CONSTRUCTION PROCUREMENT GUIDELINES 1 INFORMATION SHEET - STANDARD TYPES OF CONTRACT
INFORMATION SHEET
Standard Types of Contract
Construction Procurement Guidelines
October 2019 v2
Designer/professional services contracts
Te Kāhui Whaihanga | New Zealand Institute of Architects (NZIA)
Agreement for Architects Services (AAS)
Engineering New Zealand and Association of Consulting Engineers New Zealand (ACENZ)
Conditions of Contract for Consultancy Services (CCCS)
Short Form Agreement (SFA)
New Zealand Institute of Quantity Surveyors (NZIQS)
Contract for Quantity Surveying Consultancy Services (CQSCS)
Construction contracts
New Zealand Standards
Conditions of contract for building and civil engineering (NZS 3910, 3916 and 3917)
New Engineering Contracts (NEC)
NEC3 and NEC4
Te Kāhui Whaihanga | New Zealand Institute of Architects (NZIA)
Standard Construction Contract (SCC)
National Building Contract (NBC)
International Federation of Consulting Engineers (FIDIC)
Red, Yellow and Silver books
Designer/professional services contracts
Te Kāhui Whaihanga | New Zealand Institute of Architects (NZIA)
https://www.nzia.co.nz/store
Agreement for Architects Services (AAS)
NZIA has developed Agreement for Architects Services (AAS) standard conditions of contract for engagement
of architects for professional design services (which has a clear scope of services and is aligned with the NZCIC
Guidelines).. They can be used by all architect members of the NZIA and is available for Government client use.
They are:
• Agreement for Architects Services (AAS) 2018
• Agreement for Architects Services Short Form 2018
• Agreement for Architects Services Small Projects 2018
CONSTRUCTION PROCUREMENT GUIDELINES 2 INFORMATION SHEET - STANDARD TYPES OF CONTRACT
INFORMATION SHEET
Engineering New Zealand and
Association of Consulting Engineers New Zealand (ACENZ)
https://www.engineeringnz.org | https://www.acenz.org.nz/contracts
Conditions of Contract for Consultancy Services (CCCS)
ACENZ has developed a contract, Conditions of Contract for Consultancy Services (CCCS), for both consultant
and client use.
Originally developed in 2000 by Auckland Regional Contracts Group, ACENZ, Engineering New Zealand
(formerly IPENZ), Association of Local Government Engineers New Zealand (ALGENZ) (then INGENIUM and
now known as Institute of Public Works Engineering Australasia New Zealand (IPWEA NZ)) and Transit NZ (now
NZTA). The contract has been reviewed by a mixed panel of both consultants and clients to get fair and
reasonable terms and conditions.
CCCS is recommended for general use for procuring and providing professional consultancy services. The
general contract conditions are intended to be increased or adapted to suit by using the special conditions
section.
Short Form Agreement (SFA)
Engineering New Zealand, with ACENZ and other key stakeholders, has developed standard contractual
documents to support their members to follow recognised professional practice when engaging with clients on
commercial matters.
The Short Form Agreement (SFA) is a two-page document acceptable for use on small to medium projects as
risk and responsibility are reasonably shared between the parties.
New Zealand Institute of Quantity Surveyors (NZIQS)
http://www.nziqs.co.nz
Contract for Quantity Surveying Consultancy Services (CQSCS)
The Contract for Quantity Surveying Consultancy Services (CQSCS) is recommended by NZIQS for use by its
members when contracting to provide quantity surveying (QS) services. It contains an appendix with examples
of services that can be cut and pasted to describe the services a QS is being engaged to provide.
CONSTRUCTION PROCUREMENT GUIDELINES 3 INFORMATION SHEET - STANDARD TYPES OF CONTRACT
INFORMATION SHEET
Construction contracts
New Zealand Standards
Conditions of contract for building and civil engineering (NZS 3910, 3916 and 3917)
Standards New Zealand provides standard forms of general conditions of contract for incorporation into
construction contract documents. It enables principals, engineers, and contractors to quickly establish
contractual arrangements that deliver a wide variety of building and civil engineering projects.
There are three contracts in the suite:
• NZS 3910:2013
– Conditions of contract for building and civil engineering – Construction
• NZS 3916:2013 – Conditions of contract for building and civil engineering – Design and construct
• NZS 3917:2013 – Conditions of contract for building and civil engineering – Fixed term
New Engineering Contracts (NEC)
http://www.neccontract.com
NEC3 and NEC4
The NEC forms of contracts have been developed based on principles of partnering and a more collaborative
approach between the client and contractor in sharing risks and rewards. These forms of contract require a
high degree of involvement and commitment from both the client and contractor, as they involve a proactive
approach to managing project risks. Within the standard forms there are a range of options for pricing
mechanisms.
Te Kāhui Whaihanga | New Zealand Institute of Architects (NZIA)
https://www.nzia.co.nz/store
Standard Construction Contract (SCC)
NZIA has developed the Standard Construction Contract (SCC) for use between client and contractor on
construction projects where the architect is engaged to administer the contract. These have been developed
collaboratively between representatives of the NZIA and Registered Master Builders. There are two main
versions:
• NZIA SCC 2018 - for project of any size and complexity.
• NZIA SCC Short Form 2018 - a short form version designed for use on smaller or less complex projects.
National Building Contract (NBC)
NZIA also provides two forms for use when the architect isn’t contractually involved in the administration or
control of the contract:
• National Building Contract (General 2018) – for use on larger projects.
• National Building Contract (Short form 2018) – for use on small works projects.
CONSTRUCTION PROCUREMENT GUIDELINES 4 INFORMATION SHEET - STANDARD TYPES OF CONTRACT
INFORMATION SHEET
International Federation of Consulting Engineers (FIDIC)
http://www.fidic.org
Red, Yellow and Silver books
FIDIC publishes various forms of internationally-recognised standard contracts for use on a range of delivery
models and type of projects, including construction works, large-scale machinery supplies, infrastructure
projects and consultancy services. Each contract applies to a specific area and is characterised by an individual
colour label.
The three most common forms of FIDIC contract are:
• Red Book - Conditions of contracts for construction (Second Ed. 2017)
The Red Book is for projects where the employer carries out the design, but it also allows for some
elements of the project to be contractor-designed. The Red Book isn‘t suitable for use where most of
the works are to be designed by the contractor. For such projects it‘s more appropriate to use the
Yellow Book or Silver Book.
• Yellow Book - Conditions of contracts for plant and design-build (Second Ed. 2017)
The Yellow Book is for contracts where the contractor has most of the design responsibility.
• Silver Book - Conditions of contracts for engineering, procurement and construction (EPC)/turnkey
(Second Ed. 2017)
The Silver Book is for turnkey projects. This contract places significant risks on the contractor. The
contractor is also responsible for most of the design.
