y
Ten percent is to be added to the amounts of the Fluctuations for the Contractor's Basic Costs (which
include the Basic Costs of subcontractor, including margins added as described in clause 8) for the first 12
months of the Contract. This is to cover all related costs of the Contractor, including the cost of verification
required by clause 6. An amount of 11% is to be added to the amounts of the Fluctuations in regard to the
Contractor's Basic Costs for the second 12 months of the Contract. After that an amount of 12% is to be
added for each subsequent 12 months of the Contract.
Labour
11.
After time for Practical Completion
Pu
rp
os
es
The Contractor can claim Fluctuations for labour costs in a manner approved by the Architect. Fluctuations
for labour costs must be claimed on the basis of proportional movements of the Labour Cost Index: All
salary and wages rates, applied to the Contractor's certified payrolls including wages, allowances and
salaries of personnel employed by the Contractor on the Contract Works. The base rate shall be that
applying for the quarter during which the Tender was submitted.
Fluctuations in Basic Costs which occur after the date on which Practical Completion is achieved must be
calculated on the basis of rates applying on the date upon which Practical Completion should have been
achieved.
12.
Supporting information
13.
du
ca
tio
na
l
The Contractor must give the Architect any information about Basic Costs and Fluctuations that the
Architect may require.
Indices
Fo
rE
If at any time the index referred to in clause 10 is no longer published by the Department of Statistics, or if
the basis of the index is materially changed, the adjustment shall thereafter be calculated by using such
other index, or in such other manner, as will fairly reflect changes as previously measured by the index.
ONZIA SCC:2014
Schedule Cl Fluctuations in Cost— Page 2 of 2
Schedule of Quantities
This Schedule is used where the Principal has provided a schedule of quantities to the Contractor as part of the
Tender documents.
1.
Contractor to supply priced schedule of quantities
nl
y
The Contractor must supply to the Architect the schedule of quantities, fully priced, extended and added to
equal the Contract Price stated in the Contract Agreement.
es
O
1.1 The Architect may notify the Contractor of any rates in the schedule of quantities which are
unacceptable to the Architect. The Architect must do this within 10 Working Days of receiving the priced
schedule of quantities. The Architect and Contractor must then, within 10 Working Days, endeavour to
agree on fair and reasonable revised rates to the schedule of quantities. However, the revised schedule
of quantities must still add up to the Contract Price stated in the Contract Agreement.
Pu
rp
os
1.2 The Contractor must notify the Architect straight away of any error or omission the Contractor becomes
aware of in the Contractor's pricing, extension or addition in the schedule of quantities. The Architect
and Contractor must then, within 10 Working Days, endeavour to agree on any change to the pricing,
extension or addition in the schedule of quantities. However, the revised schedule of quantities must
still add up to the Contract Price stated in the Contract Agreement. The Contract Price will not be
adjusted for any error or omission by the Contractor, or any subcontractor, in the pricing, extension or
addition of the schedule of quantities.
1.3 The Contractor is not entitled to payment until the Contractor has supplied to the Architect the relevant
priced and extended section of the schedule of quantities.
2.
Quantity surveyor
du
ca
tio
na
l
The Quantity Surveyor is the Person named as the Quantity Surveyor in Schedule B1 Specific Conditions of
Contract or a successor appointed by the Principal.
2.1 The Quantity Surveyor is the Architect's representative on matters relating to the schedule of quantities,
as authorised by the Architect.
2.2 If the Quantity Surveyor stops being the Quantity Surveyor, the Principal must appoint a new Quantity
Surveyor and notify the Contractor of the new Quantity Surveyor as soon as possible.
4.
Use of schedule of quantities
The schedule of quantities is a Contract Document. It must be used in assessing Variations and for
assessing Payment Claims in relation to the extent of the Contract Work carried out. The Architect may
require the Contractor to include in the Contractor's Payment Claim details of the extent and the value of
Contract Work done related to the numbered items in the schedule of quantities.
5.
Discrepancies in a measurement in the schedule of quantities
rE
The Architect or Contractor may require a re-measure of a section of the schedule of quantities if an error or
omission is discovered in the schedule of quantities which is sufficiently substantial to call into question the
accuracy or quantity of that particular section or part of a section of the schedule of quantities. If a remeasure is required then the Architect must arrange for the Quantity Surveyor to carry out and deliver to the
Contractor and the Architect the re-measured section of the schedule of quantities.
Fo
5.1 If the Contractor required the re-measure, and the Quantity Surveyor has not made an error or omission
in the schedule of quantities, then the Quantity Surveyor's fees must be paid by the Contractor. In all
other cases the Quantity Surveyor's fees for the re-measure will be paid by the Principal.
5.2 If a discrepancy is found to exist, the Architect will issue a Direction to resolve the discrepancy. If the
Architect is satisfied that a significant error has occurred, it will be adjusted in the same manner as a
Variation.
©NZIA SCC:2014
Schedule C2 Schedule of Quantities— Page 1 of 1
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
Bond Sum:
$<0.00>
nl
y
Contractor's Performance Bond
Date:
O
This Deed is made on
<Date>
Contractor:
es
by
<Contractor>
and
Sureties:
<Sureties>
of:
It is made in the following circumstances:
Pu
rp
os
of:
The Contractor has entered into a Contract with the Principal to carry out and fulfil the obligations imposed on the
Contractor by the Contract.
The Contract requires the Contractor to provide the Principal with security in the form of a bond to ensure
performance of the Contractor's obligations under the Contract.
du
ca
tio
na
l
By this deed
1.
The Contractor and sureties are jointly and severally held and bound to the Principal in the bond sum and
bind themselves, their successors and assigns jointly and severally for the payment of that sum.
2.
The condition of this bond is that it will be null and void if:
the Contractor duly carries out and fulfils all the obligations imposed on the Contractor by the Contract
Documents prior to the commencement of the Defects Notification Period referred to in the Contract
Documents; or
b.
the Contractor satisfies and discharges the damages sustained by the Principal in respect of all defaults
by the Contractor up to the commencement of the Defects Notification Period or the termination of the
Contract; or
c.
the sureties satisfy and discharge up to the amount of the bond the damages sustained by the Principal
in respect of all defaults by the Contractor up to the commencement of the Defects Notification Period
or the termination of the Contract; or
rE
a.
d.
EXCEPT as provided in clause 2 this bond will be and remains in full force and effect.
Fo
3.
a Practical Completion certificate has been issued in respect of the Contract Works in accordance with
Section 12 Practical Completion clause 12.1.
4.
5.
The sureties will not be released from any liability under this bond:
a.
by any alteration in the terms of the Contract between the Principal and the Contractor;
b.
by any alteration in the extent or nature of the Contract Works to be completed, delivered and having
defects remedied;
c.
by any allowance of time by the Principal or by the Architect appointed by the Principal under the
Contract;
d.
by any forbearance or waiver by the Principal or by the Architect in respect of any of the Contractor's
obligations or in respect of any default on the part of the Contractor.
This bond is governed by New Zealand law.
ONZIA SCC:2014
Schedule DI Contractor's Performance Bond— Page 1 of 2
Contractor's Performance Bond
Signed by
Signed by:
nl
y
Date:
Name:
O
Print name of person authorised to sign
es
In the presence of
Date:
Name:
Occupation:
Pu
rp
os
Witnessed by:
Print name of witness authorised to sign
Address:
Signed by:
Name:
du
ca
tio
na
l
Signed by
Date:
Print name of person authorised to sign
In the presence of
Witnessed by:
Date:
Name:
Occupation:
rE
Print name of witness authorised to sign
Fo
Address:
NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for
execution of a deed. Any of these parties which are a company must execute the bond by having it signed, under
the name of the company, by two or more directors. If there is only one director, it is sufficient if the bond is signed
under the name of the company by that director, but the signature must be witnessed by another person. The
witness must not only sign but must also add his or her occupation and address. Alternatively, companies may
execute under power of attorney. Any party which is a body corporate (other than a company) must execute by
affixing its seal, which must be attested in the manner provided for in the clauses of, or applicable to, the body
corporate. In the case of a party who is an individual, the party must sign and the signature must be witnessed by
another person. The witness must not only sign but must also add his or her occupation and address.
ONZIA SCC:2014
Schedule D -1 Contractor's Performance Bond— Page 2 of 2
Contract:
<Contract>
Location:
<Location>
Contractor:
<Contractor>
Bond Sum:
$<0.00>
nl
y
Principal's Bond
Date:
O
This Deed is made on
<Date>
Principal:
es
by
<Principal>
and
Sureties:
<Sureties>
of:
It is made in the following circumstances:
Pu
rp
os
of:
The Principal has entered into a Contract with the Contractor by which the Contractor has agreed to carry out and
fulfil the obligations imposed on the Contractor by the Contract Documents.
du
ca
tio
na
l
The Contract agreement requires the Principal to provide the Contractor with security in the form of a bond to
ensure performance of the Principal's obligations under the Contract.
By this deed
1.
The Principal and sureties are jointly and severally held and bound to the Contractor in the bond sum and
bind themselves, their successors and assigns jointly and severally for the payment of this sum.
2.
The condition of this bond is that it will be null and void if:
a. the Principal pays the Contract Price and any other monies payable under the Contract and:
o
o
duly carries out and fulfils all the obligations imposed on the Principal by the Contract; or
satisfies and discharges the damages sustained by the Contractor in respect of all defaults by the
Principal; or
rE
b. the sureties pay, satisfy and discharge up to the amount of the bond any unpaid balance of the Contract
Price and of any other monies payable under the Contract, and of the damages sustained by the
Contractor in respect of all defaults by the Principal.
3.
EXCEPT as provided in clause 2 this bond will be and remains in full force and effect.
4.
The sureties will not be released from any liability under this bond:
by any alteration in the terms of the Contract between the Principal and the Contractor;
b.
by any alteration in the extent or nature of the Contract Works to be completed, delivered and having
defects remedied;
c.
by any allowance of time by the Contractor;
d.
by any forbearance or waiver by the Contractor in respect of any of the Principal's obligations or in
respect of any default on the part of the Principal.
Fo
a.
5.
This bond is governed by New Zealand law.
ONZIA SCC:2014
Schedule D2 Principal's Bond— Page 1 of 2
Principal's Bond
Signed by
Signed by:
nl
y
Date:
Name:
O
Print name of person authorised to sign
es
In the presence of
Date:
Name:
Occupation:
Pu
rp
os
Witnessed by:
Print name of witness authorised to sign
Address:
Signed by:
Name:
du
ca
tio
na
l
Signed by
Date:
Print name of person authorised to sign
In the presence of
Witnessed by:
Date:
Name:
Occupation:
rE
Pi int name of witness authorised to sign
Address:
Fo
NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for
execution of a deed. Any of these parties which are a company must execute the bond by having it signed, under
the name of the company, by two or more directors. If there is only one director, it is sufficient if the bond is signed
under the name of the company by that director, but the signature must be witnessed by another person. The
witness must not only sign but must also add his or her occupation and address. Alternatively, companies may
execute under power of attorney. Any party which is a body corporate (other than a company) must execute by
affixing its seal, which must be attested in the manner provided for in the clauses of, or applicable to, the body
corporate. In the case of a party who is an individual, the party must sign and the signature must be witnessed by
another person. The witness must not only sign but must also add his or her occupation and address.
ONZIA SCO2014
Schedule 02 Principal's Bond— Page 2 of 2
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
Bond Sum:
$<0.00>
nl
y
Contractor's Bond in lieu of Retentions
Date:
O
This Deed is made on
<Date>
Contractor:
es
by
<Contractor>
and
Sureties:
<Sureties>
of:
It is made in the following circumstances:
Pu
rp
os
of:
The Contractor has entered into a Contract with the Principal to carry out and fulfil the obligations imposed on the
Contractor by the Contract Documents.
du
ca
tio
na
l
The Contract requires the Contractor to provide the Principal with security in the form of a bond in lieu of retentions
additional to any other bond required under the Contract.
By this deed
1.
The Contractor and sureties are jointly and severally held and bound to the Principal for the bond sum and
bind themselves, their successors and assigns jointly and severally for the payment of this sum.
2.
The condition of this bond is that it will be null and void if:
a.
b.
c.
the Contractor duly carries out and fulfils all the obligations imposed on the Contractor by the Contract
prior to the issue of the defects liability certificate referred to in the Contract; or
the Contractor satisfies and discharges the damages sustained by the Principal in respect of all defaults
by the Contractor up to the issue of the defects liability certificate or the termination of the contract; or
the sureties satisfy and discharge up to the amount of the bond the damages sustained by the Principal
in respect of all defaults by the Contractor up to the issue of the defects liability certificate or the
termination of the contract.
EXCEPT as provided in clause 2 this bond will be and remains in full force and effect.
4.
The sureties will not be released from any liability under this bond:
rE
3.
by any alteration in the terms of the Contract between the Principal and the Contractor;
b.
by any alteration in the extent or nature of the Contract Works to be completed, delivered and having
defects remedied;
c.
by any allowance of time by the Principal or by the Architect appointed by the Principal under the
Contract;
d.
by any forbearance or waiver by the Principal or by the Architect in respect of any of the Contractor's
obligations or in respect of any default on the part of the Contractor.
Fo
a.
5.
This bond is governed by New Zealand law.
ONZIA SCC:2014
Schedule 03 Contractor's Bond in mu of Retentions— Page 1 of 2
Contractor's Bond in lieu of Retentions
Signed by
Signed by:
nl
y
Date:
Name:
O
Print name of person authorised to sign
es
In the presence of
Date:
Name:
Occupation:
Pu
rp
os
Witnessed by:
Print name of witness authorised to sign
Address:
Signed by:
Name:
du
ca
tio
na
l
Signed by
Date:
Print name of person authorised to sign
In the presence of
Witnessed by:
Date:
Name:
Occupation:
Print name of witness authorised to sign
rE
Address:
Fo
NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for
execution of a deed. Any of these parties which are a company must execute the bond by having it signed, under
the name of the company, by two or more directors. If there is only one director, it is sufficient if the bond is signed
under the name of the company by that director, but the signature must be witnessed by another person. The
witness must not only sign but must also add his or her occupation and address. Alternatively, companies may
execute under power of attorney. Any party which is a body corporate (other than a company) must execute by
affixing its seal, which must be attested in the manner provided for in the clauses of, or applicable to, the body
corporate. In the case of a party who is an individual, the party must sign and the signature must be witnessed by
another person. The witness must not only sign but must also add his or her occupation and address.
ONZIA SCC:2014
Schedule D3 Contractor's Bond in lieu of Retentions— Page 2 of 2
Contract:
<Contract>
Location:
<Location>
nl
y
Contractor's Advice of achieving Practical Completion
Issued by
<Contractor>
O
Contractor:
Preamble
To
Architect:
<Architect>
Pu
rp
os
es
The Contractor is required to notify the Architect of the date that the Contractor considers that the Contractor will
achieve Practical Completion of the Contract Works. The notice must detail any work the Contractor and the
Architect have agreed to defer and the period of deferral.
We advise that we consider that the Contract Works will qualify for Practical Completion on:
Date:
<Date>
Deferred parts of the Contract Works
In accordance with clause 12.1.1, the following are parts of the Contract Works that we have agreed to defer and
the period of deferral.
Period of deferral
rE
du
ca
tio
na
l
Part
Fo
Signed by
Signed by:
Date:
Name:
Print name of person authorised to sign
ONZIA SCC:2014
Schedule El Contractor's Advice of achieving Practical Completion— Page 1 of 1
Producer Statement - Construction
Contract:
<Contract>
Location:
<Location>
<Duly authorised person>
Contractor:
<Contractor>
O
Person:
nl
y
Issued by
Issued to
<Principal>
es
Principal:
Pu
rp
os
The Contractor has contracted to the Principal to carry out and complete certain building works in accordance with
the above named Contract.
I, a duly authorised representative of the Contractor, believe on reasonable grounds that the Contractor has
carried out and completed
all / part only
rE
du
ca
tio
na
l
as specified in the attached particulars of the building works in accordance with the contract.
Signed by:
Date:
Fo
Name:
Print name of the representative authorised to sign
Qualification:
Address:
C)NZIA SCC:2014
Schedule E2 Producer Statement - Construction— Page 1 of 1
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
Architect
<Architect>
nl
y
Practical Completion Certificate
O
Practical Completion
es
Practical Completion means that the Contract Works or a Separate Section of them attain Practical Completion
when:
a. they are able to be used for their intended purpose without material inconvenience;
i
Pu
rp
os
b. they have generally been built in accordance with the Contract documents;
c. they are complete except for:-
minor defects and minor omissions for completion during the Defects Notification Period;
ii omissions and defects which the Architect becomes aware of during the Defects Notification Period;
iii any undiscovered, latent or other defect or omission which the Architect could not have reasonably
discovered;
iv work which the Architect and the Contractor have agreed to defer for completion during the Defects
Notification Period, or such later date as agreed between the parties.
d.
Information and warranties listed in the Specific Conditions have been provided.
du
ca
tio
na
l
This Certificate
This is to certify that in accordance with clause 12.1, the Contract Works have been inspected and qualified for
Practical Completion on <Practical Completion Date> .
The Defects Notification Period as detailed in clause 13.1 commenced on this date and continued for a period of
<Period of Continuation> .
The Architect has used all reasonable care and skill in the preparation of this Certificate
It is provided in accordance with and subject to clause 1.3 Architect's role, sub-clause c.
This certificate is provided to the Principal and Contractor only, and for the purposes set out in this Contract. It is
not to be used by the Principal, the Contractor, or any other person, for any other purpose. No waiver of this
clause by the Architect shall be effective unless it is in writing.
rE
Issued by:
Signed:
For the Architect
Date:
Fo
Copy to Contractor:
©NZIA SCC:2014
Schedule E3 Practical Completion Certificate— Page 1 or 'I
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
Architect
<Architect>
nl
y
Defects Liability Certificate
O
End of Defects Notification period
The Architect is required to issue a Defects Liability Certificate. The NZIA Standard Conditions of Contract clause
13.3.1 states that:
es
The Architect must issue a Defects Liability Certificate to the Principal with a copy to the Contractor when in
relation to the Contract Works or a Separate Section of them:
the Defects Notification Period has ended; and
b.
deferred work and omissions have been completed; and
c.
all defects have been corrected.
Pu
rp
os
a.
At the same time the Architect must give a copy of the certificate to the Contractor.
This Certificate
This is to certify that in accordance with clause 13.3, for the above named Contract Works the Defects Notification
Period has ended, all deferred work and omissions have been completed and all defects have been corrected.
The issuing of this certificate does not affect the Contractor's liability to fulfil any obligation in the Contract which
remains unperformed or not properly performed.
du
ca
tio
na
l
The Architect has used all reasonable care and skill in the preparation of this Certificate
It is provided in accordance with and subject to clause 1.3 Architect's role, sub-clause c.
This certificate is provided to the Principal and Contractor only, and for the purposes set out in this Contract. It is
not to be used by the Principal, the Contractor, or any other person, for any other purpose. No waiver of this
clause by the Architect shall be effective unless it is in writing.
Issued by:
For the Architect
Signed:
Date:
Fo
rE
Copy to Contractor:
ONZIA SCC:2014
Schedule E4 Defects Liability Certificate— Page 1 of 1
<Contract>
Location:
<Location>
Principal:
<Principal>
Contractor
<Contractor>
O
Contract:
nl
y
Specific Conditions of Insurance
Minimum insurance requirements
Contract Works Insurance
Pu
rp
os
1.
es
These are minimum requirements and the Principal and/or Contractor are free to arrange whatever additional
insurance protection they may require. These insurance arrangements do not limit or alter any indemnities as
contained in the Standard Conditions of Contract.
The Contractor shall effect insurance in the names of the Principal and the Contractor.
The Principal shall effect insurance in the joint names of the Principal, the Contractor and subcontractors.
(To be completed irrespective of whether the Principal or the Contractor is insuring)
du
ca
tio
na
l
1.1 The amount insured must be at least as much as the original Contract Price
including Temporary Works, plus each of the following amounts. Where
there is no agreed Contract Price, the amount must be at least as much as
the estimated cost of the Contract Works, plus each of the following
amounts
Amount
$<0.00>
a.
An amount for items, to be included in the Contract Works which are not
included in the Contract Price
$<0.00>
b.
An amount for Variations that the Architect may direct during the
Contract period
$<0.0 0>
5% of the Contract Price as described above
$<0.00>
<or alternative °/0> % of the Contract Price as described above
c.
When provided for in the contract an amount for increased construction
costs due to fluctuations during the Contract period
$<0.0 0>
2.5% of the Contract Price as described above
$<0.0 0>
<or alternative °/0> % of the Contract Price as described above
An amount for professional fees and similar costs, including as
appropriate, architects, engineers, clerks of works and inspectors
$<0.0 0>
5% of the Contract Price as described above
$<0.0 0>
rE
d.
Fo
<or alternative %> % of the Contract Price as described above
An amount for the Cost of demolition, disposal and preparation for
replacement work
$<0.00>
10% of the Contract Price as described above
$<0.0 0>
<or alternative °/0> % of the Contract Price as described above
An amount for increased construction costs incurred as a result of loss
or damage.
$<0.0 0>
5% of the Contract Price as described above
$<0.00>
<or alternative °/0> % of the Contract Price as described above
(Delete provisions which do not apply)
(Amounts are exclusive of Goods and Services Tax)
ONZIA SCC:2014
Schedule F1 Specific Conditions of Insurance— Page 1 of 4
Specific Conditions of Insurance
nl
y
The insurance shall make provision for automatic change of cover for items
(a) to (f) above, to provide insurance for any additions to or deductions from
the Contract Price which occurs after acceptance of the tender or other offer.
i
Testing and commissioning
ii
Earthquake to the full Sum Insured
iii Partial handover/occupation by the Principal, where required by the
contract
2.
Existing Structures
$<0.00>
Pu
rp
os
Deductible in Contract Works insurance arranged by the Principal.
es
iv Flow on damage as a result of faulty materials, workmanship or error
and omissions in design
O
Where appropriate, the insurance shall include cover for
2.1 The Principal shall arrange insurance for loss or damage to the Principal's
existing structures and contents arising out of the performance of the
Contract Works.
The existing structures are: <Existing structures>
Deductible in existing structures insurance arranged by the Principal
3.
General (Public) Liability Insurance
du
ca
tio
na
l
3.1 The Contractor shall effect insurance in the name of the Principal and the
Contractor.
The insurance shall be effected for an amount not less than:
$5,000,000.00
Where appropriate, the insurance may be required to confirm to include
cover for
i
Vibration, removal of support — Minimum*
$250,000.00
ii Forest & Rural Fires Act — Minimum*
$250,000.00
iii Fire fighting costs — Minimum*
$250,000.00
iv Punitive & exemplary damage
v Use of mobile plant
vi Use of watercraft
rE
vii Use of explosives
*For items (i), (ii) and (iii) an insurer will normally limit cover to round $250,000.00. Specify
where a greater amount is required
Motor Vehicle Third Party Liability Insurance
Fo
4.
4.1 The Contractor shall effect insurance in the names of the Principal and the
Contractor
5.
The insurance shall be effected for an amount not less than:
$2,000,000.00
Construction Plant and Equipment
5.1 The Contractor shall effect insurance on all construction plant and
equipment with a value greater than:
ONZIA SCC:2014
$10,000.00
Schedule Fl Specific Conditions of Insurance— Page 2 of 4
Specific Conditions of Insurance
6.
Contractor arranged professional indemnity Insurance
nl
y
6.1 The Contractor shall arrange for insurance to be effected by the person
carrying out the following design work.
Work -: <Description of work>
Minimum amount for any one claim
Duration of the insurance
es
7.1 The insurances in Schedule Fl for the Contract Works, Existing Structures,
Motor Vehicle Third Party Liability, General (Public) Liability and
Construction Plant & Equipment must:
O
7
$1,000,000.00
Pu
rp
os
begin by the earlier of either the date as stated in the Specific
Conditions for the Contractor being given possession of the Site, or
when the Contractor commences work;
ii. continue until the date of issue of the Practical Completion Certificate
and notification from the Principal that the Principal has taken over the
risk; and then
continue to cover loss or damage and liability risks arising from the
carrying out of deferred work and work required to remedy defects until
such work is completed.
i.
If the Principal decides to occupy all or part of the Contract Works, the
Principal must effect insurance to cover any loss or damage resulting
from the occupancy and to cover those parts of the Contract Works the
Principal occupies.
ii.
if the Contractor is responsible for insuring the Contract Works, the
insurance must continue to cover damage to areas of the Contract
Works the Principal occupies for loss or damage to them arising from
the carrying out of deferred work and work required to remedy defects
until such work is completed.
Insurance Requirements
rE
8.
du
ca
tio
na
l
7.2 If the Principal does not arrange to take over the risk on the date of issue of
the Practical Completion Certificate, or a Practical Completion Certificate for
a Separate Section which is an independent structure, the Principal must
reimburse the Contractor for the cost of providing insurance for the period
from the issue of the certificate until the risk has been taken over by the
Principal.
8.1 The insurances that the Contractor or Principal arrange under the Contract
must meet the following requirements:
Fo
I. Except for insurance of Contractor's Construction Plant and Equipment,
insurances arranged by the Contractor must be in the joint names of the
Contractor and the Principal.
ii. Insurances arranged by the Principal, must be in the joint names of the
Principal, the Contractor, and the subcontractors.
iii. The insurance must include a provision that a default by one insured
does not prejudice the rights of the other.
iv. The insurance must include a waiver of the insurer's right to subrogation
against the insured parties.
v.
©NZIA SCC:2014
The insurance must operate as if separate policies had been issued to
each of the insured parties other than in relation to the amount of
insurance available.
Schedule Fl Specific Conditions of Insurance— Page 3 of 4
Specific Conditions of Insurance
nl
y
vi. The insurer or insurers and the insurance contracts must be acceptable
to the other parties, but those parties must not be unreasonable in
agreeing to the arrangements.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
O
vii. They must not be able to be cancelled or changed without the consent
of the parties
CNZIA SCC:2014
Schedule Fl Specific Conditions of Insurance— Page 4 of 4
Confirmation of Insurance — Contract Works
To whom it may concern
From:
nl
y
<Name of insurance company>
<Branch>
<Address>
Location:
<Location>
Principal:
<Principal>
Contractor:
<Contractor>
The sums insured are:
Contract price
es
<Contract>
Pu
rp
os
Contract:
O
We confirm having effected Contract Works insurance for:
Items to be included in the Contract Works
$<0.00>
b.
Variations
$<0.00>
c.
Increased costs due to fluctuations
d.
Professional fees
du
ca
tio
na
l
a.
$<0.00>
e.
Costs of demolitions
$<0.00>
f.
Increased costs as a result of loss or damage
$<0.00>
g.
Existing Structure
$<0.00>
Total sum insured
$<0.00>
Fo
rE
The policy deductibles/excesses are:
Non earthquake (including GST)
$<0.00>
Earthquake (including GST)
$<0.00>
Other - <Please specify > (including GST)
$<0.00>
We advise that "additional" terms, copy attached, have been
specifically applied to this project.
Policy cover terms included are:
Yes / No
a. Automatic reinstatement
b.
No cancellation for non-payment without prior notification
c.
Severally insured
d.
No settlement delay due to exercise of subrogation
Project specific policy
®NZIA SCC:2014
Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Schedule F2 Confirmation of Insurance — Contract Wore— Page 1 of 2
Confirmation of Insurance — Contract Works
<Period>
Defects Liability period
<Period>
nl
y
Construction period
(both subject to alteration under construction contract)
Annual run-off policy
O
Yes / No
Annual cut-off policy
Yes / No
Policy expiry date
es
<Expiry date>
Testing and commissioning period.
Yes / No
Yes / No
Pu
rp
os
Flow on damage as a result of faulty materials, workmanship
or errors & omissions in design
We undertake that this policy will not be cancelled or
amended by us without written advice to the insured party
which has arranged the insurances.
The insurance issued is subject to the terms and conditions
of the policy.
du
ca
tio
na
l
Insurance Company:
Insurance company stamp or name of insurance broking company confirming cover
Signed by:
Date:
Fo
rE
Signatory Title:
©NZIA SCC:2014
Schedule F2 Confirmation of Insurance — Contract Wolks— Page 2 of 2
Confirmation of Insurance — General (Public) Liability
To whom it may concern
From:
nl
y
<Name of insurance company>
<Branch>
<Address>
Location:
<Location>
Principal:
<Principal>
Contractor:
<Contractor>
Annual policy
Policy expiry date
The limit of indemnity
es
<Contract>
Pu
rp
os
Contract:
O
We confirm having effected general (public) liability insurance for:
Yes / No
<Expiry date>
$<0.00>
$<0.00>
Sub limit for fire fighting costs
$<0.00>
The deductible/excess is (including GST)
$<0.00>
Deductible/excess for vibration, removal or weakening of
support (including GST)
$<0.00>
du
ca
tio
na
l
Sub limit insured for vibration, removal or weakening of
support
Sub limit for Forest & Rural Fires Act
We advise that "additional" terms, copy attached, have been
specifically applied to this project.
$<0.00>
Yes / No
Fo
rE
The policy cover liability arising out of: -
ONZIA SCC:2014
The ownership/use of construction machinery not
required to be registered for road use
The use of hired plant
Yes / No
The ownership/use of watercraft up to 8 metres
Yes / No
The ownership/use of aircraft
Yes / No
The use of explosives
Yes / No
Yes / No
Policy cover terms included are: Automatic reinstatement
Yes / No
No cancellation for non-payment without prior notification
Yes / No
Severally insured
Yes / No
No settlement delay due to exercise of subrogation
Yes / No
Schedule F3 Confirmation of Insurance — General (Public) Liability— Page 1 of 2
Confirmation of Insurance — General (Public) Liability
nl
y
We undertake that this policy will not be cancelled or
amended by us without written advice to the insured party
which has arranged the insurances.
O
The insurance issued is subject to the terms and conditions
of the policy.
Insurance Company:
Signed by:
Fo
rE
du
ca
tio
na
l
Signatory Title:
Pu
rp
os
Date:
es
Insurance company stamp or name of insurance broking company confirming cover
CNZIA SCC:2014
Schedule F3 Confirmation of Insurance — General (Public) Liability— Page 2 of 2
Confirmation of Insurance
Motor Vehicle Third Party Liability
To whom it may concern
<Name of insurance company>
nl
y
From:
<Branch>
<Contract>
Location:
<Location>
Contractor:
<Contractor>
Annual policy
Policy expiry date
The sums insured are: Section 2 liability
Pu
rp
os
Contract:
es
We confirm having effected motor vehicle third party liability insurance for:
O
<Address>
Yes / No
<Expiry date>
The deductible/excess is (including GST)
du
ca
tio
na
l
We advise that "additional" terms, copy attached, have been
specifically applied to this project.
Yes / No
Policy cover terms included are: Automatic reinstatement
Yes / No
No cancellation for non-payment without prior notification
Yes / No
Severally insured
Yes / No
No settlement delay due to exercise of subrogation
Yes / No
Fo
rE
We undertake that this policy will not be cancelled or
amended by us without written advice to the insured party
which has arranged the insurances.
The insurance issued is subject to the terms and conditions
of the policy.
Insurance Company:
Signed by:
Insurance company stamp or name of insurance broking company confirming cover
Date:
Signatory Title:
ONZIA SCC:2014
Schedule F4 Confinnation of Insurance — Motor Vehicle Third Party bility— Page 1 of 1
Confirmation of Insurance
Construction Plant and Equipment
To whom it may concern
From:
<Name of insurance company>
nl
y
<Branch>
<Address>
Location:
<Location>
Contractor:
<Contractor>
Annual policy
Policy expiry date
The sums insured are: -
es
<Contract>
Pu
rp
os
Contract:
O
We confirm having effected construction plant and equipment insurance for:
Yes / No
<Expiry date>
Schedule of Construction plant and equipment attached
The deductible/excess is (including GST)
du
ca
tio
na
l
We advise that "additional" terms, copy attached, have been
specifically applied to this project.
Yes / No
Policy cover terms included are: Automatic reinstatement
Yes / No
No cancellation for non-payment without prior notification
Yes / No
No settlement delay due to exercise of subrogation
Yes / No
rE
We undertake that this policy will not be cancelled or
amended by us without written advice to the insured party
which has arranged the insurances.
The insurance issued is subject to the terms and conditions
of the policy.
Fo
Insurance Company:
Signed by:
Insurance company stamp or name of insurance broking company confirming cover
Date:
Signatory Title:
©NZIA SCC:2014
Schedule F5 Confirrnation of Insurance — Construction Plant and Equipment— Page 1 of 1
Confirmation of Insurance
Contractor arranged Professional Indemnity Insurance
To whom it may concern
From:
nl
y
<Name of insurance company>
<Branch>
<Address>
Location:
<Location>
Contractor:
<Contractor>
Policy wording title
es
<Contract>
Pu
rp
os
Contract:
O
We confirm having effected professional indemnity insurance for:
Special terms have been applied to this policy — copy
attached
Yes / No
The following provisions apply:
Annual policy
Project specific policy
Policy expiry date
Yes / No
Yes / No
<Expiry date>
$<0.00>
Limit in aggregate during period of insurance
$<0.00>
Deductible (including GST)
$<0.00>
du
ca
tio
na
l
Limit of indemnity for any one occurrence (excluding GST)
We undertake that this policy will not be cancelled or
amended by us without written advice to the insured party
which has arranged the insurances.
The insurance issued is subject to the terms and conditions
of the policy.
rE
Insurance Company:
Fo
Signed by:
Insurance company stamp or name of insurance broking company confirming cover
Date:
Signatory Title:
(ONZIA SCC:2014
Schedule F6 Confirmation of Insurance — Contractor artanged Professional Indemnity Insurance— Page 1 of 1
Warranty Agreement
<Contract>
Location:
<Location>
Contractor:
<Contractor>
Principal:
<Principal>
Warrantor:
<Warrantor>
Warranted works:
<Warranted works>
Warranty period:
<#> years from the date of Practical Completion of the Contract Works.
es
O
nl
y
Contract:
The Principal has entered into a Contract (the Contract) with the Contractor for carrying
out the Contract Works. The warranted works are part of the Contract Works.
Pu
rp
os
The Contractor has agreed to arrange for the provision of a warranty in respect of the
warranted works for the warranty period on the terms set out in this warranty.
The warrantor has agreed to provide a warranty in respect of the warranted works for the
warranty period on the terms set out in this warranty.
It is hereby agreed
The warrantor warrants to the Principal that the warranted works performed shall be as
required in the Contract. If not specified the works shall be of good trade practice with
materials and fittings of merchantable quality.
1.
du
ca
tio
na
l
This warranty shall be in addition to and shall not derogate from any manufacturer's
warranty or any warranty implied by law, attaching to any part of the warranted Works.
Warrantor's obligations
The warrantor agrees that if the warrantor is advised by the Principal in writing of any defect in the
warranted works within the warranty period for which the warrantor is liable under the terms of this warranty,
the warrantor will promptly take steps to remedy the defect.
2.
Remedial Work
Any remedial work which the warrantor is liable to undertake under this warranty shall be carried out:
o
•
to the standard required by the Contract; and
in a prompt and timely manner; and
without unnecessary inconvenience to any occupants; and
rE
at the warrantor's cost; and
subject to reasonable access being provided to the warrantor for the purpose of carrying out the
remedial work.
Repair and/or compensation
Fo
3.
Where the cost of replacement of work and / or materials is out of all proportion to the consequences of the
defect, or where the defect may not be reasonably capable of rectification without substantial expense
which is out of all proportion to the cost of the Contract Works, the warrantor may:
o
where the defect is reasonably rectified by repair rather than by replacement, the warrantor's obligation
under this warranty shall be only to repair or otherwise make good the defect; or
o
propose reasonable monetary compensation in lieu of remedying the defect; or
•
propose a combination of both repair and compensation.
The Principal must consider the warrantor's reasonable proposals and the parties must endeavour in good
faith to reach agreement. Where agreement cannot be reached, the dispute shall be resolved in
accordance with the disputes clause in this warranty.
ONZIA SCC:2014
Schedule G1 Warranty Agreement— Page 1 of 3
Warranty Agreement
4.
Failure by warrantor to perform remedial work
nl
y
lithe warrantor fails to promptly, adequately and satisfactorily carry out the remedial work or to propose
acceptable repair/compensation, the Principal may then arrange for the remedial work to be carried out by
others.
O
The Principal must first give the warrantor 10 working days notice to carry out and complete the remedial
work. lithe warrantor does not do this within the time, the Principal must then advise the warrantor in
writing that the work will be carried out by other Persons.
es
In such event the warrantor is not released from obligations under this warranty, which continues in full
force and effect, except in respect of the defect remedied by the Principal or by another person contracted
by the Principal.
5.
Exclusions
Pu
rp
os
The reasonable cost of remedial work carried out by such other persons including all reasonable costs of
the Principal is to be paid to the Principal by the warrantor on demand.
The Principal agrees that the warrantor is not liable for any defect or damage caused by:
wilful act or negligence of the Principal or any person other than the warrantor; or
•
fire, explosion, earthquake, war, subsidence, slips, faulty materials or workmanship other than caused
by the defect in the warranted work; or
o
any force of nature which the warrantor could not reasonably foresee; or
o
any neglect or unnecessary delay by the Principal in giving notice to the warrantor of a defect in the
warranted Works becoming apparent; or
o
design faults, errors or discrepancies, unless the warrantor undertook the design of the part of the
warranted works the subject of the defect; or
•
o
6.
du
ca
tio
na
l
o
unintended use of the warranted Works by the Principal or any occupant thereof; or
failure by the Principal or any occupant thereof to maintain the warranted works in accordance with
good practice and any manufacturer's stated or recommended instructions or requirements.
Assignment
The Principal may assign the benefit of this warranty to any person.
7.
Disputes
rE
Any dispute between the Principal and the warrantor arising out of this warranty is to be referred to
arbitration before a sole arbitrator. If within 15 working days of notice of dispute, the Principal and the
warrantor cannot agree on a single arbitrator, either party may request the president of the Arbitrators &
Mediators Institute of New Zealand to appoint an arbitrator.
8.
Notices
Fo
Notices given to the warrantor are deemed to have been effectively served on the warrantor if given in
accordance with the Contract.
©NZIA SCC:2014
Schedule G1 Warranty Agreement— Page 2 of 3
Warranty Agreement
Executed by
Signed by:
nl
y
Signed by the Warrantor
Date:
O
Name:
In the presence of
Witnessed by:
Pu
rp
os
Name:
Date:
es
Print name of person authorised to sign
Occupation:
Print name of witness authorised to sign
Address:
Signed by:
Name:
du
ca
tio
na
l
Signed by the Principal
Date:
Print name of person authorised to sign
In the presence of
Date:
Name:
Occupation:
rE
Witnessed by:
Print name of witness authorised to sign
Address:
Fo
NOTE — Where the Warrantor is not the Contractor the Warranty agreement must be executed by the Warrantor
and the Principal in the manner required for execution of a deed.
Any of these parties which are a company must execute the Warranty by having it signed, under the name of the
company, by two or more directors. If there is only one director, it is sufficient if the Warranty agreement is signed
under the name of the company by that director, but the signature must be witnessed by another person.
The witness must not only sign but must also add his or her occupation and address. Alternatively, companies
may execute under power of attorney. Any party which is a body corporate (other than a company) must execute
by affixing its seal, which must be attested in the manner provided for in the clauses of, or applicable to, the body
corporate.
In the case of a party who is an individual, the party must sign and the signature must be witnessed by another
person. The witness must not only sign but must also add his or her occupation and address.
©NZIA SCC:2014
Schedule G1 Wauanty Agreement— Page 3 of 3
Security for off site goods or materials
Contractor:
<Contractor>
Subcontractor
<Subcontractor>
nl
y
Issued by:
To
Principal:
O
<Principal>
Contract:
<Contract>
Location:
<Location>
es
In respect of
Pu
rp
os
The Contract provides, subject to certain conditions: NZIA SCC 2014 Section 14
Payments Clause 14.2.2, for payment to be made for goods that are not on the Site.
We (Contractor/Subcontractor) advise that the manufacture/supply of the goods or
materials detailed in the schedule below is intended to be used as part of the Contract
Works.
We warrant that the Contractor/Subcontractor has authority to manage, identify, store
insure and to arrange, together with the Principal, the registration of a Financing
Statement of the security interest of the Principal in the goods or materials on the
Personal Property and Securities register complying with the requirements of the
Personal Properties Securities Act 1999.
du
ca
tio
na
l
We undertake to arrange insurance of the goods/materials for their full value while they
are off site in the name of the Principal.
We agree to store securely, free of charge, the said goods or materials at the premises
identified below. The goods or materials will be set apart, clearly marked as the property
of the Principal, managed in accordance with the instructions given by the Architect and
transported to the Site when required at no cost to the Principal.
The Architect will be given free access to inspect the goods or materials during normal
working hours for the purpose of certifying payment for them.
Location
The premises where the goods or materials will be stored are located as follows:
Address:
rE
Schedule
The following are the goods or materials referred to above:
Details of goods or materials
Fo
Number
<Address where goods or materials will be stored>
Signed by
Signed by:
Date:
Name:
Print name of person authorised to sign
©NZIA SCG:2014
Schedule 02 Security for off site goods or materials— Page 1 of 1
Bonds
4.
Administration
5.
Indemnity
6.
Insurance
7.
Site
8.
Contract Works
9.
Variations
10.
Monetary Allowances
11.
Time for Completion
12
Practical Completion
13.
Defects Liability
14.
Payments
15.
Final Payment
16.
Suspending work and ending the Contract
17.
Disputes
nl
y
3.
O
Documents
es
2.
Pu
rp
os
Main Obligations
rE
du
ca
tio
na
l
1.
Miscellaneous
19.
Interpretation
20.
Index
Fo
18.
0 NZIA Standard Conditions of Contract SCC 2014
Standard Condition's Contents
Main Obligations
Contractor's main obligations
The Contractor must do the work required by the Contract Documents. The Contractor must
do so diligently and to the Architect's satisfaction. The Contractor must complete the Contract
Works within the time required by the Contract.
nl
y
1.1.1
Principal's main obligations
The Principal must ensure that there is an Architect appointed at all times during the Contract.
1.2.2
The Principal must pay the Contractor for the Contract Works carried out. The Principal must
do so as stated in section 14 Payments. The Principal must provide the Contractor possession
of the Site as stated in section 7 Site. The Principal must also provide to the Contractor all
necessary consent approval documentation as stated in clause 4.4 Principal to obtain
consents and approvals.
1.3.1
Pu
rp
os
Architect's role
es
O
1.2.1
The Architect appointed by the Principal:
a. represents the Principal;
b. issues all Directions to the Contractor;
c. administers the Contract impartially between the Principal and the Contractor;
d. has no authority to relieve the Contractor from any of the Contractor's obligations stated in
the Contract, except as expressly stated in the Contract
du
ca
tio
na
l
Architect's Representative appointed at all times
1.4.1
The Architect must appoint a competent Architect's Representative to act on the Architect's
behalf.
1.4.2
The Contractor may object to the appointment by notifying the Architect stating the grounds
upon which the objection is based. The Contractor must do so within 5 Working Days of the
date of the Direction. The Architect must consider the objection and issue a Direction
determining the appointment.
1.4.3
The Principal and the Contractor acknowledge that any appointed Architect's Representative
is acting on behalf of the Architect and is not assuming any personal responsibility to either
the Principal or the Contractor, or any other Person, in relation to the performance of the
required duties.
rE
Other consultants
The Architect or the Principal may appoint other Persons suitably qualified to assist the
Architect in carrying out its duties. Such appointment must be advised by an Architects
Direction stating the role of the appointment.
1.5.2
The Contractor may object to a proposed appointment by notifying the Architect and stating
the grounds upon which the objection is based. The Contractor must do so within 5 Working
Days of the date of receiving the Direction. The Architect and the Principal must consider the
objection and issue a Direction determining the appointment.
Fo
1.5.1
NZIA Standard Conditions of Contract SCC 2014
Page 2 of 49
I
Main Obligations
Change of Architect
If the Architect stops being the Architect, the Principal must notify the Contractor as soon as
reasonably practicable. The Principal must:
nl
y
1.6.1
a. appoint a suitably qualified Architect to act in the interim;
Any new Architect must have regard to any Direction given by a former Architect.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
1.6.2
O
b. notify the Contractor as soon as possible who is the proposed new Architect. If the
Contractor objects to a particular Architect being appointed for reasons which the Principal
accepts, the Principal must appoint another Architect. That appointment is subject to this
clause.
0 NZIA Standard Conditions of Contract SCC 2014
Page 3 of 49
Documents
Contract Documents
The Principal and the Contractor must sign 2 original copies of the original Contract
Documents including these NZIA Standard Conditions of Contract.
2.1.2
The Architect must provide to the Contractor:
nl
y
2.1.1
a. The documents listed in the Specific Conditions;
O
b. Any other documents and other information, which are within the Architect's or Principal's
possession or control, which a territorial authority or Building Consent Authority requires
from the Contractor.
The Architect must supply to the Contractor additional copies of the Drawings and
Specifications as requested by the Contractor. The Contractor must pay to the Architect the
cost of the additional copies as stated in the Specific Conditions.
2.1.4
The Contractor must keep at the Site:
Pu
rp
os
es
2.1.3
a. a copy of the Contract Documents including all changes to the Contract Documents
directed by the Architect;
b. copies of all the Architect's Directions.
Inconsistencies in Contract Documents
2.2.1
If the Architect or the Contractor finds an inconsistency, error or omission either in a Contract
Document or between Contract Documents, the other must be notified.
2.2.2
The Architect must give a Direction resolving the inconsistency, error or omission.
du
ca
tio
na
l
2.2
a. Figured dimensions on Drawings take precedence over scaled dimensions.
b. Drawings to a larger scale take precedence over drawings to a smaller scale.
c. Drawings showing particular parts of the Contract Works take precedence over drawings
for more general purposes.
d. Drawings take precedence over the Specifications.
e. The Drawings and Specifications take precedence over the schedule of quantities, if any.
f. The Drawings and Specifications take precedence over these NZIA Standard Conditions of
Contract.
rE
g. The Specific and any Special Conditions of Contract take precedence over these NZIA
Standard Conditions of Contract.
No inconsistency, error or omission invalidates the Contract.
2.2.4
If a Direction results in additional Cost being reasonably incurred by the Contractor, which the
Contractor could not have reasonably foreseen and made allowance for at the time of Tender
Contractor's additional Cost and time must be claimed by the Contractor and valued in the
way stated in section 9 Variations and section 11 Time for Completion.
Fo
2.2.3
Copyright and ownership of Contract Documents
2.3.1
The Principal retains ownership in all documents the Principal supplies to the Contractor. The
Contractor does not have copyright in the Contract Documents. The Principal owns all
documents the Contractor supplies to the Principal.
2.3.2
The Contractor must not use, copy or reproduce the documents the Principal supplies to the
Contractor for any purpose other than for the Contract.
NZIA Standard Conditions of Contract SCC 2014
Page 4 of 49
Documents
2.3.3
Once the Contract has ended the Principal may only use the documents the Contractor
supplies to the Principal for the use, maintenance, alteration or demolition of the Contract
Works.
nl
y
Principal warrants intellectual property is not breached
The Principal warrants any design, materials, documents and methods of working set out in
the Contract do not infringe any protected right including any patent, registered design,
trademark, or copyright.
2.4.2
The Principal must indemnify the Contractor against any loss or liability arising from the
Principal breaching the warranty.
2.4.3
The Contractor must notify the Architect of any infringement of which the Contractor is aware.
Pu
rp
os
Contractor warrants intellectual property is not breached
es
O
2.4.1
The Contractor warrants any design, materials, documents and methods of working which the
Contractor provides do not infringe any protected right including any patent, registered design,
trademark, or copyright.
2.5.2
The Contractor must indemnify the Principal against any loss or liability arising from the
Contractor breaching the warranty.
2.5.3
The Principal must notify the Contractor of any infringement of which the Principal is aware.
Fo
rE
du
ca
tio
na
l
2.5.1
NZIA Standard Conditions of Contract SCC 2014
Page 5 of 49
3
Bonds
Contractor's performance bond
Where the Specific Conditions require the Contractor to provide a bond, it will be:
a. for the amount stated in the Specific Conditions;
b. provided within 2 months of the date of acceptance of tender;
O
c. in the form included in Schedule D1 Contractor's Performance Bond;
nl
y
3.1.1
d. provided by the surety named in the Tender or, if no surety is named, by a surety approved
by the Principal.
No payment otherwise due will be payable until the Contractor has delivered the executed
bond to the Principal.
3.1.3
If the executed Contractor's performance bond is not delivered to the Principal by the
time/date stated, the Principal is entitled to treat this as a default by the Contractor. The
Contractor bears the cost of obtaining this bond.
Pu
rp
os
es
3.1.2
Release of Contractor's performance bond
3.2.1
Within 5 Working Days of the date of issue of the Practical Completion Certificate the Principal
must deliver to the Contractor a notice stating that the surety's obligations under the bond are
discharged. The original signed bond form must be returned to the Contractor with this notice.
Contractor's bond in lieu of retentions
Where the Specific Conditions allow the Contractor to provide a bond in lieu of retentions, it
will be:
du
ca
tio
na
l
3.3.1
a. in addition to any Contractor's performance bond;
b. for the amount stated in the Specific Conditions;
c. in the form included in Schedule D3 Contractor's Bond in lieu of Retentions;
d. provided by the surety named in the tender or, if no surety is named, by a surety approved
by the Principal.
3.3.2
Retentions will be deducted until the Contractor has delivered the executed bond to the
Principal. Retentions so deducted will be certified for payment in the next Payment Schedule
following receipt of the bond. The Contractor bears the cost of obtaining this bond.
Breach of bond obligations by Contractor
If at any time the Principal considers that the Contractor has failed to perform the Contractor's
obligations under the Contract or has otherwise failed to satisfy the bond conditions, the
Architect must notify the Contractor of this.
3.4.2
The Architect must advise the Contractor that the bond will be called up in 10 Working Days of
the notice if the failure has not been rectified within that time.
Fo
rE
3.4.1
3.4.3
The Architect must make an estimate of the costs of any remedial or other work outstanding
and of all other liabilities of the Contractor under the Contract.
3.4.4
The Architect must notify the Principal and the Contractor of the estimate.
0 NZIA Standard Conditions of Contract SCC 2014
Page 6 of 49
3
Bonds
Principal's bond
3.5.1
Where the Specific Conditions require the Principal to provide a bond, it will be:
nl
y
a. for the amount stated in the Specific Conditions;
b. provided prior to the Contractor commencing work on Site;
d. provided by the surety approved by the Contractor.
O
c. in the form included in Schedule D2 Principal's Bond;
If the executed bond is not delivered to the Contractor by the time stated, the Contractor is
entitled to treat this as a default by the Principal and the Contractor is entitled to suspend
work.
3.5.3
In the event that the bond is not delivered to the Contractor within 20 Working Days of the
date of suspension of the work, the Contractor is entitled to treat this as a default by the
Principal. The Principal bears the cost of obtaining this bond.
Pu
rp
os
es
3.5.2
Release of Principal's performance bond
3.6.1
Within 5 Working Days of the date of the Contractor receiving final payment, the Contractor
must deliver to the Principal and the surety a notice stating that the Principal and the surety
are released from the Principal's performance bond. The original signed bond form must be
returned to the Principal.
Breach of bond obligations by Principal
If at any time the Contractor considers that the Principal has failed to perform the Principal's
obligations under the Contract or has otherwise failed to satisfy the bond conditions, the
Contractor must give the Principal and the surety a notice detailing the sum the Contractor
claims to be due and owing by the Principal or otherwise payable as damages for breach of
Contract.
Fo
rE
du
ca
tio
na
l
3.7.1
NZIA Standard Conditions of Contract SCC 2014
Page 7 of 49
Admiffistration
Directions by the Architect
A
The Contractor must comply with the Architect's proper Directions. The Architect must only
give proper Directions. The Architect must not improperly withhold or delay giving any
Direction.
nl
y
4.1.1
Architect not responsible for payments to Contractor
The Architect is not liable to pay any money to the Contractor under the provisions of the
Contract. If the Contractor reasonably incurs additional Costs or time delay because the
Architect has not properly administered the Contract, the Principal must pay the Contractor
that amount. The additional Cost must be claimed by the Contractor and valued in the way
stated in section 9 Variations. If the Architect's improper administration causes a delay to the
Contract Works the additional time must be claimed and set in the way stated in section 11
Time for completing the Contract Works.
Pu
rp
os
es
4.2.1
O
4,1
The Contractor's supervision and site representative
The Contractor must provide all necessary supervision of the Contract Works. The Contractor
must appoint a competent site representative who is authorised to receive all the Architect's
Directions. The Contractor must notify the Architect who the representative is. The Contractor
cannot change the representative without the approval of the Architect.
4.3.2
The Architect is entitled to direct the Contractor to arrange for the site representative, or any
other Person employed on the Contract Works under the control of the Contractor, to leave
the Site and the Contract Works and not return. The Architect must give a proper reason for
that Direction.
du
ca
tio
na
l
4.3.1
Principal to obtain consents and approvals
4.4.1
The Principal must in a timely manner:
a. obtain the resource management consents, project information memoranda, building
consents, and any other approvals required by authorities for the work to start;
b. obtain any supplementary building consents required during the Contract Works;
c. obtain all licenses, code compliance certificates, and any other approvals required by
authorities for the Contract Works to be used when Practical Completion has been
attained;
d. pay any costs related to obtaining the above mentioned items;
rE
e. provide the Contractor with all necessary consent approval documentation.
The Contractor must give to the Architect all information and documents which are within the
Contractor's knowledge, possession or control, which an authority with jurisdiction to grant an
approval, consent or certificate requires from the Principal.
4.4.3
If a supplementary building consent is required because of work carried out by the Contractor
which does not comply with the Contract or the original building consent, then:
Fo
4.4.2
a. the Contractor must give to the Architect all information and documents necessary for the
Principal to obtain the supplementary building consent; and
b. the Principal's costs of obtaining the supplementary building consent are payable by the
Contractor, and will be deducted from the Contract Price.
Contractor to obtain consents and approvals
4.5.1
The Contractor must obtain and pay all costs in respect of temporary amenities and temporary
services necessary during the construction of the Contract Works. This may include any fees
for construction zones, temporary power, water, sewerage and rubbish removal.
0 NZIA Standard Conditions of Contract SCC 2014
Page 8 of 49
Administration
Conditions on consents or approvals
If a consent or approval is given on conditions that affect the Contract Works, the Architect
must direct the Contractor how the work is to proceed and where necessary direct a Variation.
4.6.2
If a consent or approval is issued or given to the Contractor subject to conditions that affect
the Contract Works, the Contractor must refer those conditions to the Architect.
The Contractor, must provide the Principal with the warranties and other documentation
specified in the Specific Conditions. Warranties must use the form in Schedule G1 Warranty
Agreement. Producer Statements must use the form in Schedule E2 Producer Statement —
Construction. Any other documentation listed in Schedule B1 Special Conditions of Contract.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
4.7.1
O
Documents required at Practical Completion
nl
y
4.6.1
@ NZIA Standard Conditions of Contract SCC 2014
Page 9 of 49
Indemnity
Indemnity by Contractor
The Contractor must indemnify the Principal against any loss or liability arising from damage
to any property, or personal injury to anyone, or illness or death of anyone, that arises in any
way from the carrying out of the Contract Works.
5.1.2
This does not apply in relation to the following:
nl
y
5.1.1
O
a. loss or liability that arises from the permanent or partial use or occupation of the Site by the
Principal;
es
b. loss or liability that arises from the exercise by the Principal of a right to carry out Contract
Works on the Site;
Pu
rp
os
c. death or illness or injury or damage which is the unavoidable result of the carrying out of
the Contract Works;
d. death or illness or injury or damage due to any act or omission by the Principal, the
Architect, or other contractor employed by the Principal;
e. death or illness or injury or damage that arises from the risks listed in clause 8.7.2 or from
a risk specifically excluded in the Contract;
f. the extent to which the Principal is required to insure against the damage under section 6
Insurances.
Indemnity by Principal
The Principal must indemnify the Contractor against any loss, liability, death, injury, illness or
damage referred to in 5.1.2. The Principal must also indemnify the Contractor against any
Cost necessarily incurred by the Contractor in relation to any of those matters.
du
ca
tio
na
l
5.2.1
Reduction in liability to indemnify
A liability to indemnify is reduced to the extent that the indemnified Person contributed to the
liability.
Fo
rE
5.3.1
0 NZIA Standard Conditions of Contract SCC 2014
Page 10 of 49
6
insurance
Insurances to be effected
Insurances required under the Contract are described and are to be effected by the parties
named in Schedule Fl Specific Conditions of Insurance. The insurances specified are the
minimum requirement for insurance and the parties are free to arrange whatever additional
insurance protection they may consider appropriate or require.
nl
y
6.1.1
These insurance arrangements do not limit or alter any indemnities or affect in any way the
liabilities the parties may have as contained in the Contract.
Payment of deductible/excess by Contractor
The Contractor must pay the deductible/excess under the insurances arising from any loss or
liability to the Contract Works or the carrying out of the Contract Works. To the extent the loss
or liability is caused by the Principal or is excepted by 8.6.2, the Principal must pay that
proportion of the deductible/excess.
Pu
rp
os
6.3.1
es
6.2.1
O
Liability not affected by insurance
Payment of deductible/excess by Principal
6.4.1
The Principal must pay the deductible/excess under the insurance for any loss or liability to
the Principal's Existing Structures. To the extent the loss or liability is caused by the
Contractor, the Contractor must pay that proportion of the deductible/excess.
If Contractor's insurance not arranged or is ineffective
The Contractor must indemnify the Principal for any loss or liability that the Principal suffers
because the Contractor:
du
ca
tio
na
l
6.5.1
a. does not arrange, maintain or pay for insurance as required by the Contract; or
b. is responsible for breaching or causing a breach of a requirement of the insurance.
6.5.2
The Principal is entitled to insure and pay the premium on behalf of the Contractor if the
Contractor does not arrange, maintain or pay for insurance required by the Contract. The
Principal must notify the Contractor if the Principal takes this action. The Principal is entitled to
deduct the cost of the premium from the Contract Price.
If Principal's insurance not arranged or is ineffective
6.6.1
The Principal must indemnify the Contractor for any loss or liability that the Contractor suffers
because the Principal:
a. does not arrange, maintain or pay for insurance as required by the Contract; or
Fo
rE
b. is responsible for breaching or causing a breach of a requirement of the insurance.
6.6.2
c. The Principal must also indemnify the Contractor for any loss or liability that exceeds the
sums to be insured for the Contract Works and for existing structures made available by
the Principal and for adjacent structures owned by the Principal.
The Contractor is entitled to insure and pay the premium on behalf of the Principal if the
Principal does not arrange, maintain or pay for insurance required by the Contract. The
Contractor must notify the Principal if the Contractor takes this action. The cost of the premium
is to be added to the Contract Price.
Evidence of insurance
6.7.1
The Principal and the Contractor must provide evidence, at any time, that the required
insurances are in effect using the insurance confirmation forms.
6.7.2
If asked to do so, the Contractor and the Principal must provide the other with a copy of any
insurance that either is required to arrange under the Contract.
NZIA Standard Conditions of Contract SCC 2014
Page 11 of 49
6
insurance
Payment for reinstatement
If the insurer makes direct payment to either the Contractor or the Principal in relation to the
Contract Works, that party must use the proceeds of the insurance to demolish, dispose of,
prepare, correct, replace and reinstate the Contract Works.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
O
nl
y
6.8.1
© NZIA Standard Conditions of Contract SCC 2014
Page 12 of 49
7
Site
Possession of the Site
The Principal must give the Contractor possession of the Site by the time stated in the Specific
Conditions. The Principal is automatically in possession of the Site on Practical Completion.
7.1.2
The Contractor has possession of the Site for the sole purpose of carrying out the Contract
Works.
7.1.3
The Principal does not have to give possession of the Site at this time if the insurance covers
to be arranged by the Contractor stated in section 6 Insurance have not been arranged.
O
nl
y
7.1.1
Principal to provide survey information
The Principal must ensure that there are sufficient survey marks and information for the
Contractor to define the boundaries of the Site and set out the Contract Works.
7.2.2
If asked, the Principal must show the survey marks to the Contractor.
7.2.3
The Contractor must record their position and protect them. If any of the survey marks are
disturbed or obliterated, the Contractor must replace them where practicable.
Pu
rp
os
es
7.2.1
Underground and above ground utilities
The Principal must include in the Contract Documents all available documentation relating to
the existence and position of pipes, cables and other utilities on or about the site. The
documentation must be as accurate as the information available permits.
7.3.2
The Contractor is responsible for physically locating the position of all such utilities and must
arrange with network utility operators for any necessary exploratory work, location, protection,
isolation, offsetting, reinstatement or alterations required.
du
ca
tio
na
l
7.3.1
7.3.3
The Contractor must protect all utilities whether indicated or not and must reinstate or repair
any damage to them resulting from its operations.
7.3.4
Where a utility is not indicated or is not in the position indicated in the Contract Documents,
extra work involved in physically locating its position, altering, protecting, offsetting or
reinstating it shall be a Variation.
Principal to advise of known safety risks
The Architect must notify the Contractor of anything the Principal or the Architect know about
which will or does adversely affect the safety of any Person involved in carrying out the
Contract Works.
7.4.2
This does not apply to anything that the Contractor knows or might reasonably be expected to
know.
rE
7.4.1
Contractor must set out the Contract Works
Fo
7.5.1
7.5.2
The Contractor must set out the Contract Works as required by the Contract. The Contractor
must correct any errors in the Contractor's setting out of the Contract Works and the
consequences of the Contractor's inaccurate setting out, unless the Architect directs that that
is not necessary.
The Contractor must notify the Architect of any errors or omissions in the setting out of the
Contract Works as soon as the Contractor becomes aware of them.
NZIA Standard Conditions of Contract SCC 2014
Page 13 of 49
7
Site
7.5.3
The Contractor is entitled to have the Contract Price adjusted for the Contractor's Cost of
correcting any error and a time extension if all of the following conditions are met:
nl
y
a. it is due to incorrect or inadequate information supplied by the Principal, and
b. the Contractor could not have reasonably foreseen the error or inadequacy in the
information at the time of Tendering, and
O
c. it results in additional Cost or delay being reasonably incurred by the Contractor.
The Contractor's additional Cost and time must be claimed by the Contractor and valued in
the way stated in section 9 Variations and section 11 Time for completing the Contract Works.
7.5.5
The Contractor is responsible for the correctness of the setting out of the Contract Works even
if the set out has been checked by the Architect.
Pu
rp
os
Principal's right of access to the Contract Works
es
7.5.4
7.6.1
The Principal, it's representatives and regulatory authority personnel are entitled to go onto
the Site and inspect the Contract Works at reasonable times. They are also entitled during
working hours to go in to any other place where material or contract items are being stored or
being prepared for the Contract Works.
7.6.2
The Contractor must make the necessary arrangements for access in to other places that are
not under the Contractor's direct control.
Contractor's access to other property
The Contractor must respect the rights and convenience of the owner, occupier or user of any
other property. If it is necessary to enter or affect any other property to perform the Contract,
the Contractor must do that in the way, and at the times, stated in the Contract.
du
ca
tio
na
l
7.7.1
The Principal must obtain any permission that is necessary, and meet any Cost that is
involved, in gaining access to, or affecting any other property.
7.7.3
The Contractor must make good as soon as possible and pay for any damage to any other
property that results from performing the Contract.
7.7.4
If the Contractor's rights of access over any other property are changed or withdrawn for any
reason, the Contractor's additional Cost and time must be claimed by the Contractor and
valued in the way stated in section 9 Variations and section 11 Time for completing the
Contract Works. This does not apply if the change or withdrawal has been brought about by
the Contractor's negligence, default or abuse.
7.7.5
If the Contractor requires access or rights over other properties in addition to the access or
rights stated in the Contract, the Contractor must make the necessary arrangements. Those
arrangements are entirely at the Contractor's risk and Cost.
7.7.6
The Principal will arrange for air rights over adjacent property where these are necessary for
carrying out the Contract Works. The Contractor shall provide all necessary information to the
Principal.
Fo
rE
7.7.2
Unforeseeable Physical Conditions
7.8.1
The Contractor must notify the Architect as soon as practicable of any Unforeseeable Physical
Conditions which the Contractor believes will increase the Contractor's Cost or delay progress
of the Contract Works.
Unforeseeable Physical Conditions means physical conditions on the Site which materially
differ from the physical conditions which an experienced Contractor should have reasonably
foreseen at the time of tendering. They include artificial obstructions. They do not include
climatic conditions on the Site.
@ NZIA Standard Conditions of Contract SCC 2014
Page 14 of 49
Site
7.8.2
The Contractor must notify the Architect, if at all possible, before the Unforeseeable Physical
Conditions are disturbed.
7.8.3
If the Contractor wants to claim Cost and/or a time extension because of the Unforeseeable
Physical Conditions, the Contractor must, within 10 Working Days, or as soon as practicable
after notifying the Architect of the conditions, give the Architect written details of:
nl
y
7
O
a. any additional materials, Construction Machinery and labour the Contractor proposes to
use;
b. any proposed change to the Contractor's construction programme;
d. an estimate of the Contractor's claim.
The Architect must direct the Contractor to carry out a Variation if the following conditions are
met:
Pu
rp
os
7.8.4
es
c. any anticipated delay to carrying out the Contract Works;
a. the physical conditions are Unforeseeable Physical Conditions;
b. those conditions will cause either the Contractor's Cost to change or delay the progress of
the Contract Works or both.
Contractor to keep Site clean and tidy
7.9.1
The Contractor must:
a. Keep the Site and the Contract Works clean and tidy;
Clearance of Site on completion
7.10.1
The Contractor must remove all Contractor's rubbish, surplus materials and Temporary Works
before Practical Completion. The Contractor must leave the Site and the Contract Works clean
and tidy.
7.10.2
With the Architect's approval the Contractor may keep on the Site, until the end of the Defects
Notification Period, any materials, Construction Machinery, and Temporary Works necessary
for the Contractor to perform any remaining obligations.
7.10.3
With the Architect's approval and where practical the Contractor may continue to keep on the
Site, any materials, Construction Machinery, and Temporary Works necessary for the
Contractor to fulfil any remaining obligations after the end of the Defects Notification Period.
Fo
rE
710
du
ca
tio
na
l
b. Regularly remove all Contractor's rubbish and surplus material;
NZIA Standard Conditions of Contract SCC 2014
Page 15 of 49
8
Contract Works
Contractor must supply all requirements
The Contractor must, except where otherwise listed in Schedule B1 Specific Conditions of
Contract, supply all the labour, materials, services, Temporary Works, and Construction
Machinery that are necessary to complete the Contract Works. The Contractor must include
for the incorporation of materials and items supplied by the Principal.
8.1.2
Apart from Temporary Works and any exception in the Contract, the Contractor must use new
materials and fittings suitable for their stated purpose.
8.1.3
The Architect is entitled to require the Contractor to remove from the Site and replace, within a
stated time, any materials, fittings or work that do not comply with the Contract. The
Contractor must do so at the Contractor's own Cost.
8.1.4
The Contractor must make sure that the workmanship conforms with good trade practice.
Pu
rp
os
Contractor can appoint subcontractors
es
O
nl
y
8.1.1
The Contractor is entitled to appoint subcontractors to do any parts of the Contract Works.
However, the Contractor must not appoint a subcontractor to do the whole or substantially the
whole of the Contract Works without the Principal's prior written consent.
8.2.2
The Contractor must notify the Architect of each subcontractor appointed.
8.2.3
The Contractor must give notice not less than 10 Working Days before the subcontractor
starts work on the Site.
8.2.4
The Contractor's obligations and liability are not affected by the Contractor subcontracting any
part of the Contract Works.
du
ca
tio
na
l
8.2.1
Nominated subcontractors
At the time of Tender, the Principal is entitled to nominate subcontractors to carry out work
included in the Contract, or to supply materials or services required under the Contract.
8.3.2
The Contractor may in the Tender, object to any such nomination, giving reasonable grounds
for doing so. In such event, the Architect must, on behalf of the Principal, advise a fresh
nomination, unless it is agreed that the work or supply or service shall be carried out by the
Contractor, or by a separate contractor employed by the Principal. Where the cost of any
nominated subcontract has not yet been determined, the Contractor must provide in the
Contractor's Tender for the cost of such nominated subcontract by means of a monetary
allowance as provided for in clause 10.1 Prime Cost and Provisional Sums.
8.3.3
The cost of any subcontract nominated after acceptance of Tender must be treated as a
Variation as defined in clause 9.1 Administration of Variations to the Contract Works.
rE
8.3.1
The Contractor must employ the nominated subcontractor to carry out the nominated works or
supply or services.
8.3.5
Each nominated subcontractor employed by the Contractor shall agree to:
Fo
8.3.4
a. carry out the work or supply materials or services to the satisfaction of the Principal;
b. comply with the Contractor's construction programme and the Contractor's reasonable on
site requirements;
c. conform to the conditions of the Contract;
d. indemnify the Contractor for the same liabilities for which the Contractor indemnifies the
Principal under the Contract;
e. indemnify the Contractor for claims in respect of negligence or default of the nominated
subcontractor, and its servants and agents;
NZIA Standard Conditions of Contract SCC 2014
Page 16 of 49
8
Contract Works
f. indemnify the Contractor for damages or loss or cost arising out of delays in completion of
the subcontract works or supply or services.
The Contractor shall not be required to employ a nominated subcontractor which declines to
enter into an appropriate subcontract with the Contractor.
8.3.7
If a nominated subcontractor:
nl
y
8.3.6
O
a. fails without reasonable grounds to enter into a subcontract with the Contractor within 10
Working Days of a written request to do so; or
es
b. repudiates its subcontract, or defaults such that the Contractor is entitled to treat the
subcontract at an end; or
Pu
rp
os
c. refuses to complete the subcontract work by reason of a claimed breach on the part of the
Contractor;
the Contractor shall advise the Principal in writing.
Where notice is given under 8.3.7 and the matter is not resolved within reasonable time, the
Principal must make a fresh nomination, unless it is agreed that the work or supply or service
shall be carried out by the Contractor, or by another subcontractor, or by a separate contractor
employed by the Principal.
8.3.9
Where 8.3.7 (a) or (b) applies, and the Contractor consequently suffers delay or additional
cost, the event giving rise to such delay or cost shall be treated as a Variation. Upon the
written request of the Principal, the Contractor must pursue a claim against the defaulting
nominated subcontractor, at the expense of and for the benefit of the Principal.
du
ca
tio
na
l
8.3.8
8.3.10
Where by reason of breach on the part of the Contractor a nominated subcontractor is entitled
to treat its subcontract at an end, any consequent delay or additional cost must be borne by
the Contractor, and the Contractor shall indemnify the Principal against consequent delay or
cost incurred by the Principal.
Separate contractors
The Principal is entitled to enter into separate contracts for any work, not included in the
Contract, to be carried out on the Site.
8.4.2
The Principal must notify the Contractor as soon as practicable of the Principal's intention to
enter into separate contracts and must give the Contractor all relevant information.
8.4.3
The Principal must make sure each separate contractor complies with the reasonable
requirements of the Contractor including insurances.
rE
8.4.1
The Principal must make sure each separate contractor complies with legislation.
8.4.5
The Contractor must co-operate with all separate contractors and co-ordinate their activities
with the Contractor's work. Subject to 8.4.3, the Contractor must allow each separate
contractor to have access to the Site.
Fo
8.4.4
8.4.6
The Contractor must notify the Architect about any matter that may hinder the Contract Works
being properly completed as a result of a separate contract.
0 NZIA Standard Conditions of Contract SCC 2014
Page 17 of 49
Contract Works
8.4.7
The Principal must:
nl
y
a. reimburse the Contractor for all the Contractor's reasonable Cost incurred because of the
separate contracts; and
b. compensate the Contractor for any expense, inconvenience, disturbance or delay caused
by the separate contracts.
O
The reimbursement and the compensation or any time delay must be claimed by the
Contractor and valued in the way stated in section 9 Variations and section 11 Time for
completing the Contract Works.
The Contractor is not liable for any work done, materials or fittings supplied, damage or loss
caused by the carrying out of a separate contract.
8.5.1
Pu
rp
os
Contractor must take responsibility for the Contract Works
es
8.4.8
The Contractor must take responsibility for the care of the Contract Works from possession of
the Site until the date of Practical Completion. The Contractor does not have to take
responsibility for a Separate Section of the Contract Works from the date of Practical
Completion of that Separate Section or for any part of the Contract Works which the Principal
has occupied. The Contractor must take responsibility for the care of any work to be
completed after Practical Completion.
Contractor's design
The Contractor must carry out design work for the items listed in the Specific Conditions.
8.6.2
The Architect must provide a design brief, scope of works or performance criteria for all
Contractor design items.
8.6.3
The design must include all necessary investigation, design calculations, drawings,
specification of materials and workmanship, producer statements, testing and monitoring of
the design both on and off the Site.
8.6.4
The Contractor must carry out the design of all Temporary Works except where the Contract
Documents provide for that work to be undertaken by others.
8.6.5
The Contractor must carry out all Contractor design with reasonable care, skill and diligence.
No comment, examination, review or approval by the Architect relieves the Contractor of any
responsibility for that part of the Contract Works.
du
ca
tio
na
l
8.6.1
Contractor must make good loss or damage to the Contract Works
The Contractor must make good any loss or damage to the Contract Works:
rE
8.7.1
a. to the extent the Contractor is responsible for the Contract Works; or
Fo
b. which is caused by the Contractor.
8.7.2
The Contractor must do so at the Contractor's own Cost.
However, this does not apply if the loss or damage was caused by any of the following events:
a. war, hostilities (whether war is declared or not), terrorism, invasion, act of foreign enemies,
rebellion, revolution, insurrection or military or usurped power, or civil war;
b. riot or civil commotion, unless it is:
i. solely restricted to the Contractor's or subcontractors' employees and arises from the
Contractor's or subcontractors' conduct of the Contract Works; or
ii. insurable and insurance cover is required as stated in the Specific Conditions.
c. the Principal's use, occupation or taking over of any part of the Contract Works;
NZIA Standard Conditions of Contract SCC 2014
Page 18 of 49
8
Contract Works
d. a defect in the design of the Contract Works other than by the Contractor;
nl
y
e. ionising radiations or contamination by radioactivity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other
hazardous properties of any explosive, nuclear assembly or nuclear component of that
assembly;
O
f. pressure waves from an aircraft or aerial device;
g. earthquake;
es
h. any other consequence of the forces of nature that an experienced contractor could not
foresee, or reasonably provide for, or insure against;
i. pandemics;
Pu
rp
os
j. fair wear and tear of the Contract Works during the Defects Notification Period.
k. Any act or omission of the Principal or of the Architect or of any other Person for whose
acts or omissions the Principal is responsible.
8.7.3
If requested by the Architect and agreed to by the Contractor, the Contractor must make good
any loss or damage caused by any of these events, but at the Principal's expense. The
additional Cost and/or time delay must be claimed by the Contractor and valued in the way
stated in section 9 Variations and section 11 Time for completing the Contract Works.
Inspection and testing
The Architect may at any time require the materials, fittings or work forming part of the
Contract Works to be inspected or tested at the Site or place of manufacture or storage.
du
ca
tio
na
l
8.8.1
The Contractor is responsible for the Cost of any inspection and testing that are required by
the Contract. The Contractor must also make good the Contract Works at the Contractor's
own Cost when the tests are complete.
8.8.3
The Principal is responsible for the cost of any other inspection or testing. The Principal is
responsible for the cost of making good the Contract Works when the tests are complete. The
Contractor is responsible for the Cost of an inspection or testing and making good if it reveals
that any part of the Contract Works, materials or fittings does not comply with the Contract
Documents.
8.8.4
The Architect is entitled to require the Contractor to demonstrate that any defect or noncompliance with the Contract Documents is limited to the area where the defect or noncompliance was discovered. The Architect must have reasonable grounds for requiring this.
Any Cost reasonably incurred to satisfy the Architect must be at the Contractor's expense.
rE
8.8.2
Fo
8.8.5
The Contractor must co-operate, and help the Principal and Architect to obtain any access to
materials, fittings and work not on Site which is needed for the materials, fittings and work to
be inspected and tested.
8.8.6
The Contractor must not cover up without the Architect's prior written consent, any materials,
fittings or work which the Contract specifies is to be tested or inspected.
8.8.7
If the Architect requires an inspection or testing, the Contractor must without undue delay
uncover and expose (or leave uncovered and exposed) the materials, fittings and work to the
extent necessary for the inspection or testing. The Architect is only entitled to require the
exposure to continue for the time that is reasonably necessary.
8.8.8
When the inspections or tests are complete, the Contractor must make good the Contract
Works so that they comply with the Contract Documents.
@ NZIA Standard Conditions of Contract SCC 2014
Page 19 of 49
Contract Works
Emergency action
The Contractor must take any emergency action necessary to protect the Contract Works, any
other property or any Persons affected by the carrying out of the Contract Works and
immediately notify the Architect of the emergency action taken. The Architect may arrange for
the Principal to take the necessary action if the Contractor cannot be contacted or if the
Architect decides that the Contractor is unable, or unwilling to take the necessary action.
8.9.2
The Principal must hand over control of the operations to the Contractor once the Contractor
is able and willing to take the necessary action. The Contractor must pay the Principal's
reasonable cost of taking the emergency action unless the need for the action was due to any
of the events listed in 8.7.2.
8.9.3
The Architect must notify the Contractor of the Principal having taken the emergency action as
soon as practicable, and the extent and Cost of such action.
es
Pu
rp
os
Contractor responsible for safety of people
8.10.1
Insofar as the Site and the Contract Works are under the Contractor's control, the Contractor
must take all reasonable steps to keep them in an orderly state and in such a condition as to
avoid danger to any Person and property.
8.10.2
The Contractor must take all practicable steps to make sure that the Site and Contract Works
are safe for any Person involved in or affected by the carrying out of the Contract Works,
including visitors to the Site, the public and any Person in the vicinity of the Site or Contract
Works.
du
ca
tio
na
l
10
O
nl
y
8.9.1
The Contractor must take all practicable steps to:
a. provide and maintain a safe working environment;
b. make sure that any employee or subcontractor or separate contractor involved in carrying
out the Contract Works is not unnecessarily exposed to hazards which are under the
Contractor's control;
c. have proper procedures for dealing with emergencies that may arise.
The Contractor must comply with all relevant New Zealand safety legislation.
8.10.4
The Contractor must immediately copy to the Architect all reports of serious harm the
Contractor gives to a public authority.
Fo
rE
8.10.3
NZIA Standard Conditions of Contract SCC 2014
Page 20 of 49
9
Variations
Administration of Variations to the Contract Works
The Architect is entitled to direct the Contractor to carry out Variations. A Variation means any
change to the Contract Works including:
nl
y
9.1.1
a. an increase or decrease to, or omission of, any part of the Contract Works;
b. a change to the character or quality of any material or work;
O
c. a change to the level, line, position or dimension of any part of the Contract Works;
d. additional work to be carried out by the Contractor;
es
e. additional demolition or removal of any material or work;
f. a change to the order in which the Contract Works are to be carried out.
9.1.2
Pu
rp
os
but does not include any change to the Contract Works which is so peculiar, so unexpected
and so different from that which the Contract required to be done when it was awarded to the
Contractor.
The Contractor must only carry out a Variation:
a. with the Architect's written Direction;
b. when its value, if any, has been either agreed or set as stated in clause 9.2 Claiming and
valuing Variations.
However the Architect may direct the Contractor to carry out a Variation even though its value
has not been agreed or set.
du
ca
tio
na
l
9.1.3
If the Architect gives a Direction without stating that it is a Variation, the Contractor must notify
the Architect within 10 Working Days or as soon as practicable that the Contractor believes
that the Direction involves a Variation. The Architect must then notify the Contractor within 10
Working Days whether the Architect agrees. If the Architect does not agree, the Contractor's
right to dispute that the Direction involves a Variation is not prejudiced by carrying out the
Architect's Direction.
9.1.5
The Contractor is not bound to carry out a Variation if the Variation is to be carried out after
Practical Completion.
9.1.6
The Contract Price is to be adjusted by the value, if any, of the Variation.
9.1.7
The Contractor is entitled to request the Architect to approve a Variation which is for the
Contractor's own convenience. The Architect may approve the Variation. The Architect is
entitled to make the approval subject to any condition, including conditions that there is to be:
rE
9.1.4
a. no extension of time for Practical Completion;
Fo
b. no extra value for the Variation or anything arising out of the Variation.
9.1.8
The Contract Price may be reduced by the reasonable cost of Architect's and other consultant
services incurred by the Principal as a result of the Contractor's request
No Variation invalidates the Contract
Claiming and valuing Variations
NZIA Standard Conditions of Contract SCC 2014
Page 21 of 49
Variations
Within 10 Working Days of the Variation being directed or as soon as practicable, the
Contractor must nominate a value, if any, of the Variation and ask the Architect to approve it.
The Contractor must give the Architect the information necessary for the Architect to assess
whether the value is correct.
9.2.2
The Architect may direct the Contractor to provide any further information necessary for the
Architect to properly consider the value of the Variation within 10 Working Days of receiving
the Contractor's nominated value. The Contractor must provide this further information within
5 Working Days.
9.2.3
If a schedule of quantities has been provided to the Contractor by the Architect and the
Contractor requires that the Contract Work involved in the Variation be measured, the
Architect must have the work measured and must notify the Contractor of the measurement.
9.2.4
If the Contractor does not nominate a value or does not give the necessary information within
the period stated above, the Architect is entitled to set the value in the way stated in this
clause.
9.2.5
If the Architect does not decide on the value nominated by the Contractor within 10 Working
Days or as soon as practicable of the Contractor providing the information necessary, the
value is the amount the Contractor nominated.
9.2.6
If the value is not otherwise agreed it is normally to be set by using or deriving rates from the
schedule of quantities applicable to the circumstances and nature of the work together with an
allowance for on Site and off Site overheads and profit. If there is no schedule of quantities it
is normally to be set by reference to the Contractor's Tender.
Pu
rp
os
es
O
nl
y
9.2.1
du
ca
tio
na
l
9
9.2.7
If that cannot be done or if the result would be inequitable for any reason, the value is to be
set by reference to what is fair in the circumstances. The following are examples where the
price may have to be set in this way:
a. there is no corresponding original work;
b. the circumstances in which the Variation is to be carried out are different from those
applying to the original work;
c. the change in quantities involved makes the original rates inappropriate.
If the Architect believes that the Contract Works involved in the Variation cannot be measured
and valued as above, the Architect must set the value on the basis of the Cost together with
the margin for profit included in the Contractor's Tender or another margin agreed between
the Architect and the Contractor.
9.2.9
The Contractor may not be entitled to be paid for a Variation arising from the Contractor's
error.
9.2.10
The Contractor is entitled to be paid for the cost of processing a Variation. The cost must be
included in the value of each Variation.
Fo
rE
9.2.8
Contractor notified of value of Variation
9.3.1
The Architect must notify the Contractor of the value the Architect sets for the Variation.
9.3.2
The Architect must include reasons with the notice to the Contractor if:
a. the Contractor has nominated a value, and
b. the value set by the Architect is different from that nominated by the Contractor.
NZIA Standard Conditions of Contract SCC 2014
Page 22 of 49
9
Variations
Change in circumstances
The Contract Price may be adjusted if there is a change in the circumstances under which the
Contract Works are being carried out.
9.4.2
The Contractor must apply to the Architect for an adjustment to the Contract Price if the
Contractor believes that it is justified by a change in the circumstances under which the
Contract Works are being carried out. The Contractor must apply within 10 Working Days or
as soon as practicable after the change in circumstances. As soon as practicable after that the
Architect must notify the Contractor whether or not the Architect agrees that an adjustment is
required. If it is, the Architect must set the value of the adjustment in the way stated in clause
9.2 Claiming and valuing Variations.
9.4.3
If the Contractor does not apply for an adjustment under clause 9.4.2, the Architect may adjust
the Contract Price if there is a change in the circumstances under which the Contract is being
carried out. The Architect must, as soon as practicable, notify the Contractor of the change in
circumstances.
9.4.4
Except for any increase or decrease in cost as a result of any statute, regulation or a change
to the building code, a change in the price or cost of any labour, materials or fittings is not a
change in circumstances within this clause.
9.4.5
If after the date of closing of tenders, the making of any statute, regulation or change to the
building code, or the imposition by Government of a territorial authority of any royalty, fee or
toll increases or decreases the Cost to the Contractor of performing the contract, such
increase or decrease not otherwise provided for in the Contract Documents, the effect shall be
treated as a Variation.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
O
nl
y
9.4.1
@ NZIA Standard Conditions of Contract SCC 2014
Page 23 of 49
I 0 Monetary Allowances
Prime Cost and Provisional Sums
The Contract may provide for any part of the Contract Works to be carried out under one of
the following types of monetary allowances:
nl
y
10.1.1
O
a. Prime Cost Sum means a material related monetary allowance. This provides for the
purchase and supply, to the Site, of specific materials which are to be incorporated into the
Contract Works. The sum does not include the cost associated with the installation of the
materials. The sum includes the net purchase price of the materials, and a reasonable
allowance for the Contractor's expense and margins.
es
b. Provisional Sum means a work or item related monetary allowance. This provides for the
carrying out of a specific part of the Contract Works or for any item that is to be paid for by
the Contractor. It includes all the Contractor's expense and margins.
If any part of the Contract Works is to be carried out under a monetary allowance, the Contract
Documents must state the type of monetary allowance, conditions under which the monetary
allowance is to be spent, how the price is to be obtained and nominate the Person to carry out
the work or provide the materials.
10.1.3
The inclusion of any monetary allowance within the Contract does not mean that the work will
necessarily be carried out or that the materials or item, will necessarily be purchased.
10.1.4
Except as provided in 10.1.3, the Principal has the right to carry out the work, purchase the
materials, or items or to arrange for others to do so.
10.1.5
The Architect must nominate the Person to do the work or to supply the materials or items,
under a monetary allowance. If that Person is not the Contractor, the Person nominated must
agree to:
du
ca
tio
na
l
Pu
rp
os
10.1.2
a. carry out the work or supply the materials or items to the satisfaction of the Architect;
b. comply with the Contractor's construction programme and the Contractor's reasonable
requirements;
c. conform to the conditions of the Contract that apply to the work;
d. indemnify the Contractor for the same liabilities which the Contractor indemnifies the
Principal for under the Contract;
e. indemnify the Contractor for claims due to the nominated Person's negligence or default in
the use or misuse by the nominated Person of the Contractor's Plant and Equipment;
Fo
rE
f. indemnify the Contractor for liquidated or any other damage or loss which arises because
something the nominated Person did directly or indirectly delayed the completion of the
Contract Works;
10.1.6
g. conform to any other conditions stated in the Contract for the expenditure of the monetary
allowance;
h. resolve disputes in a way compatible with this Contract.
The Architect must notify the Contractor of each nomination. The notice must state the
conditions under which the monetary allowance is to be spent. It must include two copies of all
relevant Drawings, Specifications and other information. After receiving the Architect's notice,
the Contractor has 5 Working Days to either enter into a Contract with the Person nominated
or to notify the Architect that the Contractor is not willing to enter into that Contract. If the
Contractor is willing to enter into that Contract the Contractor must do so. If the Contractor is
not willing to enter into that Contract, the Architect is entitled to nominate someone else or to
arrange for the work to be carried out under a separate contract.
NZIA Standard Conditions of Contract SCC 2014
Page 24 of 49
10 Monetary Allowances
2
The Contractor must spend each monetary allowance in the way directed by the Architect. If
there is a difference between the amount spent and the relevant monetary allowance, the
Contract Price is adjusted to take account of the difference. The Contractor must give the
Architect sufficient information to be able to check the expenditure.
nl
y
10.1.7
Contingency sum
If a contingency sum is included in the Contract:
O
10.2.1
a. expenditure of this contingency sum will be arranged at such times and in such amounts
as directed by the Architect;
es
b. the Contract Price must be adjusted by the difference between the total expenditure
authorised by the Architect and the contingency sum stated in the Contract Documents;
Pu
rp
os
c. the contingency sum includes all the Contractor's Cost as may be properly attributable to
the unknown work;
If the expenditure causes a delay to the Contract Works then the Contractor must apply to
extend the time for completing the Contract Works in the way stated in section 11 Time for
completing the Contract Works.
10.2.3
Each expenditure is to be treated as a Variation and valued in the way stated in section 9
Variations.
Fo
rE
du
ca
tio
na
l
10.2.2
NZIA Standard Conditions of Contract SCC 2014
Page 25 of 49
11 Time for completing the Contract Works
Commencement of the Contract Works
The Contractor must start work within 5 Working Days of being given possession of the Site.
11.1.2
The Contractor must notify the Architect when the Contractor intends to start work.
nl
y
11.1.1
Time for completion
The Contractor must achieve Practical Completion of the Contract Works within the time
stated in the Specific Conditions as adjusted for all extensions of time.
O
11.2.1
Construction programme
The Contractor must supply to the Architect the specified construction programme within the
time stated in the Specific Conditions.
11.3.2
The Architect may require from the Contractor from time to time an updated construction
programme taking into account the actual progress of the Contract Works.
11.3.3
A construction programme does not affect the Contractor's obligation to complete the Contract
Works within the time required by the Contract.
Deferral of certain work
11.4.1
Pu
rp
os
es
11.3.1
If requested by the Contractor the Architect may approve the deferral of the completion of
certain work until after Practical Completion. The Contractor must make sure that the deferred
work is completed:
du
ca
tio
na
l
a. without causing inconvenience to the occupier or the Principal;
b. within the time set by the Architect.
Claim for extension of time
11.5.1
The Contractor may apply to the Architect to extend the time for Practical Completion due to a
delay arising from any of the following causes:
a. A consent or approval is not obtained;
b. Unforeseeable physical conditions;
c. The Contract Works are suspended in a way allowed under the Contract;
d. Loss or damage to any part of the Contract Works;
e. Variations;
rE
f. Weather that interferes with the progress of the works;
Fo
g. Strike, lockout or industrial action;
h. The Architect does not give a Direction within a reasonable time after being asked by the
Contractor in writing to do so;
i. The Principal does not supply materials, work or services on time;
j. A separate contractor's act or omission;
k. Something else of significance beyond the Contractor's control.
11.5.2
The Contractor must apply in writing and:
a. do so within 5 Working Days, or as soon as practicable, after the delay begins;
b. state in sufficient detail the grounds for the extension, including the cause of the delay
relied on;
c. specify the number of Working Days claimed.
NZIA Standard Conditions of Contract SCC 2014
Page 26 of 49
11 Time for completing the Contract Works
11.5.3
The Architect must respond to the Contractor's claim within 10 Working Days after the later of:
a. receiving the Contractor's claim; or
In determining whether the Contractor is or will be delayed in achieving Practical Completion
of the Contract Works, or a Separate Section of them, the Architect must not take into
account:
es
11.5.4
O
nl
y
b. receiving sufficient detail for the Architect to properly assess the Contractor's claim. If the
Architect fails to respond within the 10 Working Days the Contractor must notify the
Architect of the failure. If after a further 5 Working Days of such notification the Architect
has not responded, the time for Practical Completion must be extended by the extensions
of time claimed by the Contractor.
Pu
rp
os
a. whether the Contractor can achieve Practical Completion by the required time without an
extension of time.
b. whether the Contractor can, by using more resources, make up the time lost.
11.5.5
If after consideration of the Contractor's claim the Architect finds the claim to be justified, the
time for Practical Completion must be extended.
Contractor to avoid and minimise delays
11.6.1
The Contractor must take reasonable steps to avoid delays and minimise the effects of these
delays.
Delays to Separate Section
If the Specific Conditions allow for Practical Completion of a Separate Section of the Contract
Works and there is a delay in Practical Completion of that Separate Section this section 11
applies to that delay.
du
ca
tio
na
l
11.7.1
Architect may grant extension
11.8.1
The Architect may grant an extension of time to the Contractor for any of the reasons listed in
clause 11.5 Claim for extension of time, even though the Contractor has not made a claim.
Principal's delay or Architect does not grant extension
11.9.1
The time when the Contract Works, or a Separate Section of them, must achieve Practical
Completion is not set at large if:
a. the Principal causes a delay; or
However, nothing in this clause prejudices any right of the Contractor to damages.
Fo
rE
b. the Architect does not grant a reasonable extension of time on time.
NZIA Standard Conditions of Contract SCC 2014
Page 27 of 49
12
Practical Completion
Practical Completion
The Contractor must apply to the Architect of the date that the Contractor considers that the
Contractor will achieve Practical Completion of the Contract Works or a Separate Section of
the Contract Works. The notice must detail any work the Contractor and the Architect have
agreed to defer and the period of deferral.
nl
y
12.1.1
O
Practical Completion means that the Contract Works or a Separate Section of them attain
Practical Completion when:
a. they are able to be used for their intended purpose without material inconvenience;
c. they are complete except for:-
es
b. they have been built generally in accordance with the Contract documents;
Pu
rp
os
i. minor defects and minor omissions for completion during the Defects Notification
Period;
ii. omissions and defects which the Architect becomes aware of during the Defects
Notification Period;
iii. any undiscovered, latent or other defect or omission which the Architect could not have
reasonably discovered;
iv. work which the Architect and the Contractor have agreed to defer for completion during
the Defects Notification Period, or such later date as agreed between the parties.
12.1.2
If the Contractor believes that the date notified for achievement of Practical Completion will
change, the Contractor must notify the Architect, as soon as practicable, of the change to that
date.
12.1.3
If the Contractor's notification is premature or improper the Contractor must re-notify the
Architect when, in the Contractor's opinion, the Contractor will achieve Practical Completion of
the Contract Works. The new notice is subject to clause 12.1.1.
12.1.4
If required by the Specific Conditions, the Contractor must provide to the Architect a
Contractor's advice of achieving Practical Completion in the form given in Schedule El
Contractor's Advice of achieving Practical Completion and producer statements in the form
given in Schedule E2 Producer Statement - Construction, before the Architect prepares the
Practical Completion Certificate.
Architect must inspect the Contract Works
rE
2
du
ca
tio
na
l
d. Information and warranties listed in the Specific Conditions have been provided.
The Architect must decide whether the Contract Works have achieved Practical Completion.
12.2.2
Within five Working Days of receipt of the Contractor's notice, or as soon as practicable after
that, the Architect must start inspecting the Contract Works.
Fo
12.2.1
12.2.3
If the Architect decides that the Contract Works, have attained Practical Completion, the
Architect must as soon as practicable issue a Practical Completion Certificate of the Contract
Works, to the Principal, stating the date on which the Contract Works have attained Practical
Completion. At the same time the Architect must give a copy of the certificate to the
Contractor.
12.2.4
If the Architect decides that the Contract Works, have not achieved Practical Completion, the
Architect must notify the Contractor what has to be done for the Contract Works, to achieve
Practical Completion.
@ NZIA Standard Conditions of Contract SCC 2014
Page 28 of 49
If the Architect does not carry out the Architect's obligations under this clause, the Contractor
is entitled to require the Principal to remedy the Architect's failure within 10 Working Days.
This applies unless the Contractor has prematurely or improperly claimed that the Contract
Works, have achieved Practical Completion.
12.2.6
The Architect's certificate does not affect the Contractor's liability to fulfil any obligation in the
Contract which remains unperformed or not properly performed.
Provision for Practical Completion of a Separate Section
O
Early occupancy
The Principal may occupy the whole or any part of the Contract Works which, in the Architect's
opinion, is ready to be occupied before Practical Completion of the Contract Works, or a
Separate Section of them. However, the Principal must first give the Contractor 15 Working
Days notice.
12.4.2
Within 10 Working Days after the Contractor receives the notice, the Contractor must notify
the Architect specifying both the effect the occupation will have on the Contract and any
additional Cost and time that will be incurred if the Principal occupies the relevant part of the
Contract Works.
12.4.3
Additional Cost and time incurred by the Contractor by reason of the Principal's early
occupation may be claimed as a Variation.
es
12.4.1
Fo
rE
du
ca
tio
na
l
2,4
If the Contract provides for the Contract Works to be completed in Separate Sections and the
Contract Price has been apportioned among those Sections, the provision for insurance, times
for Separate Sections to be completed, bonds, bonuses and any liquidated damages must be
stated in the Specific Conditions. The Architect is not entitled to withhold a Practical
Completion Certificate for a Separate Section on any grounds related to the state of partial
completion of any other section of the Contract Works.
nl
y
12.3.1
Pu
rp
os
2,3
12.2.5
@ NZIA Standard Conditions of Contract SCC 2014
Page 29 of 49
13
Defects Liability
1 3,1:
Architect must notify defects
The Architect must notify the Contractor during the Defects Notification Period of any defective
work, defective materials and defective fittings in the Contract Works.
13.1.2
The Architect's notice must state a reasonable date for the Contractor to comply with the
notice.
13.1.3
The Architect may direct the Contractor to search for the cause of any defect prior to the end
of the Defects Notification Period. If a defect is one which the Contractor is liable to correct,
then the Contractor must do so at the Contractor's own cost. In all other circumstances the
Costs of searching for, and correcting the defect may be claimed by the Contractor and valued
in the way stated in section 9 Variations.
es
O
nl
y
13.1.1
Pu
rp
os
Contractor must correct defects in the Defects Notification Period
The Contractor must correct any defect by the date set and to the satisfaction of the Architect.
The Contractor must correct defects at a time which avoids unnecessary inconvenience to any
occupiers and to do this the Contractor must be given access to the Contract Works at
reasonable times. The Contractor must pay for the Cost of correcting the defects. In specific
circumstances the Architect may direct the Principal to pay all or part of the cost.
13.2.2
The Principal must give the Contractor reasonable access to the Site for the Contractor to
search for or correct defects.
13.2.3
The Contractor must notify the Architect when the Defects Notification Period has ended and
the Contractor has: -
du
ca
tio
na
l
13.2.1
a. completed all minor omissions and corrected all minor defects referred to in clause 12.1
Practical Completion; and
b. completed agreed deferred work.
The Architect must inspect the work within 5 Working Days after receiving the Contractor's
notice. The Architect must without undue delay notify the Contractor whether or not the
Architect is satisfied with the way the defects have been corrected. If the Architect is not
satisfied with the way any defect has been corrected the Architect must notify the Contractor.
In that case, the Contractor must properly correct the defect which the Architect is not satisfied
with and notify the Architect.
13.2.5
If the Contractor does not correct a defect or complete deferred work on time, the Principal
may employ another Person to correct the defect. The Architect must give the Contractor 5
Working Days notice of this intention. The Contractor must pay the Principal's cost for
correcting the defect. The Principal can deduct any cost for correcting the defect from money
owed by the Principal to the Contractor.
rE
13.2.4
Fo
13.2.6
3.3
If any defects occur even though the materials, fittings and workmanship comply with the
Contract, the Architect may direct the Contractor to correct the defects. The Cost of correcting
those defects must be claimed by the Contractor and valued in the way stated in section 9
Variations.
Architect must issue Defects Liability Certificate
13.3.1
The Architect must issue a Defects Liability Certificate to the Principal with a copy to the
Contractor when in relation to the Contract Works or a Separate Section of them:
a. the Defects Notification Period has ended; and
b. deferred work and omissions have been completed; and
c. all defects have been corrected.
13.3.2
The issuing of a Defects Liability Certificate does not affect the Contractor's liability to fulfil any
obligation in the Contract which remains unperformed or not properly performed.
0 NZIA Standard Conditions of Contract SCC 2014
Page 30 of 49
nl
y
O
es
Pu
rp
os
du
ca
tio
na
l
rE
Fo
0 NZIA Standard Conditions of Contract SCC 2014
Page 31 of 49
Payments
Contractor's Payment Claims
The Contractor is entitled to submit a Payment Claim to the Architect once a month. The
Contractor must also submit the Payment Claim to the Principal.
14.1.2
The Payment Claim must:
nl
y
14.1.1
O
a. be in writing;
b. identify the construction contract to which it relates;
es
c. identify the construction work and the relevant period to which it relates;
d. state the due date for payment, which shall be 17 Working Days after the date the
Payment Claim is received by the Architect;
Pu
rp
os
e. state the claimed amount and the manner in which it was calculated, including:
i. the value of the work done, including the value of Variations carried out;
ii. if provided for in the Specific Conditions, the value of any Fluctuations;
iii. the value of materials and fittings delivered to the Site but not yet fixed in place;
iv. if provided for in the Specific Conditions, the value of materials and fittings not yet
delivered to the Site which are included in the claim;
v. any other amount that the Contractor is entitled to under the Contract.
du
ca
tio
na
l
f. Where the payment claim is intended to be a Payment Claim under the Construction
Contracts Act 2002, state that it is made under that Act and include any information
required by that Act.
14.1.3
4.
2
Architect's assessment of Payment Claims
14.2.1
The Architect must assess the Contractor's Payment Claim. In assessing the claim the
Architect must allow a reasonable assessment of the amount payable for items which cannot
be fully verified within the required time.
14.2.2
The Architect must not allow any amount claimed in relation to materials and fittings not yet
delivered to the Site unless it has been provided for in the Specific Conditions and the
Contractor has provided the duly executed Schedule G2 Security for Off Site Goods or
Materials and the materials and fittings are properly and separately stored, labelled the
property of the Principal and insured in the names of the Principal and the Contractor.
rE
1
The information provided by the Contractor must be sufficient for the Architect to assess the
validity of the claim.
Fo
14.2.3
The Architect must deduct the following amounts from the amount the Architect assesses:
a. retentions the Principal is entitled to retain;
b. other amounts which the Contract allows to be deducted;
c. the total of the amounts previously certified for payment
Architect to issue Payment Schedules
14.3.1
The Architect must within 5 Working Days of receiving the Contractor's Payment Claim issue a
Payment Schedule to the Principal and the Contractor. If
a. the Contractor's insurances required by the Contract are not in place; or
b. the Contractor has not provided any bond required by the Contract;
the Payment Schedule must state that no sum is payable and the reason(s) why.
0 NZIA Standard Conditions of Contract SCC 2014
Page 32 of 49
Payments
14.3.2
Any unfixed materials or fittings taken into account in the Payment Schedule become the
property of the Principal when the Contractor is paid. The Contractor must still take care of
them, and must not remove them from the Site.
14.3.3
The issuing of a Payment Schedule neither implies that the Architect or the Principal accepts
the work nor does it relieve the Contractor of responsibility to correct defects.
nl
y
14
14.4.1
O
Requirements of Payment Schedules
A Payment Schedule issued under clause 14.3 must:
b. note the date received and the due date for payment;
es
a. be in writing;
Pu
rp
os
c. identify the Payment Claim and period to which it relates;
d. show the sum certified by the Architect after any deductions which are required by the
terms of the Contract or by law and show the manner in which this sum has been
calculated;
e. state the Architect's reasons for any difference between the sum certified by the Architect
and the claimed amount.
14.4.2
The Payment Schedule is provisional on the basis that it will be replaced if the Principal gives
notice under clause 14.5, but otherwise is deemed to be a Payment Schedule issued by the
Architect acting as agent of the Principal and the sum certified is the Scheduled Amount.
du
ca
tio
na
l
Principal entitled to make amendments or deductions
14.5.1
The Principal is entitled to notify the Architect of any amendments or deductions that the
Principal requires to the sum certified by the Architect. The Principal's notice must:
a. state the manner in which the Principal calculated the amendments or deductions;
b. state the Principal's reasons for the amendments or deductions.
14.5.2
The Principal must do so within 8 Working Days of the date the Architect received the
Payment Claim.
Replacement Payment Schedules
If the Principal gives notice under clause 14.5, then within10 Working Days of the date the
Architect received the Payment Claim the Architect must issue a replacement Payment
Schedule with revisions as required by that notice. The replacement Payment Schedule must
also:
rE
14.6.1
Fo
a. state the amendments or deductions which the Principal has notified, including the manner
in which such amendments or deductions have been calculated and the reasons for the
Principal's amendments or deductions;
14,7
b. state the Scheduled Amount, which will be the sum certified by the Architect under
14.4.1 (d) as amended by amendments and deductions notified by the Principal.
14.6.2
For the purpose of issuing a replacement Payment Schedule under clause 14.6, the Architect
will be acting as the agent of the Principal.
14.6.3
The Architect must send the replacement Payment Schedule to the Principal and the
Contractor.
Principal must pay
14.7.1
The Principal must pay the Scheduled Amount shown in the Payment Schedule together with
the amount of goods and services tax payable no later than the date stated on the Payment
Schedule.
NZIA Standard Conditions of Contract SCC 2014
Page 33 of 49
14 Payments
If the Principal fails to pay on time, the Principal must pay interest compounding monthly. The
interest rate shall be the 1.5 times the Reserve Bank of New Zealand monthly small to
medium-sized enterprise overdraft rate over the relevant period.
14.7.3
In the event of unreasonable delay in the issue of a Payment Schedule for any part of a claim
which is later the subject of a Payment Schedule, the Contractor will be entitled to interest on
the amount owing as set out in 14.7.2, from the date on which it would have been payable if
the delay had not occurred, to the date of payment.
O
nl
y
14.7.2
Correction of Payment Schedules
The Architect may, by any Payment Schedule, correct any previous Payment Schedule.
14.8.2
The Architect shall not be bound to incorporate amendments or deductions sought by the
Principal under clause 14.5 into Payment Schedules issued under clause 14.3.
14.8.3
Amendments or deductions sought by the Principal under clause 14.5 may be in response to
any or all prior Payment Claims.
14.8.4
Failure by the Principal to give notice under clause 14.5 shall not prejudice the right of
recovery or dispute as otherwise provided by the Contract.
Retentions
Pu
rp
os
es
14.8.1
The Principal is entitled to retain an amount to ensure performance and to cover liability for
any defects. This amount is stated in the Specific Conditions.
14.9.2
The Contractor is entitled to require that the amount retained by the Principal is secured in a
manner reasonably acceptable to the Contractor.
du
ca
tio
na
l
14.9.1
When the Architect certifies Practical Completion of the Contract Works or a Separate
Section, the Architect must at the same time issue a Payment Schedule under clause 14.3
showing the retentions payable as the Scheduled Amount. The percentage of the retentions
payable when Practical Completion has been achieved is stated in the Specific Conditions.
14.9.4
When the Architect certifies that the Contractor has completed all omissions, corrected all
defects, completed all deferred work and the Defects Notification Period for the Contract
Works or a Separate Section of them has ended, the Architect must at the same time issue a
Payment Schedule under clause 14.3 showing the balance of the retentions as the Scheduled
Amount. The percentage relating to liability for any defects is stated in the Specific Conditions.
14.9.5
The issuing of a Practical Completion certificate or a Defects Notification certificate does not
relieve the Contractor of any of the Contractor's obligations under the Contract which remain
unperformed or not properly performed.
rE
14.9.3
14.10
Liquidated damages
Fo
14.10.1 If the Contractor does not achieve Practical Completion of the Contract Works, or a Separate
Section of them, within the time stated in the Specific Conditions as adjusted for all
extensions of time, the Principal is entitled to deduct liquidated damages at the rate stated in
the Specific Conditions. The liquidated damages will run from the due date for Practical
Completion of the Contract Works, or Separate Section of them, to the actual date of Practical
Completion of the Contract Works, or Separate Section.
14.10.2 The liquidated damages for any Separate Section do not apply in respect of any period for
which liquidated damages are applied in respect of the whole of the Contract Works.
14.10.3 Without prejudice to any other means of recovery, the Principal may deduct the amount of
liquidated damages from any monies payable to the Contractor in accordance with the terms
of the Contract and, for that purpose shall notify the Architect under clauses 14.5.1 and 15.3.1
requiring the deduction.
0 NZIA Standard Conditions of Contract SCC 2014
Page 34 of 49
14
Payments
Bonus for early completion
nl
y
14.11.1 If the Architect certifies that the Contract Works, or a Separate Section of them, have achieved
Practical Completion before the due date for Practical Completion, the Contractor is entitled to
any bonuses stated in the Specific Conditions. The bonuses are to be added to the Contract
Price.
O
Goods and services tax
14.12.1 Clause 14.12 will only apply where both the Principal and the Contractor are registered under
the Goods and Services Tax Act 1985.
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
14.12.2 Any Payment Claim or final Payment Claim prepared by the Contractor will not be a GST
Invoice. Unless stated otherwise in the Special Conditions, when the Architect issues a
Payment Schedule or Final Payment Schedule he or she must on behalf of the Principal
ensure that the Payment Schedule is in the form required to constitute a GST Invoice.
@ NZIA Standard Conditions of Contract SCC 2014
Page 35 of 49
15 Final Payment
Submission of final Payment Claim
After the Practical Completion certificate has been issued and no later than the time stated in
the Specific Conditions or within such additional time as the Architect may reasonably allow,
the Contractor's final Payment Claim must be submitted to the Architect. The Contractor must
send a copy of the final Payment Claim to the Principal.
15.1.2
Except for any amount resulting from a disputes procedure and the correction of any clerical
or accounting error, no further Payment Claim may be submitted after submission of the final
Payment Claim.
15.1.3
The final Payment Claim must:
a. be in writing and be endorsed "Final Payment Claim";
Pu
rp
os
b. identify the construction contract to which it relates;
es
O
nl
y
15.1.1
c. identify the construction work and the relevant periods to which it relates;
d. state that the due date for payment is 10 Working Days after the date of the Final Payment
Schedule;
e. state the claimed amount and the manner in which it was calculated, including:
i. the value of the work done, including the value of Variations carried out;
H. if provided for in the Specific Conditions, the value of any fluctuations;
du
ca
tio
na
l
iii. all outstanding claims.
iv. Where the payment claim is intended to be a Payment Claim under the Construction
Contracts Act 2002, state that it is made under that Act and include any information
required by that Act.
15.1.4
S
The information provided by the Contractor must be sufficient for the Architect to fully assess
the validity of the claim.
Architect's assessment of final Payment Claim
15.2.1
The Architect must assess the final Payment Claim.
15.2.2
The Architect must deduct the following from the total amount the Architect assesses:
a. any retentions the Principal is still entitled to retain;
rE
b. any other amounts which the Contract allows to be deducted;
c. the total of the amounts previously certified for payment.
Fo
15.2.3
When all claims have been assessed, the Architect must prepare a certificate in the form of a
Final Payment Schedule. The Final Payment Schedule must:
a. contain the information referred to in 14.4.1 (a) to (e);
b. state that it is provisional, on the basis that it will be replaced if the Principal gives notice
under clause 15.3, but otherwise is deemed to be the Final Payment Schedule issued by
the Architect acting as agent for the Principal, and the sum certified is the Scheduled
Amount;
c. be issued to the Principal and the Contractor.
15.2.4
Should the issue of this Final Payment Schedule take longer than 1 month, the Architect must
issue a certificate in the form of a Payment Schedule for all amounts due under the Contract
which can be certified at that time and the process under clauses 14.3 to 14.8 will apply. That
Payment Schedule must be accompanied by a statement setting out the reasons why the
Final Payment Schedule cannot be issued.
0 NZIA Standard Conditions of Contract SCC 2014
Page 36 of 49
15 Final Payment
15.2.5
The Architect must continue to issue such Payment Schedules at monthly intervals until the
Final Payment Schedule is issued.
The Principal is entitled to notify the Architect of any amendments or deductions that the
Principal requires to be made to the sum certified by the Architect. The Principal's notice
must:
O
15.3.1
nl
y
Principal entitled to make amendments or deductions
a. state the manner in which the Principal calculated the amendments or deductions;
15.3.2
A
The Principal must do so within 10 Working Days of the date of the Payment Schedule.
Architect must re-issue the Final Payment Schedule
15.4.1
If the Principal gives notice under clause 15.3, then within 5 Working Days of receiving it, or in
any event not later than 15 Working Days after the date of the Payment Schedule issued
under 15.2.3, the Architect must re-issue the Final Payment Schedule with revisions as
required by that notice. The Final Payment Schedule must contain the information referred to
in 15.2.3 and must also:
Pu
rp
os
5
es
b. state the Principal's reasons for the amendments or deductions.
a. state any amendments or deductions which the Principal has notified including the manner
in which such amendments or deductions have been calculated and the reasons for the
Principal's amendments or deductions;
5
du
ca
tio
na
l
b. state the Scheduled Amount, which will be the sum certified by the Architect under 15.2.3
as amended by any amendments or deductions notified by the Principal.
15.4.2
For the purposes of issuing the Final Payment Schedule under 15.4.1 the Architect will be
acting as agent of the Principal.
15.4.3
The Architect must send the re-issued Final Payment Schedule to the Principal and the
Contractor.
Principal must pay
15.5.1
The Principal must pay the Scheduled Amount shown in the Final Payment Schedule together
with the amount of goods and services tax payable:
a. within 25 Working Days of the date the Final Payment Schedule issued under 15.2.3 or,
rE
b. within 10 Working Days of the date of any Final Payment Schedule issued under clause
15.4,
whichever is the earlier.
Fo
15.5.2
15.5.3
5.6
If the Principal fails to pay on time, the Principal must pay interest compounding monthly. The
interest rate shall be 1.5 times the Reserve Bank of New Zealand monthly small to mediumsized enterprise overdraft rate over the relevant period.
In the event of unreasonable delay in the issue of a Final Payment Schedule for any claim, or
part of a claim, which is subsequently the subject of a Final Payment Schedule, the Contractor
is entitled to interest on the amount owing as set out in 15.5.2, from the date on which it would
have been payable if the delay had not occurred, to the date of payment.
Effect of Final Payment Schedule
15.6.1
When the Final Payment Schedule is issued, the Principal's obligations to the Contractor
cease except for obligations to pay:
a. the Scheduled Amount set out on the Final Payment Schedule;
b. any retentions which become payable;
@ NZIA Standard Conditions of Contract SCC 2014
Page 37 of 49
15 Final Payment
c. any monies which are or become payable as a result of a dispute;
d. any previously Scheduled Amounts which are unpaid;
If the Architect gives a decision under 17.3.3 which amends the Final Payment Schedule, the
Architect will, as soon as practicable, implement the process provided under clauses 15.2 to
15.5.
Failure by the Contractor to submit a final Payment Claim
es
If the Contractor fails to submit the final Payment Claim the Architect will make an assessment
and forward this to the Contractor. The Contractor then has 10 Working Days in which to notify
the Architect about any objection to the assessment and the reasons for the objection/s. The
Architect must then issue a certificate in the form of a Final Payment Schedule and the
process under clauses 15.2 to 15.5 will apply.
Disputing Final Payment Schedule
The Final Payment Schedule cannot be disputed by the Contractor or the Principal more than
20 Working Days after it has been issued under clause 15.4, or more than 35 Working Days
after it has been issued under 15.2.3, or more than 20 Working Days after any relevant
Adjudicator's Determination, whichever is the later.
Fo
rE
du
ca
tio
na
l
15.8.1
Pu
rp
os
15.7.1
O
15.6.2
nl
y
e. any interest which is or becomes payable on Scheduled Amounts not paid on time.
0 NZIA Standard Conditions of Contract SCC 2014
Page 38 of 49
16
Suspending work and ending the Contract
10.1
Contractor may suspend work for non-payment
If the Principal fails to pay a Scheduled Amount which is owed by the Principal to the
Contractor under the Contract, or has not provided security to the Contractor's satisfaction, the
Contractor is entitled to notify the Principal and the Architect that the Contractor will suspend
work if this amount remains unpaid after a further 5 Working Days. The Contractor must
deliver the notice by receipted delivery or by hand. If the Contractor suspends work as stated
in this clause, the Contractor does not have to resume work until the amount owing, plus any
Cost incurred in relation to the suspension, are paid to the Contractor or payment is secured
to the Contractor's satisfaction.
16.1.2
17.3.2 does not apply to this clause.
Contractor may end Contract
The Contractor may end the Contract by notifying the Principal and the Architect, by receipted
delivery or by hand, in any of the following circumstances where the Principal fails to correct
the problem within 10 Working Days.
Pu
rp
os
16.2.1
es
O
nl
y
16.1.1
a. The Contractor has suspended work in accordance with clause 16.1 Contractor may
suspend work for non-payment, payment in full has not been made or security to the
Contractor's satisfaction has not been given, and the Contractor has given the Principal
and the Architect 5 Working Days notice of the Contractor's intention to end the Contract.
du
ca
tio
na
l
b. The Principal becomes bankrupt, dies, compounds with creditors, makes an assignment
for the benefit of creditors, goes into liquidation, or has a receiver appointed, and, despite a
request by the Contractor, the Official Assignee, other assignee, executor, liquidator or
receiver fails for 10 Working Days to take over the Principal's obligations under the
Contract on terms which are satisfactory to the Contractor.
c. The Contract Works are suspended or delayed because of something done or not done by
the Principal or the Architect, or because of legal proceedings brought against the Principal
by a third party, and the Principal fails to remove the cause of the suspension or delay for
10 Working Days after the Contractor has given the Principal and the Architect a notice
requiring the Principal to do so. This clause does not apply to a suspension under clause
16.4 Architect may suspend work.
d. A repeated or deliberate failure by the Principal to carry out the Principal's obligations
under the Contract.
Rights when Contractor ends Contract
If the Contractor ends the Contract, as stated in clause 16.2 Contractor may end Contract, the
Contractor is entitled to exercise any rights the Contractor may have, including the right to
recover from the Principal any Cost incurred and any loss suffered because of what the
Principal has done or not done. This does not affect any right the Contractor may have to
extensions of time under the Contract.
Fo
rE
16.3.1
Architect may suspend work
16.4.1
If necessary, the Architect may direct the Contractor to suspend progress on any part of, or
the whole of the Contract Works. The Contractor must comply.
16.4.2
During the suspension the Contractor must protect the Contract Works against damage. When
the suspension starts, the Contractor must leave the Site, or the relevant part of it, in a safe
and tidy condition.
16.4.3
The Contractor can claim any additional Cost which the Contractor reasonably incurs because
of the suspension unless the suspension is due to the fault of the Contractor. The additional
Cost must be claimed by the Contractor and valued in the way stated in section 9 Variations.
0 NZIA Standard Conditions of Contract SCC 2014
Page 39 of 49
16 Suspending work and ending the Contract
If the suspension remains in effect for more than 60 Working Days, the Contractor may
request the Architect, in writing, for permission to allow the suspended work to continue. If the
Architect does not grant permission to continue within 20 Working Days of the request, then
the Contractor may treat the suspension as:
nl
y
16.4.4
O
a. a Variation which deletes the uncompleted portion of the suspended work from the
Contract; or
b. an abandonment of the Contract by the Principal if the suspension affects the whole of the
Contract Works.
The Principal is entitled to notify the Contractor, by receipted delivery or by hand, that the
Contract is at an end if the Contractor becomes bankrupt, dies, compounds with creditors,
makes an assignment for the benefit of creditors, goes into liquidation, or has a receiver
appointed, and, despite a request by the Principal, the Official Assignee, other assignee
executor, liquidator or receiver fails for 10 Working Days to make arrangements to take over
the Contract Works which are satisfactory to the Principal.
Pu
rp
os
16.5.1
es
Principal may end Contract for insolvency, death or liquidation of Contractor
Principal may also end Contract in certain other circumstances
16.6.1
The Architect is entitled to notify the Contractor requiring the Contractor to correct any of the
following:
du
ca
tio
na
l
a. A failure to begin the Contract Works, or a failure to continue with them regularly and
diligently for reasons which do not justify an extension of time;
b. A failure to comply with a notice from the Architect requiring the Contractor to correct
defective work;
c. A repeated or deliberate failure to carry out obligations under the Contract.
1 6.7
16.6.2
The Architect must deliver the notice by receipted delivery or by hand to the Contractor.
16.6.3
If the Contractor fails to correct the problem within 10 Working Days, the Principal is entitled to
end the Contract by giving the Contractor notice by receipted delivery or by hand. The
Principal is also entitled to do so if the Contractor corrects the problem, but the same listed
circumstance occurs again within 6 months of the Contractor receiving the Architect's notice.
Principal's rights if Principal ends Contract
If the Principal ends the Contract as stated in clauses 16.5 or 16.6, the Principal is deemed to
be in possession of the Contract Works. The Contractor's interest in the Contract Works and
in materials, fittings and Construction Machinery on the Site is transferred to the Principal. The
Principal is entitled to:
Fo
rE
16.7.1
a. complete the Contract Works; use the materials, fittings, Construction Machinery, for that
purpose; and employ any other Person;
b. recover from the Contractor any reasonable costs incurred in completing the Contract
Works as certified by the Architect;
c. sell by public auction or in some other way agreed to by the Contractor any surplus
materials or fittings, and the Principal's interest in the Construction Machinery. The net
proceeds are to be deducted from the Contractor's liability to the Principal. The Principal
must pay any balance to the Contractor.
NZIA Standard Conditions of Contract SCC 2014
Page 40 of 49
16 Suspending work and ending the Contract
Frustration of the Contract
a. the value of work carried out less the amounts previously paid
nl
y
If the Principal or the Contractor considers that the Contract has become impossible to
perform or has otherwise been frustrated, the other must be notified. If the other Person
agrees, or in the event of disagreement if it is so determined by the Architect or in accordance
with clause 17.3 Resolution of disputes, then the Architect must certify and the Principal must
then pay the Contractor:
O
16.8.1
Pu
rp
os
c. cost fluctuation adjustments due and payable;
es
b. the cost of materials ordered for the Contract Works which have been delivered to the
Contractor or of which the Contractor is legally obliged to accept delivery, and which the
Contractor delivers to the Principal. These materials are the property of the Principal on
delivery to the Principal;
d. fair compensation to the Contractor for any Cost which is included in a rate in the schedule
of quantities to the extent that the termination of the Contract causes an under-recovery of
that Cost;
e. any Cost reasonably incurred by the Contractor in relation to the Contract Works and
which would have been reasonably necessary to complete the Contract Works to the
extent that the Cost is not covered by other payments under this clause;
du
ca
tio
na
l
f. the Cost of any work necessary due to the removal of the Contractor's Construction
Machinery and the carrying out of the Architect's instructions for the making safe of the
Contract Works.
If the Contract has become impossible to perform or has otherwise been frustrated the
Principal can deduct from moneys otherwise due to the Contractor any money due from the
Contractor to the Principal under the Contract.
Fo
rE
16.8.2
0 NZIA Standard Conditions of Contract SCC 2014
Page 41 of 49
17 Disputes
Disputing Architect's Directions
An Architect's Direction, including the value of a Variation agreed or set by the Architect,
cannot be disputed by the Contractor or the Principal more than 20 Working Days after it has
been given, or as soon as practicable thereafter, or more than 20 Working Days after the date
on which any relevant Adjudicator's Determination is given to the parties, whichever is the
later, unless notice of the dispute has been given to the Architect within that time.
O
nl
y
17.1.1
Adjudication
The Principal and the Contractor may at any stage agree to suspend any dispute resolution
under this section 17 due to any Adjudication proceedings, but in the absence of any such
agreement, the provisions of this section 17 will continue to apply and neither party will be
entitled to suspend or delay any dispute resolution under this section 17 due to any
Adjudication proceedings.
67,3
Resolution of disputes
17.3.1
Pu
rp
os
es
17.2.1
If a dispute arises, between the Principal and the Contractor about anything in relation to:
a. any Direction, act or omission by the Architect;
b. the Contract, including rectification and frustration of the Contract; or
c. the Contract Works;
du
ca
tio
na
l
the Principal or the Contractor must notify the Architect giving a copy of the notice to the other
stating that there is a dispute, and giving details of it, and requiring the Architect to give a
formal written decision. This includes disputes over previous Directions by the Architect.
17.3.2
The Contractor is not entitled to suspend work under clause 17.3.1 except if directed by the
Architect.
17.3.3
The Architect must give a formal written decision within 10 Working Days. The Architect is
entitled to modify a previous Direction. The Architect's decision must refer to this clause.
Subject to clauses 17.4 and 17.5, or any Adjudication proceedings, the Architect's formal
decision is final and binding.
Dispute may be referred to mediation
17.4.1
If either the Principal or the Contractor is dissatisfied with the Architect's formal decision, or no
decision is given within the required time, then either the Principal or the Contractor may by
notice require that the matter in dispute be referred to mediation.
Fo
rE
a. The notice requiring mediation must be in writing and must be given by the Principal or the
Contractor to the other within 30 Working Days of the Architect's formal decision, or within
20 Working Days of the notice given under clause 17.3 Resolution of disputes if the
Architect fails to give a formal decision within the required time under clause 17.3.3;
b. Where a request for mediation is made and is accepted by the other party, then the
Principal and the Contractor will endeavour to agree on a mediator and must submit the
matter in dispute to him or her. All discussions in mediation will be without prejudice and
will not be referred to in any later proceedings. The Principal and the Contractor must bear
their own costs in the mediation, and must each pay half the costs of the mediator;
c. The Principal and the Contractor may at any stage agree to invite the mediator to give a
decision to determine the matter. The mediator's decision in such case will be binding on
both parties unless within 10 Working Days either party notifies the other in writing that it
rejects the mediator's determination.
NZIA Standard Condittons of Contract SCC 2014
Page 42 of 49
17 Disputes
Dispute must be referred to Arbitration
If mediation is not commenced or settlement is not achieved within 30 Working Days of the
notice requiring mediation, the Principal and the Contractor must refer the dispute to
Arbitration. They must appoint an arbitrator within 15 Working Days.
17.5.2
If the Principal and the Contractor cannot agree on an arbitrator within the 15 Working Day
period of the notice referring the dispute to arbitration, either party may request an arbitrator to
be appointed by the Person named in the Specific Conditions.
17.5.3
The award of the arbitrator is final and binding on the Principal and the Contractor.
17.5.4
However, the Principal and the Contractor are entitled to bring court proceedings to:
es
O
nl
y
17.5.1
a. recover any undisputed payment under the Contract; or
Fo
rE
du
ca
tio
na
l
Pu
rp
os
b. seek urgent injunctive or declaratory relief.
NZIA Standard Conditions of Contract SCC 2014
Page 43 of 49
Miscellaneous
Limitations on liability
Contract in force
18.2.1
The Contract comes into force when the Contractor is notified by the Principal or Architect that
the Contractor has been awarded the Contract.
O
13,2
Any limitations on liability in this Contract do not apply to the extent only that any legislation
prevents the parties from limiting their liability.
nl
y
18.1.1
Law that applies
The Contract is issued in New Zealand. The law of New Zealand applies to this Contract.
es
18.3.1
Waiver of conditions
13,5
Except as provided at law or elsewhere in the Contract, nothing in the Contract can be varied,
waived, discharged or released, unless both parties agree in writing.
Restriction on assignment
18.5.1
The Contract can only be assigned if both parties agree in writing.
Language to be used
18.6.1
The Principal, the Contractor and the Architect must use the English language for all
communications.
Currency of payments
All money payable under the Contract must be paid in New Zealand dollars.
du
ca
tio
na
l
18.7.1
Pu
rp
os
18.4.1
Delivery of notices
18.8.1
Every notice must be in writing. It must be: -
a. delivered to the addressee by hand; or
b. delivered to the street address as stated in the Specific Conditions; or
c. posted to the postal address stated in the Specific Conditions; or
d. sent by email to the email address stated in the Specific Conditions.
18.8.2
Notices under
rE
Clause 16.1 Contractor may suspend work for non-payment;
Clause 16.2 Contractor may end Contract;
Clause 17.3 Resolution of disputes;
Fo
and except for Payment Claims, notices under the Construction Contracts Act 2002, must be
a. delivered to the addressee by hand; or
b. delivered to the street address as stated in the Specific Conditions.
18.8.3
The Principal and the Contractor must notify the other if either intends to change their address
for delivery or transmission of notices.
18.8.4
The Contractor may give notices, addressed to the Principal, to the Architect. This does not
apply to notices given under clauses 16.1, 16.2, 17.3 and notices under the Construction
Contracts Act 2002.
18.8.5
The notice is effective when it is delivered or transmitted. Any notice which is served on a day
other than a Working Day, or after 5.00 pm on a Working Day shall take effect on the next
Working Day. If the notice is sent by post it is effective on the 3rd Working Day immediately
after it is posted.
@ NZIA Standard Conditions of Contract SCC 2014
Page 44 of 49
18 Miscellaneous
Finding valuables and items of interest
The Contractor does not own any valuables, or items of scientific or other interest which the
Contractor discovers on the Site. The Principal owns those things unless anyone else has
rights established under other legislation.
18.9.2
The Contractor must report the presence of valuables or items of interest to the Architect as
soon as the Contractor becomes aware of their existence.
18.9.3
The Contractor must protect them undisturbed pending the Architect's Directions.
18.9.4
If additional Cost are reasonably incurred by the Contractor, which the Contractor could not
have reasonably foreseen at the time of Tendering, the Principal must pay the Contractor that
amount. The additional Cost must be claimed by the Contractor and valued in the way stated
in section 9 Variations.
18.9.5
If the discovery causes a delay to the Contract Works then the Contractor must apply to
extend the time for completing the Contract Works in the way stated in section 11 Time for
Pu
rp
os
es
O
nl
y
18.9.1
completing the Contract Works.
Complying with statutory requirements
18.10.1 In carrying out the Contract, the Principal and the Contractor must comply with all statutes,
regulations, and by-laws of public authorities.
Computation of time
du
ca
tio
na
l
18.11.1 Time periods from any day, act or event stated in the Contract start on the first Working Day
immediately following the day, act or event, unless inconsistent with the context. This does not
apply to notice periods which are covered by clause 18.8.5.
Units of measure
18.12.1 All measurements of physical quantities specified in the Contract Documents are in New
Zealand legal units unless specifically stated otherwise.
Privacy of personal information
18.13.1 Any personal information given by one party to the other must be kept private, unless
expressly agreed otherwise in writing. The personal information must only be used for the
purpose for which it was given.
Words importing plural and singular
rE
18.14.1 Where the context requires, words importing the singular only, also include the plural and vice
versa.
Confidentiality
Fo
18.15.1 The Contractor must keep confidential all matters relating to the Contract. The Contractor
must not disclose any information, unless it has prior written approval of the Principal. This
does not apply to:
a. the disclosure of information that is necessary for the Contractor to carry out its obligations
under the Contract or to enforce any of its rights under it; and
b. disclosure that is required by law.
Goods and Services Tax
18.16.1 Unless otherwise noted, all amounts referred to, including the Contract Price, exclude Goods
and Services Tax.
0 NZIA Standard Conditions of Contract SCC 2014
Page 45 of 49
19
Interpretation
Meanings of words
The following words have the following meanings in the Contract unless inconsistent with the
context.
nl
y
19.1.1
Adjudication means adjudication under the Construction Contracts Act 2002.
Arbitration means arbitration under the Arbitration Act 1996.
O
Adjudicator's Determination means an adjudicator's determination under the Construction Contracts
Act 2002.
es
Architect means the architect practice named in the Specific Conditions, or a successor, appointed by
the Principal to provide architect services relating to this Contract.
Pu
rp
os
Architect's Representative means the individual named in the Specific Conditions appointed by the
Architect to fulfil the Architect's obligations under this Contract.
Basic Costs means the price of materials, from normal sources of supply, which form part of the
Contract Works, effective on the date 5 Working Days before the closing date for tenders. The
Contractor's Basic Costs include subcontractors' basic costs.
Construction Machinery means provision, operation and maintenance of equipment such as cranes,
hoists, pumps, compressors, generators, and the like, necessary for the construction of the Contract
Works, but not to be incorporated in the Contract Works.
du
ca
tio
na
l
Contract refers to the Contract between the Principal and the Contractor as defined in the Contract
Documents.
Contract Agreement is Schedule Al Contract Agreement.
Contract Documents are the documents listed in the Contract Agreement, which make up the Contract,
together with all supplementary information issued to the Contractor by the Architect during the progress
of the Contract.
Contract Price is the amount stated in the Contract Agreement as adjusted under the Contract.
Contractor means the individual named as the Contractor in the Specific Conditions including
executors, administrators, successors and permitted assigns of the Contractor.
Contract Works means everything to be carried out by the Contractor as stated in the Contract
Documents including Temporary Works.
Cost means expense or loss including on Site overheads and off Site overheads and profit.
rE
Defects Notification Period is the period stated in the Specific Conditions. It begins on the date of
Practical Completion. If the Architect certifies Practical Completion for a Separate Section of the
Contract Works, it begins for that Separate Section on the date of Practical Completion of that Section.
Fo
Directions must be in writing. They include but are not limited to approvals, assessments,
authorisations, certificates, decisions, demands, determinations, instructions, notices, orders,
permissions, rejections or requirements.
Drawings refers to all drawings of the Contract Works described or included in the Contract together
with any modification or addition provided for in the Contract.
Fluctuation means an increase or decrease in Basic Costs.
Final Payment Schedule means the schedule referred to in clause 15.4 Architect must re-issue Final
Payment Schedule.
Payment Claim means any Payment Claim issued by the Contractor to the Architect including the Final
Payment Claim.
NZIA Standard Conditions of Contract SCC 2014
Page 46 of 49
19
Interpretation
Payment Schedule means any Payment Schedule issued under the Contract including a Provisional
Payment Schedule, Payment Schedule or Final Payment Schedule.
nl
y
Person means any individual, partnership, body of Persons, firm, company or organisation whether
corporate or not.
Practical Completion has the meaning ascribed to it in clause 12.1 Practical Completion.
O
Prime Cost Sum has the meaning ascribed to it in clause 10.1 Prime Costs and Provisional Sums.
es
Principal means the individual named as the Principal in the Specific Conditions including executors,
administrators, successors and permitted assigns of the Principal.
Provisional Sum has the meaning ascribed to it in clause 10.1 Prime Costs and Provisional Sums.
Pu
rp
os
Scheduled Amount means the amount stated in any Payment Schedule which the Principal is required
to pay to the Contractor.
Separate Section means any part of the Contract Works required in the Contract to be completed
separately from the remaining Contract Works.
Site refers to the land, buildings and other places made available by the Principal for the purposes of
carrying out the Contract Works.
Special Conditions refers to the contractual conditions in schedule B2 Special Conditions of Contract
which are additional to or amend these NZIA Standard Conditions of Contract.
Specific Conditions means all the items included in schedule B1 Specific Conditions of Contract.
du
ca
tio
na
l
Specifications means the specification of the Contract Works described or included in the Contract and
any modification or addition provided for in the Contract.
Statement of Fluctuations refers to the statement prepared by the Contractor which shows the
Fluctuations which have occurred for the period for which a claim for Fluctuations is being made and
includes the amounts, calculated as percentages, described in Schedule Cl Fluctuations in Cost,
clause 8 Margin for subcontractors and clause 9 Contractor's cost recovery.
Temporary Works means the provision, operation and maintenance of:
Temporary facilities necessary for the Contractor's Site operations, including security fencing,
hoardings, roads, site office and shelter buildings, office communications, electricity and potable
water supply, ablution facilities and drainage, and the like.
•
Preparatory or enabling works not forming part of the permanent Contract Works, including
shoring, scaffolding, safety barriers, lighting, recycling and environmental control systems, and
the like.
rE
•
Tender means the offer made by the Contractor to carry out the Contract Works.
Fo
Unforeseeable Physical Conditions has the meaning ascribed to in clause 7.8 Unforeseeable Physical
Conditions.
Variation has the meaning ascribed to it in clause 9.1 Variations
Working Day means a calendar day other than any Saturday, Sunday, public holiday or any day falling
within the period from 24 December to 5 January both inclusive.
NZIA Standard Conditions of Contract SCC 2014
Page 47 of 49
20 Index
Contractor must make good loss or damage to the
Contract Works • 18
A
nl
y
Contractor must supply all requirements • 16
Adjudication • 42
Contractor must take responsibility for the Contract
Works • 18
Administration of Variations to the Contract Works
21
O
Contractor notified of value of Variation • 22
Contractor responsible for safety of people • 20
Architect appointed at all times • 2
Contractor to avoid and minimise delays • 27
Architect may grant extension • 27
Contractor to obtain consents and approvals • 8
Architect may suspend work • 39
Contractor warrants intellectual property is not
breached • 5
Architect must issue Payment Schedules • 33
Pu
rp
os
Architect must issue Final Payment Schedule 37
es
Amendment of Payment Schedules 34
Contractor's bond in lieu of retentions 6
Architect not responsible for payments to Contractor
8
Contractor's main obligations • 2
Architect's assessment of final Payment Claim • 36
Contractor's performance bond • 6, 7
Architect's assessment of Payment Claims 32
Architect's other Site representatives • 2
Copyright and ownership of Contract Documents • 4
Currency of payments • 44
du
ca
tio
na
l
Architect's role • 2
Contractor's Payment Claims • 32
Defects Liability • 30
Bonds 6
Deferral of certain work • 26
Bonus for early completion • 35
Delays to Separate Section/s 27
Breach of bond obligations by Contractor • 6
Delivery of notices 44
Directions by the Architect • 8
Disputes 41, 42
Disputing Architect's Directions - 42
Change in circumstances 23
Disputing Final Payment Schedule • 38
Change of Architect • 3
Documents 4
Claim for extension of time • 26
Documents required at Practical Completion • 9
rE
Claiming and valuing Variations • 22
Computation of time • 45
Early occupancy • 29
Conditions on consents or approvals • 9
Effect of Final Payment Schedule • 37
Construction programme 26
Emergency action • 20
Commencement of the Contract Works • 26
Fo
Complying with statutory requirements • 45
Contingency sum • 25
Contract Documents • 4, 5
Contract in force 44
Contract Works • 16
Contractor can appoint subcontractors • 16
Failure by the Contractor to submit a final Payment
Claim • 38
Contractor may end Contract • 39
Final Payment • 36
Contractor may suspend work for non-payment - 39
Finding valuables and items of interest • 45
Contractor must correct defects in the Defects
Liability Period • 30
Frustration of the Contract • 41
0 NZIA Standard Conditions of Contract SCC 2014
INDEX
Principal to obtain consents and approvals • 8
Goods and services tax • 35, 45
Principal warrants intellectual property is not
breached 5
Principal's bond • 7
Principal's delay or Architect does not grant
extension • 27
Inconsistencies in Contract Documents 4
Principal's main obligations • 2
Indemnity 10
Principal's rights if Principal ends Contract • 40
Indemnity by Contractor • 10
Privacy of Personal Information • 45
Indemnity by Principal 10
Provisional Sums • 24
nl
y
Inspection • 19
Inspection and testing • 19
Insurance 11
Reduction in liability to indemnify • 10
O
Interpretation • 46
Release of Contractor's performance bond • 6
Law that applies • 44
Limitations on liability • 44
Liquidated damages • 34
Meanings of words 46
Miscellaneous • 44
Resolution of disputes 42, 43
Restriction on assignment 44
Retentions • 34
Rights when Contractor ends Contract • 39
Separate contractors • 17
Submission of final Payment Claim • 36
Suspending work and ending the Contract • 39
du
ca
tio
na
l
Monetary Allowances • 24
Requirements of provisional Payment Schedules •
33
Pu
rp
os
Language to be used • 44
es
Release of Principal's performance bond • 7
Nominated subcontractors • 16
Testing • 19
Time for completion • 26
Payment Claims • 32
Payments • 32
Possession of the Site • 15
Practical Completion • 28
rE
Practical Completion of a Separate Section • 29
Times for starting and completing the Contract
Works • 26
II
Units of measure 45
Prime Cost and Provisional Sums • 24
Prime Cost Sums • 24
Fo
Principal entitled to make amendments or
deductions 37
Variations • 21
Principal may also end Contract in certain other
circumstances • 40
Principal may end Contract for insolvency, death or
liquidation of Contractor • 40
Waiver of conditions • 44
Principal must pay • 33, 37
Words importing plural and singular 45
0 NZIA Standard Conditions of Contract SCC 2014
INDEX
Tender Documens
Contract:
<Contract>
Location:
<Location>
nl
y
This tender is for:
Tender Schedules
Tender Documents
Schedule Ti
Specific Conditions of Tender
Schedule T2
Special Conditions of Tender
Schedule T3
General Conditions of Tender
Schedule T4
Tender Submission
Schedule T5
Tender Summary
Conditions of Contract:
Pu
rp
os
Schedule T
es
The documents issued for this tender include the following:
O
Tender Documents:
NZIA Standard Conditions of Contract SCC 2014 and Schedules
Specifications:
Drawings:
du
ca
tio
na
l
The following specifications
<Type specifications here>
The following drawings
Name
Revision
Fo
rE
Drawing Number
Other documents:
The following other documents
<Type other documents here>
©NZIA SCC:2014
Schedule T Tender Documents.— Page 1 of 1
Spe©
Conditions of Tender
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
nl
y
Contract Details
O
Submission of Tenders (Refer Schedule 13 General Conditions of Tender clause 1.)
<Principal>
Address:
<Address>
Time/Day/Date:
<Time/Day/Date>
Email*:
<Email>
Pu
rp
os
The Principal:
es
To
When an email address is included here, the Tender may be submitted by this means.
Tender enquiries must be addressed to the Architect at:
<Practice>
Person:
<Person>
Email*:
<Email>
Telephone:
<Telephone>
Mobile*:
du
ca
tio
na
l
Practice:
<Mobile>
When an email address or mobile number is included here, the tenderer enquiries may be submitted by
these means.
Access to the Site
Date/Time:
Conditions:
Contact person:
<Date/Time>
<Conditions>
<Contact person>
Tender deposit (Refer Schedule T3 Conditions of Tender clauses 5 and 8.)
Amount:
$- or No deposit required
rE
Deposit for Tender Documents (Refer Schedule 13 Conditions of Tender sub-clause 7.2)
Amount:
$- or No deposit required
Tender validity period (Refer Schedule T3 Conditions of Tender clause 9.)
Fo
Validity period:
ONZIA SCC:2014
1 month
Schedule T1 Specific Conditions of Tender —Page 1 of 1
Special Conditions of Tender
There are no Special Conditions of tender
The following Special Conditions of Tender modify the standard conditions:
<Type detail here>
nl
y
Clause <#>
Delete clause/subclause <Enter # here> and replace with the following:
Add the following to clause/subclause <Enter # here>
Fo
rE
du
ca
tio
na
l
Pu
rp
os
es
O
<Type detail here>
ONZIA SCC2014
Schedule T2 Special Conditions of Tender— Page 1 of 1
Generai Conditions of Tender
1.
Submission of Tender
nl
y
1.1 The Tender must be submitted at the place and by the time and date stated in Schedule Ti Specific
Conditions of Tender. The Tender must be submitted either by:
being in a sealed envelope marked "Tender" together with the Contract name and delivered to the
place stated in Schedule Ti Specific Conditions of Tender; or
b.
email to the address stated Schedule Ti Specific Conditions of Tender (if allowed) together with
details of the Contract.
O
a.
2.
Scope of work tendered for
Pu
rp
os
es
1.2 If the Tender is submitted by email it will only be considered if the original Tender, together with any
required deposit, is delivered on the next Working Day immediately following the date for submission of
Tenders stated above. The original Tender must be in a sealed envelope marked "Original of Tender
sent by email" with the details of the Contract.
2.1 The tenderer must Tender to carry out the whole of the Contract Works as required by the Contract
Documents.
2.2 The Architect may ask the tenderer to provide a list of proposed subcontractors before accepting the
Tender.
2.3 The Architect may ask the tenderer to provide additional information during the Tender evaluation. The
tenderer must supply that information in the form and within the time stated in the Architect's request.
Tender to be based on documents
du
ca
tio
na
l
3.
3.1 The Tender must be in the required form and it must include all information asked for in the Tender
documents. To make sure that all Tenders are uniform, the tenderer must base the Tender on the
Tender documents which include any notices sent to tenderers before the close of Tenders.
3.2 The amount tendered must be stated on Schedule T4 Tender Submission and in Schedule T5 Tender
Summary. The tenderer must complete the Schedules where they are provided.
4.
Tenderer must check the Site
4.1 The tenderer must inspect the Site and find out about conditions including effects of adjoining
properties. The tenderer must allow in the Tender for all conditions on the Site during the Contract
which an experienced contractor would reasonably foresee at the time of tendering.
4.2 The Principal must provide access to the Site by prior arrangement as stated in the Specific Conditions
of Tender.
Tender Deposit
rE
5.
Fo
5.1 If a deposit is required, the tenderer must send a non-transferable cheque for the amount stated
payable to the Trust Account identified in the Specific Conditions of Tender with the original Tender.
The successful tenderer's deposit will be refunded with the first Payment Schedule. Unsuccessful
tenderer's deposits will be refunded within 5 Working Days of the Tender being awarded.
5.2 If nobody has been awarded the Contract within the period stated, the Architect will notify the tenderers
and return all deposits.
6.
Acceptance
6.1 The lowest Tender or any Tender will not necessarily be accepted.
6.2 The successful tenderer will be notified in writing by the Architect or the Principal that the tender has
been accepted.
6.3 Unsuccessful tenderers who have submitted a tender will at the same time be notified by the Architect
of the name of the successful tenderer and the other tender prices as submitted.
©NZIA SCC:2014
Schedule T3 Conditions of Tender— Page 1 of 2
General Conditions of Tender
Return of Tender documents
nl
y
7.
O
7.1 The tenderer must return the Tender documents to the Architect within 5 Working Days of being notified
that the Tender was unsuccessful. However, the tenderer can retain the schedule of quantities used to
prepare the Tender. If the tenderer does not return the Tender documents in good order (fair wear and
tear excepted) the tenderer must pay the cost of the Tender documents to the Architect.
8.
es
7.2 The Principal may require a deposit, payable to the Trust Account, for the documents as stated above.
This deposit is to be refunded on the return of the Tender Documents in good order.
Repudiation of Contract
Pu
rp
os
8.1 If the Tender is accepted and before taking possession of the Site, the tenderer withdraws from the
Contract or does not sign it within 10 Working Days of the Architect asking the tenderer to do so, the
Principal will regard the tenderer as having ended the Contract and forfeited the tenderer's deposit.
8.2 The Principal will accept the tenderer's deposit towards satisfaction of a claim for damages for breach
of Contract. The Principal accepts the deposit without prejudice to any other right or action.
9.
Tender validity period
9.1 The Tender is to remain valid for the period stated in Schedule Ti Specific Conditions of Tender, from
the date of submission of the Tender.
Fo
rE
du
ca
tio
na
l
9.2 If no Tender is accepted within the Tender validity period, each tenderer must be notified in writing by
the Architect whether its Tender is or is not still under consideration.
ONZIA SCC:2014
Schedule T3 Conditions of Tender — Page 2 of 2
Tender Submission
<Principal>
Care of:
<Care of>
Street Address:
<Street address>
Postal address:
<Postal address>
Email:
<Email>
O
The Principal:
nl
y
To
<Contract>
Location:
<Location>
Principal:
<Principal>
Contractor:
<Contractor>
The Tender
Pu
rp
os
Contract:
es
Tender submission for:
We, the undersigned, offer to carry out the whole of the Contract Works in accordance with the Tender documents
for the sum of:
$<0.00> excluding Goods and Services Tax
(in words):
<Contract price in words >
du
ca
tio
na
l
Contract price:
Acknowledgements
We acknowledge :
a) That tenders must be submitted in the manner laid out in Schedule T3 General
Conditions of Tender Item 1.
b) That tenders must be received by the date / time stipulated in Schedule Ti Specific
Conditions of Tender Item 2.
c)
That late tenders will not be considered.
d) Receipt of Notice(s) to Tenderers numbered <Start #> to <End #> and we have
allowed for these notices in our Tender.
rE
Site inspection (Refer Schedule T3 General Conditions of Tender Item 4.)
We confirm that we have inspected the Site and found out about Site conditions including
the effects of adjoining properties, and have allowed for all conditions on the Site, which
we, as an experienced Contractor reasonably foresee at the time of Tendering.
Fo
Time for Completion
Working days:
Is nominated in Schedule B1 item 11.2
Based on the information made available to us for the tender we require the following
number of Working Days from the date of possession of the Site to achieve Practical
Completion of the Contract Works:
<Working days>
Information
The following required information is attached
a) Tender Summary
b) List of proposed subcontractors
c)
ONZIA SCC:2014
Other
Schedule T4 Tender Submisison— Page 1 of 2
Tender Submission
Tender submitted by:
Date:
nl
y
Signed by:
O
For:
Name of company/Tenderer
es
Street address:
Telephone:
Fo
rE
du
ca
tio
na
l
Email:
Pu
rp
os
Postal address:
@NZIA SCC:2014
Schedule T4 Tender Subnasison— Page 2 of 2
Contract:
<Contract>
Location:
<Location>
Principal:
<Principal>
nl
y
Tender Summary
Tenderer:
CBI Reference
O
This Tender Summary must be included with the Tender submission for the Tender to be considered.
Trade / Work Section
Amount
Preliminaries
1250
Scaffolding
2000 Site
2110
Demolition
2240
Excavation
2310
Piling
Pu
rp
os
1200
es
1000 General
Bored piling
2312
Precast concrete piling
2313
Sheet piling
2313
2316
42331
du
ca
tio
na
l
2311
Steel piling
Timber piling
Underpinning
3000 Structure
3111
3112
3121
3122
3150
Reinforcement for in situ concrete
In situ concrete
Sprayed concrete
Precast concrete
rE
3140
Formwork
Composite concrete
3421
Light steel framing
3800
Timber framing
Concrete masonry
3410
Structural steel
Fo
3320
3821
Framing
3821
Fixings
3821
Trusses
4000 Enclosure
4100
Tanking
4111
Asphaltic tanking
4121
Liquid tanking
ONZIA SCC:2014
Schedule 15 Tender Summary — Page 1 of 5
Tender Summary
Trade / Work Section
Sheet tanking
4161
Damp proof membrane
4161
Wraps and underlays
4200
Wall cladding
Curtain walling
4220
Timber wall cladding
4230
Flat sheet cladding
4240
Profiled sheet cladding
4280
Plaster cladding
4290
Trim and finishing work
Pu
rp
os
4210
4250
Proprietary cladding system
4260
Masonry veneer cladding
Brick cladding
4263
Concrete masonry cladding
4270
Stone cladding
4310
4320
4400
4500
4510
4520
4530
4554
rE
4568
du
ca
tio
na
l
4261
4300
O
4131
nl
y
Amount
es
CBI Reference
4600
Roofing
Sheet roofing
Tile roofing
Membrane roofing
Exterior windows and doors
Timber windows and doors
Aluminium windows and doors including glazing
Steel windows and doors
Screens, shutters and louvres
Skylights and roof windows
Glazing
Glazing
4614
Glass balustrades
4614
Glass screens
Fo
4611
4700
Insulation
4910
Metalwork
4821
Fleshings
4911
Steel metalwork
4924
Stainless steel metalwork
4933
Aluminium metalwork
5000 Interior
ONZIA SCC:2014
Schedule T5 Tender Summary — Page 2 of 5
Tender Summary
Trade / Work Section
Amount
5111
Fibre cement linings
5112
Fibrous plaster linings
5113
Plasterboard linings
5120
Timber linings
5150
Trim and finishing work
5210
Partitions
Proprietary partitions
5211
Steel partitions
5212
Timber partitions
5214
Toilet partitions
Pu
rp
os
5211
Interior doors and windows
5310
Suspended ceilings
5430
Floors
5511
Cabinetry
5574
5521
du
ca
tio
na
l
5231
5512
nl
y
CBI Reference
O
Wall and ceiling linings
es
5100
Furniture, fittings and equipment
Stairs, handrails and balustrades
Hardware
6000 Finishes
6200
6310
6410
6511
6700
rE
6750
6740
Fo
6742
6744
6810
Tiling
Overlay flooring
Resilient surfacing
Carpeting
Painting
Wall coverings
Protective coatings
Fire rated coatings
Corrosion protection systems
Water proofing and underlays
7000 Services
7100
Plumbing (water supply)
7120
Water pipework
7120
Tanks and cylinders
7151
Sanitaryware, tapware and accessories
7200
7211
ONZIA SCC:2014
Gasfitting
Gas pipework
Schedule T5 Tender Summary — Page 3 of 5
Tender Summary
7300
Fire protection
CBI Reference
Trade / Work Section
Amount
7312
Fire sprinklers
7350
Fire detection systems
7380
Fire protection appliances
Drainage (liquid disposal)
Sanitary plumbing
7411
Rain water systems
7461
Foul water drainage
7451
Storm and ground water drainage
7500
Heating and cooling
Pu
rp
os
7421
7540
Hydronic heating system
7552
Electric under floor heating
7556
Solid fuel space heating
7550
Other heating and cooling
7700
7720
7720
7740
7761
7800
7900
Ventilation and air conditioning
du
ca
tio
na
l
7600
es
7400
nl
y
Gas appliances
O
7221
Electrical
Power distribution
Electrical distribution and switch boards
Light fittings
Electrical appliances
Communications, data, security and audio visual
Lifts and escalators (transport)
8000 External
rE
8100
8200
Retaining walls
Roads and pavings
Roading, driveways and preparation
8220
Vehicles crossings
8251
Road marking
Fo
8210
8300
Landscaping
8320
Had landscape
8310
Soft landscape
8400
$<0.0 0>
Pools
Subtotal
ONZIA SCC:2014
Schedule T5 Tender Summary — Page 4 of 5
Tender Summary
nl
y
Margin (Off-site overheads and profit)
PCS#01
Prime Cost Sum for the supply of <Type here>
PCS#02
Prime Cost Sum for the supply of <Type here>
O
Monetary Allowances — Prime Cost Sums
Provisional Sum for the supply of <Type here>
Provisional Sum for the supply of <Type here>
Contingency Sum
Pu
rp
os
Monetary Allowances — Contingency Sums
es
Monetary Allowances — Provisional Sums
Contract price (excluding Goods and ServicesTax)
Fo
rE
du
ca
tio
na
l
Transfer this figure to Schedule T4 Tender Submission
ONZIA SCC:2014
Schedule T5 Tender Summary — Page 5 of 5