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NZIA SCC 2011 Schedules Reference copy.pdf

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Schedule A1<br />

Contract Agreement<br />

This Agreement is for<br />

Contract: ~<br />

Location: ~<br />

Contract<br />

This Agreement is between<br />

the Contractor: ~<br />

and<br />

the Principal: ~<br />

for<br />

Contract Price: $~<br />

Physical address of Site of the Contract Works<br />

Contractor<br />

Principal<br />

It is agreed as follows:<br />

Contract Price (excluding Goods and Services Tax)<br />

~<br />

Contract Documents:<br />

Principal’s letter of acceptance<br />

Contract Price in words (excluding Goods and Services Tax)<br />

1) The Contractor will carry out the obligations imposed on the Contractor by the<br />

Contract Documents.<br />

2) The Principal will pay the Contractor the Contract Price or such greater or<br />

lesser sum as will become payable under the Contract Documents together<br />

with Goods and Services Tax at the times and in the manner provided in the<br />

Contract Documents.<br />

3) Each party will carry out and fulfil all other obligations imposed on that party<br />

by the Contract Documents.<br />

The Contract Documents are this Schedule A1 Contract Agreement and the<br />

following which form part of this Contract:<br />

~ dated ~<br />

Post Tender correspondence:<br />

~<br />

The Tender<br />

Contractor’s Tender Submission dated ~ as attached<br />

Contractor’s Tender Summary dated ~ as attached<br />

Notices to Tenderers<br />

Notice to tenderer 01 ~ dated ~<br />

The following schedules:<br />

Schedule A1 Contract Agreement<br />

Schedule B1 Specific Conditions of Contract<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule A1 Contract Agreement and Contract Documents - Page 1 of 2


Schedule A1<br />

Schedule B2<br />

Schedule C1<br />

Schedule C2<br />

Schedule D1<br />

Schedule D2<br />

Schedule D3<br />

Schedule E1<br />

Schedule E2<br />

Schedule E3<br />

Schedule E4<br />

Schedule F1<br />

Schedule F2<br />

Schedule F3<br />

Schedule F4<br />

Schedule F5<br />

Schedule G1<br />

Schedule G2<br />

Contract Agreement<br />

Special Conditions of Contract<br />

Fluctuations in Cost<br />

Schedule of Quantities<br />

Contractor’s Performance Bond<br />

Principal’s Bond<br />

Contractor’s Bond in lieu of Retentions<br />

Contractor’s advice of achieving Practical Completion<br />

Producer Statement - Construction<br />

Practical Completion Certificate<br />

Defects Liability Certificate<br />

Specific Conditions of Insurance<br />

Confirmation of Insurance - Contract Works<br />

Confirmation of insurance - General (Public) Liability<br />

Confirmation of Insurance Motor Vehicle Third Party Liability<br />

Confirmation of Insurance Construction Plant and Equipment<br />

Warranty Agreement<br />

Security for off Site goods / materials<br />

The following additional documents:<br />

~<br />

<strong>NZIA</strong> Standard Conditions of Contract <strong>SCC</strong>:<strong>2011</strong><br />

Specifications issued prior to the date of acceptance of Tender<br />

Drawings issued prior to the date of acceptance of Tender<br />

This Contract Agreement is signed by the Contractor<br />

Signed by/date:<br />

Date<br />

Name:<br />

Print name of person authorised to sign<br />

This Contract Agreement is signed by the Principal<br />

Signed by/date:<br />

Date<br />

Name:<br />

Print name of person authorised to sign<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule A1 Contract Agreement and Contract Documents - Page 2 of 2


Schedule B1<br />

Specific Conditions of Contract<br />

Principal<br />

Principal: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Mobile: ~<br />

Facsimile: ~<br />

Principal’s representative<br />

Person: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Mobile: ~<br />

Facsimile: ~<br />

Principal’s address for submission of Payment Claims<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Facsimile: ~<br />

Contractor<br />

Contractor: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Mobile: ~<br />

Facsimile: ~<br />

Architect<br />

Practice: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Facsimile: ~<br />

Architect’s Representative<br />

Person: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Facsimile: ~<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B1 Specific Conditions of Contract - Page 1 of 5


Schedule B1<br />

Specific Conditions of Contract<br />

Quantity Surveyor<br />

Practice: ~<br />

Person: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Mobile: ~<br />

Facsimile: ~<br />

Type of Contract<br />

This is a:<br />

Rule 2.1<br />

Full size:<br />

Reduced size:<br />

Electronic:<br />

Specifications:<br />

Other documents: ~<br />

Rule 3.1<br />

Where there is a Schedule of Quantities, Schedule C2 applies and the Quantity<br />

Surveyor is:<br />

Lump Sum Contract<br />

Lump Sum Contract with monetary allowances<br />

Lump Sum Contract with a Schedule of Quantities<br />

Other<br />

Contract Documents<br />

The Architect must provide to the Contractor the following copies of the Contract<br />

Documents<br />

Drawings<br />

~ copies<br />

~ copies<br />

~ copies<br />

Other documents<br />

~ copies<br />

Cost of additional copies of the Contract Documents<br />

~<br />

Amount of Bond: $~<br />

Form of Bond:<br />

Rule 3.3<br />

Amount of Bond: $~<br />

Form of Bond:<br />

Contractor’s performance bond<br />

A Contractor’s Performance Bond is not required<br />

A Contractor’s Performance Bond is required<br />

Schedule D1 Contractor’s Performance Bond<br />

Contractor’s bond in lieu of retentions<br />

A Contractor’s Bond in lieu of Retentions is not acceptable.<br />

A Contractor’s Bond in lieu of Retentions is acceptable.<br />

Schedule D3 Contractor’s Bond in lieu of Retentions<br />

Rule 3.5<br />

Principal’s bond<br />

A Principal’s Bond is not available.<br />

A Principal’s Bond is available.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B1 Specific Conditions of Contract - Page 2 of 5


Schedule B1<br />

Specific Conditions of Contract<br />

Amount of Bond: $~<br />

Form of Bond:<br />

Schedule D2 Principal’s Bond<br />

Rule 4.7<br />

Warranties and other information<br />

Warranties and other information required from the Contractor which are essential<br />

for the Principal’s use of the Contract Works.<br />

~<br />

Rule 7.1<br />

Time/date: ~<br />

Site possession date<br />

Time after notification of acceptance of Tender/date for Principal to give<br />

possession of the Site to the Contractor.<br />

Rule 8.1<br />

Rule 8.3<br />

Rule 8.4<br />

Rule 8.6<br />

Principal supply items<br />

The Principal is not supplying any items for inclusion in the Contract Works.<br />

The Principal is supplying the following items for inclusion in the Contract Works.<br />

~<br />

Nominated subcontractors<br />

The Principal is not nominating any subcontractor to carry out any work or to<br />

provide goods or services.<br />

The Principal is nominating the following subcontractors to carry out the following<br />

work on the Site or to provide the following goods or services.<br />

~<br />

Separate contractors<br />

The Principal is not engaging any other people to carry out any work.<br />

The Principal is engaging the following separate contractors to carry out the<br />

following work on the Site.<br />

~<br />

Contractor’s design<br />

The Contractor must carry out design work for the following items:<br />

~<br />

Rule 10.1<br />

Rule 10.1<br />

Prime Cost Sums<br />

There are no Prime Cost Sums included in this Contract.<br />

There are Prime Cost Sums included in this Contract.<br />

Tender Summary.<br />

Provisional Sums<br />

There are no Provisional Sums included in this Contract.<br />

There are Provisional Sums included in this Contract.<br />

Tender Summary.<br />

They are listed in the<br />

They are listed in the<br />

Rule 10.2<br />

Contingency Sum<br />

There is no contingency sum included in this Contract.<br />

There is a contingency sum included in the Contract. It is listed in the Tender<br />

Summary.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B1 Specific Conditions of Contract - Page 3 of 5


Schedule B1<br />

Specific Conditions of Contract<br />

Rule 11.2<br />

Time/date: ~<br />

Rule 11.3<br />

Time:<br />

Date: ~<br />

Practical Completion<br />

Time from date Contractor is given possession of the Site for Contractor to achieve<br />

Practical Completion of the Contract Works:<br />

Construction programme<br />

The Contractor is to supply construction programme:<br />

~ Working Days after notice of acceptance of Tender.<br />

Rule 12.1<br />

Rule 12.2<br />

Rule 13.1<br />

Contractor’s advice of achieving Practical Completion<br />

A Contractor’s Advice of Achieving Practical Completion is required. The form for<br />

this is Schedule E1. Contractor’s advice of achieving Practical Completion.<br />

A Contractor’s Advice of Achieving Practical Completion is not required.<br />

A Producer Statement - Construction is required. The form for this is Schedule E2.<br />

Producer Statement - Construction<br />

A Producer Statement - Construction is not required.<br />

Separate Sections<br />

There are no Separate Sections.<br />

The work is to be completed in the following Separate Sections.<br />

~<br />

Defects Liability Period<br />

3 Months<br />

Rule 14.1.2<br />

Practice: ~<br />

Person: ~<br />

Street Address: ~<br />

Postal Address: ~<br />

E-mail: ~<br />

Telephone: ~<br />

Mobile: ~<br />

Fluctuations<br />

Fluctuations are not allowed.<br />

Fluctuations are allowed.<br />

Fluctuations in cost will be calculated on the basis of assessment by verification as<br />

set out in Schedule C1 Fluctuations in Cost. For the purpose of verifying<br />

fluctuations the Quantity Surveyor is:<br />

Rule 14.1.2<br />

Rule 14.2.3<br />

Off Site Payments<br />

Offsite payments are not allowed.<br />

Offsite payments are allowed but only for the following:<br />

~<br />

Retentions<br />

10% of the first $200,000.00; plus<br />

5% of the next $800,000.00; plus<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B1 Specific Conditions of Contract - Page 4 of 5


Schedule B1<br />

Specific Conditions of Contract<br />

1.75% of any amount in excess of $1,000,000.00<br />

Maximum: $200,000.00<br />

Release of retentions<br />

40% of the retentions are payable when Practical Completion has been achieved.<br />

Rule 14.10<br />

Rate:<br />

Liquidated damages<br />

Liquidated damages do not apply to this Contract.<br />

Liquidated damages apply to this Contract<br />

$~ per calendar day<br />

Rule 14.11 Bonus for early completion<br />

There is no bonus for early completion.<br />

Bonus for achieving Practical Completion before the due date for completion.<br />

Amount: $~ per calendar day excluding Goods and Services Tax<br />

Maximum amount: $~ excluding Goods and Services Tax<br />

Rule 15.1.1<br />

Time:<br />

Rule 17.3.6<br />

Final Payment Claim<br />

Time after Practical Completion for the Contractor to submit the final Payment<br />

Claim.<br />

Three months from the date of achieving Practical Completion.<br />

Appointment of an arbitrator<br />

President of the Arbitrators and Mediators Institute of New Zealand Inc.<br />

Registrar of the Building Disputes Tribunal (NZ) Limited<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B1 Specific Conditions of Contract - Page 5 of 5


Schedule B2<br />

Special Conditions of Contract<br />

There are no Special Conditions of Contract<br />

The following Special Conditions of Contract modify the standard conditions:<br />

Rule ~ ~<br />

Delete rule ~ and replace with the following<br />

Add the following to rule ~<br />

~<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule B2 Special Conditions of Contract - Page 1 of 1


Schedule C1<br />

Fluctuations in Cost<br />

1. Basic Costs<br />

2. Decreases in Cost<br />

3. Other changes in Costs<br />

4. Alternative methods<br />

Where allowed the Contractor may submit a Statement of Fluctuations* on those<br />

items or materials for which the Contractor has submitted the Basic Costs* in a<br />

manner approved by the Architect. The Contractor must satisfy the Architect that<br />

the Basic Cost submitted for each item for which the Fluctuation* is claimed is<br />

accepted to qualify for inclusion as a Fluctuation.<br />

The Architect may prepare a statement covering Fluctuations which result in a<br />

decrease in costs if the Contractor fails to:<br />

<br />

<br />

provide those details in its Statement of Fluctuations*.<br />

claim Fluctuations in the Basic Costs.<br />

The statement prepared by the Architect, must be included in the Architect’s next<br />

Payment Schedule. The statement must be verified by a Quantity Surveyor.<br />

Fluctuations can be claimed, for any increase or decrease in cost arising from<br />

changes in government, local or other authority fees or charges from the Tender<br />

date if not otherwise provided for under the Contract. These Fluctuations must be<br />

claimed in the same manner as Fluctuations in Basic Costs.<br />

If the Architect agrees, the Contractor may use a different method to that described<br />

in rule 1 for calculating Fluctuations for labour or any items of material.<br />

5. Statement of fluctuations for basic Costs<br />

6. Verification<br />

7. Time for claim<br />

A Statement of Fluctuations for Basic Costs must include:<br />

(a) the materials affected and the dates of purchase; and<br />

(b) the dates the Fluctuations occurred; and<br />

(c) prices of materials and the Fluctuations on them; and<br />

(d) a statement that the materials were used in the Contract Works.<br />

To the above amount must be added the percentages described in rules 8 and 9.<br />

The total of these amounts must be included in the Statement of Fluctuations.<br />

Each Statement of Fluctuations must be verified by a Quantity Surveyor who is a<br />

Registered Quantity Surveyor and a current Member of the New Zealand Institute<br />

of Quantity Surveyors, who is approved by the Architect and is not an employee of<br />

the Contractor, unless the Architect notifies the Contractor to the contrary. The<br />

Quantity Surveyor must state that, to the best of the Quantity Surveyor’s<br />

knowledge and belief, the Statement of Fluctuations is fair and reasonable and that<br />

the labour and materials included were used in the Contract Works. Alternatively,<br />

each Statement of Fluctuations can be verified by a member of the Society of<br />

Accountants who is approved by the Architect and is not an employee of the<br />

Contractor, unless the Architect notifies the Contractor to the contrary.<br />

All claims for Fluctuations must be made within 3 months of the date of the<br />

submission of the Payment Claim in which the Basic Costs to which the<br />

Fluctuations relate were included. No claim for Fluctuations will be accepted after<br />

the Contractor applies for approval of the Contractor’s final Payment Claim.<br />

8. Margin for subcontractors<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule C1 Fluctuations in cost - Page 1 of 2


Schedule C1<br />

Fluctuations in Cost<br />

A margin of 5% is to be added to the amounts of the Fluctuations in Basic Costs in<br />

respect of subcontractors, as described in rule 5. This is to cover all related costs<br />

of the subcontractor.<br />

9. Contractor’s cost recovery<br />

10. Labour<br />

Ten percent is to be added to the amounts of the Fluctuations for the Contractor’s<br />

Basic Costs (which include the basic costs of subcontractor, including margins<br />

added as described in rule 8) for the first 12 months of the Contract. This is to<br />

cover all related costs of the Contractor, including the cost of verification required<br />

by rule 6. An amount of 11% is to be added to the amounts of the Fluctuations in<br />

regard to the Contractor’s Basic Costs for the second 12 months of the Contract.<br />

After that an amount of 12% is to be added for each subsequent 12 months of the<br />

Contract.<br />

The Contractor can claim Fluctuations for labour costs in a manner approved by<br />

the Architect. Fluctuations for labour costs must be claimed on the basis of<br />

proportional movements of the Labour Cost Index: All salary and wages rates,<br />

applied to the Contractor’s certified payrolls including wages, allowances and<br />

salaries of personnel employed by the Contractor on the Contract Works. The base<br />

rate shall be that applying for the quarter during which the Tender was submitted.<br />

11. After time for Practical Completion<br />

12. Supporting information<br />

13. Indices<br />

Fluctuations in Basic Costs which occur after the date on which Practical<br />

Completion is achieved must be calculated on the basis of rates applying on the<br />

date upon which Practical Completion should have been achieved.<br />

The Contractor must give the Architect any information about Basic Costs and<br />

Fluctuations that the Architect may require.<br />

If at any time the index referred to in rule 10 is no longer published by the<br />

Department of Statistics, or if the basis of the index is materially changed, the<br />

adjustment shall thereafter be calculated by using such other index, or in such<br />

other manner, as will fairly reflect changes as previously measured by the index.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule C1 Fluctuations in Cost - Page 2 of 2


Schedule C2<br />

Schedule of Quantities<br />

This Schedule is used where the Principal has provided a schedule of quantities to<br />

the Contractor as part of the Tender documents.<br />

1. Contractor to supply priced schedule of quantities<br />

2. Quantity surveyor<br />

The Contractor must supply to the Architect the schedule of quantities, fully priced,<br />

extended and added to equal the Contract Price stated in the Contract Agreement.<br />

1.1 The Architect may notify the Contractor of any rates in the schedule of<br />

quantities which are unacceptable to the Architect. The Architect must do this<br />

within 10 Working Days of receiving the priced schedule of quantities. The<br />

Architect and Contractor must then, within 10 Working Days, endeavour to agree<br />

on fair and reasonable revised rates to the schedule of quantities. However, the<br />

revised schedule of quantities must still add up to the Contract Price stated in the<br />

Contract Agreement.<br />

1.2 The Contractor must notify the Architect straight away of any error or<br />

omission the Contractor becomes aware of in the Contractor’s pricing, extension or<br />

addition in the schedule of quantities. The Architect and Contractor must then,<br />

within 10 Working Days, endeavour to agree on any change to the pricing,<br />

extension or addition in the schedule of quantities. However, the revised schedule<br />

of quantities must still add up to the Contract Price stated in the Contract<br />

Agreement. The Contract Price will not be adjusted for any error or omission by the<br />

Contractor, or any subcontractor, in the pricing, extension or addition of the<br />

schedule of quantities.<br />

1.3 The Contractor is not entitled to payment until the Contractor has supplied to<br />

the Architect the relevant priced and extended section of the schedule of<br />

quantities.<br />

The Quantity Surveyor is the Person named as the Quantity Surveyor in Schedule<br />

B1 Specific Conditions of Contract or a successor appointed by the Principal.<br />

2.1 The Quantity Surveyor is the Architect’s representative on matters relating to<br />

the schedule of quantities, as authorised by the Architect.<br />

2.2 If the Quantity Surveyor stops being the Quantity Surveyor, the Principal must<br />

appoint a new Quantity Surveyor and notify the Contractor of the new Quantity<br />

Surveyor as soon as possible.<br />

4. Use of schedule of quantities<br />

The schedule of quantities is a Contract Document. It must be used in assessing<br />

Variations and for assessing Payment Claims in relation to the extent of the<br />

Contract Work carried out. The Architect may require the Contractor to include in<br />

the Contractor’s Payment Claim details of the extent and the value of Contract<br />

Work done related to the numbered items in the schedule of quantities.<br />

5. Discrepancies in a measurement in the schedule of quantities<br />

The Architect or Contractor may require a remeasure of a section of the schedule<br />

of quantities if an error or omission is discovered in the schedule of quantities<br />

which is sufficiently substantial to call into question the accuracy or quantity of that<br />

particular section or part of a section of the schedule of quantities. If a remeasure<br />

is required then the Architect must arrange for the Quantity Surveyor to carry out<br />

and deliver to the Contractor and the Architect the remeasured section of the<br />

schedule of quantities.<br />

5.1 If the Contractor required the remeasure, and the Quantity Surveyor has not<br />

made an error or omission in the schedule of quantities, then the Quantity<br />

Surveyor’s fees must be paid by the Contractor. In all other cases the Quantity<br />

Surveyor’s fees for the remeasure will be paid by the Principal.<br />

5.2 If a discrepancy is found to exist, the Architect will issue a Direction to resolve<br />

the discrepancy. If the Architect is satisfied that a significant error has occurred, it<br />

will be adjusted in the same manner as a Variation.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule C2 Schedule of Quantities - Page 1 of 1


Schedule D1<br />

Contractor’s Performance Bond<br />

Contract: ~<br />

Location: ~<br />

Principal: ~<br />

Bond Sum: $~<br />

This Deed is made on<br />

Date: ~<br />

by<br />

Contractor: ~<br />

of: ~<br />

and<br />

Sureties: ~<br />

of: ~<br />

It is made in the following circumstances:<br />

By this deed:<br />

The Contractor has entered into a Contract with the Principal to carry out and fulfil<br />

the obligations imposed on the Contractor by the Contract.<br />

The Contract requires the Contractor to provide the Principal with security in the<br />

form of a bond to ensure performance of the Contractor’s obligations under the<br />

Contract.<br />

1. The Contractor and sureties are jointly and severally held and bound to the<br />

Principal in the bond sum and bind themselves, their successors and assigns<br />

jointly and severally for the payment of that sum.<br />

2. The condition of this bond is that it will be null and void if:<br />

(a) the Contractor duly carries out and fulfils all the obligations imposed on<br />

the Contractor by the Contract Documents prior to the commencement of<br />

the Defects Liability Period referred to in the Contract Documents; or<br />

(b) the Contractor satisfies and discharges the damages sustained by the<br />

Principal in respect of all defaults by the Contractor up to the<br />

commencement of the Defects Liability Period or the termination of the<br />

Contract; or<br />

(c) the sureties satisfy and discharge up to the amount of the bond the<br />

damages sustained by the Principal in respect of all defaults by the<br />

Contractor up to the commencement of the Defects Liability Period or the<br />

termination of the Contract; or<br />

(d) a Practical Completion certificate has been issued in respect of the<br />

Contract Works in accordance with Section 12 Practical Completion rule<br />

12.1.<br />

3. EXCEPT as provided in rule 2 this bond will be and remains in full force and<br />

effect.<br />

4. The sureties will not be released from any liability under this bond:<br />

(a) by any alteration in the terms of the Contract between the Principal and<br />

the Contractor;<br />

(b) by any alteration in the extent or nature of the Contract Works to be<br />

completed, delivered and having defects remedied;<br />

(c) by any allowance of time by the Principal or by the Architect appointed by<br />

the Principal under the Contract;<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D1 Contractor’s Performance Bond - Page 1 of 2


Schedule D1<br />

Contractor’s Performance Bond<br />

(d) by any forbearance or waiver by the Principal or by the Architect in<br />

respect of any of the Contractor’s obligations or in respect of any default<br />

on the part of the Contractor.<br />

5. This bond is governed by New Zealand law.<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

in the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

In the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for execution of a<br />

deed. Any of these parties which are a company must execute the bond by having it signed, under the name of the company, by<br />

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<br />

director, but the signature must be witnessed by another person. The witness must not only sign but must also add his or her<br />

occupation and address. Alternatively, companies may execute under power of attorney. Any party which is a body corporate<br />

(other than a company) must execute by affixing its seal, which must be attested in the manner provided for in the rules of, or<br />

applicable to, the body corporate. In the case of a party who is an individual, the party must sign and the signature must be<br />

witnessed by another person. The witness must not only sign but must also add his or her occupation and address.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D1 Contractors performance Bond - Page 2 of 2


Schedule D2<br />

Principal’s Bond<br />

Contract: ~<br />

Location: ~<br />

Contractor: ~<br />

Bond Sum: $~<br />

This Deed is made on<br />

Date: ~<br />

by<br />

Principal: ~<br />

of: ~<br />

and<br />

Sureties: ~<br />

of: ~<br />

It is made in the following circumstances:<br />

By this deed<br />

The Principal has entered into a Contract with the Contractor by which the<br />

Contractor has agreed to carry out and fulfil the obligations imposed on the<br />

Contractor by the Contract Documents.<br />

The Contract agreement requires the Principal to provide the Contractor with<br />

security in the form of a bond to ensure performance of the Principal’s obligations<br />

under the Contract.<br />

1. The Principal and sureties are jointly and severally held and bound to the<br />

Contractor in the bond sum and bind themselves, their successors and assigns<br />

jointly and severally for the payment of this sum.<br />

2. The condition of this bond is that it will be null and void if:<br />

(a) the Principal pays the Contract Price and any other monies payable under<br />

the Contract and:<br />

<br />

<br />

duly carries out and fulfils all the obligations imposed on the Principal by<br />

the Contract; or<br />

satisfies and discharges the damages sustained by the Contractor in<br />

respect of all defaults by the Principal; or<br />

(b) the sureties pay, satisfy and discharge up to the amount of the bond any<br />

unpaid balance of the Contract Price and of any other monies payable<br />

under the Contract, and of the damages sustained by the Contractor in<br />

respect of all defaults by the Principal.<br />

3. EXCEPT as provided in rule 2, this bond will be and remains in full force and<br />

effect.<br />

4. The sureties will not be released from any liability under this bond:<br />

(a) by any alteration in the terms of the Contract between the Principal and<br />

the Contractor;<br />

(b) by any alteration in the extent or nature of the Contract Works to be<br />

completed, delivered and having defects remedied;<br />

(c) by any allowance of time by the Contractor;<br />

(d) by any forbearance or waiver by the Contractor in respect of any of the<br />

Principal’s obligations or in respect of any default on the part of the<br />

Principal.<br />

5. THIS bond is governed by New Zealand law.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D2 Principal’s Bond - Page 1 of 2


Schedule D2<br />

Principal’s Bond<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

in the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

In the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for execution of a<br />

deed. Any of these parties which are a company must execute the bond by having it signed, under the name of the company, by<br />

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<br />

director, but the signature must be witnessed by another person. The witness must not only sign but must also add his or her<br />

occupation and address. Alternatively, companies may execute under power of attorney. Any party which is a body corporate<br />

(other than a company) must execute by affixing its seal, which must be attested in the manner provided for in the rules of, or<br />

applicable to, the body corporate. In the case of a party who is an individual, the party must sign and the signature must be<br />

witnessed by another person. The witness must not only sign but must also add his or her occupation and address.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D2 Principal’s Bond - Page 2 of 2


Schedule D3<br />

Contractor’s Bond in lieu of Retentions<br />

Contract: ~<br />

Location: ~<br />

Principal: ~<br />

Bond Sum: $~<br />

This Deed is made on<br />

Date: ~<br />

by<br />

Contractor: ~<br />

of: ~<br />

and<br />

Sureties: ~<br />

of: ~<br />

It is made in the following circumstances:<br />

By this deed<br />

The Contractor has entered into a Contract with the Principal to carry out and fulfil<br />

the obligations imposed on the Contractor by the Contract Documents.<br />

The Contract requires the Contractor to provide the Principal with security in the<br />

form of a bond in lieu of retentions additional to any other bond required under the<br />

Contract.<br />

1. The Contractor and sureties are jointly and severally held and bound to the<br />

Principal for the bond sum and bind themselves, their successors and assigns<br />

jointly and severally for the payment of this sum.<br />

2. The condition of this bond is that it will be null and void if:<br />

(a) the Contractor duly carries out and fulfils all the obligations imposed on<br />

the Contractor by the Contract prior to the issue of the defects liability<br />

certificate referred to in the Contract; or<br />

(b) the Contractor satisfies and discharges the damages sustained by the<br />

Principal in respect of all defaults by the Contractor up to the issue of the<br />

defects liability certificate or the termination of the contract; or<br />

(c) the sureties satisfy and discharge up to the amount of the bond the<br />

damages sustained by the Principal in respect of all defaults by the<br />

Contractor up to the issue of the defects liability certificate or the<br />

termination of the contract.<br />

3. EXCEPT as provided in rule 2 this bond will be and remains in full force and<br />

effect.<br />

4. The sureties will not be released from any liability under this bond:<br />

(a) by any alteration in the terms of the Contract between the Principal and<br />

the Contractor;<br />

(b) by any alteration in the extent or nature of the Contract Works to be<br />

completed, delivered and having defects remedied;<br />

(c) by any allowance of time by the Principal or by the Architect appointed by<br />

the Principal under the Contract;<br />

(d) by any forbearance or waiver by the Principal or by the Architect in<br />

respect of any of the Contractor’s obligations or in respect of any default<br />

on the part of the Contractor.<br />

5. This bond is governed by New Zealand law.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D3 Contractor’s Bond in lieu of Retentions - Page 1 of 2


Schedule D3<br />

Contractor’s Bond in lieu of Retentions<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

in the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

Signed by<br />

Signed by/date:<br />

Name:<br />

In the presence of<br />

Witness:<br />

(Print name of person authorised to sign)<br />

Date<br />

Name/occupation:<br />

Print name of witness<br />

Address:<br />

Witness occupation<br />

NOTE This bond must be executed by the Contractor and by the surety or sureties in the manner required for execution of a<br />

deed. Any of these parties which are a company must execute the bond by having it signed, under the name of the company, by<br />

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<br />

director, but the signature must be witnessed by another person. The witness must not only sign but must also add his or her<br />

occupation and address. Alternatively, companies may execute under power of attorney. Any party which is a body corporate<br />

(other than a company) must execute by affixing its seal, which must be attested in the manner provided for in the rules of, or<br />

applicable to, the body corporate. In the case of a party who is an individual, the party must sign and the signature must be<br />

witnessed by another person. The witness must not only sign but must also add his or her occupation and address.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule D3 Contractor’s Bond in lieu of retentions - Page 2 of 2


Schedule E1<br />

Contractor’s advice of achieving Practical Completion<br />

Contract: ~<br />

Location: ~<br />

Issued by<br />

Contractor: ~<br />

Preamble<br />

The Contractor is required to notify the Architect of the date that the Contractor<br />

considers that the Contractor will achieve Practical Completion of the Contract<br />

Works. The notice must detail any work the Contractor and the Architect have<br />

agreed to defer and the period of deferral.<br />

To<br />

Architect: ~<br />

Date:<br />

We advise that we consider that the Contract Works will qualify for Practical<br />

Completion on:<br />

Deferred parts of the Contract Works<br />

In accordance with rule 12.1.1, the following are parts of the Contract Works that<br />

we have agreed to defer and the period of deferral.<br />

Signed by/date:<br />

Date<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule E1 Contractor’s advice of achieving Practical Completion - Page 1 of 1


Schedule E2<br />

Producer Statement - Construction<br />

Contract: ~<br />

Location: ~<br />

Issued by<br />

Person:<br />

Company:<br />

(Duly authorised representative)<br />

(Contractor)<br />

Issued to<br />

Principal:<br />

The Contractor has contracted to the Principal to carry out and complete certain<br />

building works in accordance with the above named Contract.<br />

I, a duly authorised representative of the Contractor, believe on reasonable<br />

grounds that the Contractor has carried out and completed<br />

all / part only<br />

as specified in the attached particulars of the building works in accordance with the<br />

contract.<br />

Signed by/date:<br />

Qualification:<br />

Date<br />

Address:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule E2 Producer Statement - Construction - Page 1 of 2


© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule E2 Producer Statement - Construction - Page 2 of 2


Schedule E3<br />

Practical Completion Certificate<br />

Contract: ~<br />

Location: ~<br />

Principal: ~<br />

Practical Completion<br />

This Certificate<br />

Practical Completion means that the Contract Works or a Separate Section of them<br />

attain Practical Completion when:<br />

(a) they are able to be used for their intended purpose without material<br />

inconvenience;<br />

(b) they have generally been built in accordance with the Contract documents;<br />

(c ) they are complete except for:-<br />

(i)<br />

minor defects and minor omissions for completion during the Defects<br />

Liability Period;<br />

(ii) omissions and defects which the Architect becomes aware of during the<br />

Defects Liability Period;<br />

(iii) any undiscovered, latent or other defect or omission which the Architect<br />

could not have reasonably discovered;<br />

(iv) work which the Architect and the Contractor have agreed to defer for<br />

completion during the Defects Liability Period, or such later date as<br />

agreed between the parties.<br />

(d) Information and warranties listed in the Specific Conditions have been<br />

provided.<br />

This is to certify that in accordance with rule 12.1, the Contract Works have been<br />

inspected and qualified for Practical Completion on ~.<br />

The Defects Liability Period as detailed in rule 13.1 commenced on this date and<br />

continue for a period of ~.<br />

The Architect has used all reasonable care and skill in the preparation of this<br />

Certificate<br />

It is provided in accordance with and subject to rule 1.3 Architect’s role, subrule (c).<br />

This certificate is provided to the Principal and Contractor only, and for the<br />

purposes set out in this Contract. It is not to be used by the Principal, the<br />

Contractor, or any other person, for any other purpose. No waiver of this clause by<br />

the Architect shall be effective unless it is in writing.<br />

Issued by:<br />

(Architect)<br />

Signed by/date:<br />

Date<br />

Copy to Contractor ~<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule E3 Practical Completion Certificate - Page 1 of 1


Schedule E4<br />

Defects Liability Certificate<br />

Contract: ~<br />

Location: ~<br />

Principal: ~<br />

End of Defects Liability period<br />

This Certificate<br />

The Architect is required to issue a Defects Liability Certificate.<br />

Standard Conditions of Contract rule 13.1 states that:<br />

The <strong>NZIA</strong><br />

The Architect must certify to the Principal when in relation to the Contract Works or<br />

a Separate Section of them:<br />

(a)<br />

(b)<br />

(c)<br />

the Defects Liability Period has ended; and<br />

the Contractor has completed all minor omissions and corrected all minor<br />

defects referred to in rule 12.1; and<br />

the Contractor has completed agreed deferred work.<br />

At the same time the Architect must give a <strong>copy</strong> of the certificate to the Contractor.<br />

This is to certify that in accordance with rule 13.1, the above named Contract<br />

Works the Defects Liability Period has ended, all deferred work has been<br />

completed and all defects have been corrected<br />

The issuing of this certificate does not affect the Contractor’s liability to fulfil any<br />

obligation in the Contract which remains unperformed or not properly performed.<br />

The Architect has used all reasonable care and skill in the preparation of this<br />

Certificate<br />

It is provided in accordance with and subject to rule 1.3 Architect’s role, subrule (c).<br />

This certificate is provided to the Principal and Contractor only, and for the<br />

purposes set out in this Contract. It is not to be used by the Principal, the<br />

Contractor, or any other person, for any other purpose. No waiver of this clause by<br />

the Architect shall be effective unless it is in writing.<br />

Issued by:<br />

(Architect)<br />

Signed by/date:<br />

Date<br />

Copy to Contractor ~<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule E3 Practical Completion Certificate - Page 1 of 1


Schedule F1<br />

Specific Conditions of Insurance<br />

Contract: ~<br />

Location: ~<br />

Principal: ~<br />

Minimum insurance requirements<br />

These are minimum requirements and the Principal and/or Contractor are free to<br />

arrange whatever additional insurance protection they may require. These<br />

insurance arrangements do not limit or alter any indemnities as contained in the<br />

Standard Conditions of Contract.<br />

1. Contract Works Insurance<br />

The Contractor shall effect insurance in the names of the Principal and the<br />

Contractor.<br />

The Principal shall effect insurance in the joint names of the Principal, the<br />

Contractor and subcontractors.<br />

(Delete provision which does not apply)<br />

(To be completed irrespective of whether the Principal or the Contractor is insuring)<br />

1.1 The amount insured must be at least as much as the<br />

original Contract Price including Temporary Works, plus<br />

each of the following amounts. Where there is no agreed<br />

Contract Price, the amount must be at least as much as<br />

the estimated cost of the Contract Works, plus each of the<br />

following amounts<br />

Contract Price Amount $<br />

(a) An amount for items, to be included in the Contract Works<br />

which are not included in the Contract Price<br />

Amount $<br />

(b) An amount for Variations that the Architect may direct<br />

during the Contract period<br />

Amount $<br />

5% of the Contract Price as described above $<br />

~% of the Contract Price as described above $<br />

(c) When provided for in the contract an amount for increased<br />

construction costs due to fluctuations during the Contract<br />

period<br />

Amount $<br />

2.5% of the Contract Price as described above $<br />

~% of the Contract Price as described above $<br />

(d) An amount for professional fees and similar costs,<br />

including as appropriate, architects, engineers, clerks of<br />

works and inspectors<br />

Amount $<br />

5% of the Contract Price as described above $<br />

~% of the Contract Price as described above $<br />

(e) An amount for the Cost of demolition, disposal and<br />

preparation for replacement work<br />

Amount $<br />

(f)<br />

10% of the Contract Price as described above $<br />

~% of the Contract Price as described above $<br />

An amount for increased construction costs incurred as a<br />

result of loss or damage.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F1 Specific Conditions of Insurance - Page 1 of 2


Schedule F1<br />

Specific Conditions of Insurance<br />

Amount $<br />

2.5% of the Contract Price as described above $<br />

~% of the Contract Price as described above $<br />

(Delete provisions which do not apply)<br />

(Amounts are plus Goods and Services Tax)<br />

The insurance shall make provision for automatic change of cover for items (a) to<br />

(f) above, to provide insurance for any additions to or deductions from the Contract<br />

Price which occurs after acceptance of the tender or other offer.<br />

Where appropriate, the insurance shall include cover for<br />

(i)<br />

Testing and commissioning<br />

(ii) Earthquake to the full Sum Insured<br />

(iii) Partial handover/occupation by the Principal, where required by the contract<br />

(iv) Flow on damage as a result of faulty materials, workmanship or error and<br />

omissions in design<br />

Deductible in insurance arranged by the Principal $<br />

1.2 Existing Structures<br />

The Principal shall arrange insurance for loss or damage to the Principal’s existing<br />

structures and contents arising out of the performance of the Contract Works.<br />

The existing structures are: -<br />

~<br />

2. General (Public) Liability Insurance<br />

2.1 The Contractor shall effect insurance in the name of the Principal and the<br />

Contractor<br />

The insurance shall be effected for an amount not less than: $5,000,000.00<br />

Where appropriate, the insurance may be required to confirm to include cover for<br />

(i) Vibration, removal of support – Minimum* $250,000.00<br />

(ii) Forest & Rural Fires Act – Minimum* $250,000.00<br />

(iii) Fire fighting costs – Minimum* $250,000.00<br />

(iv) Punitive & exemplary damage<br />

(v) Use of mobile plant<br />

(vi) Use of watercraft<br />

(vii) Use of explosives<br />

*For items (i), (ii) and (iii) an insurer will normally limit cover to round $250,000.00. Specify where a<br />

greater amount is required<br />

3. Motor Vehicle Third Party Liability Insurance<br />

3.1 The Contractor shall effect insurance in the names of the Principal and the<br />

Contractor<br />

The insurance shall be effected for an amount not less than: $2,000,000.00<br />

4. Construction Plant & Equipment<br />

4.1 The Contractor shall effect insurance on all construction plant and equipment<br />

with a value greater than: $10,000.00<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F1 Specific Conditions of Insurance - Page 2 of 2


Schedule F2<br />

Confirmation of Insurance - Contract Works<br />

To whom it may concern:<br />

From:<br />

(Name of insurance company)<br />

(Branch)<br />

(Address)<br />

We confirm having effected Contract Works insurance for:<br />

Contract:<br />

Location:<br />

Principal:<br />

Contractor:<br />

(Project title)<br />

(Project location)<br />

(The Principal)<br />

(The Contractor)<br />

The sums insured are:<br />

Contract price $<br />

(a) Items to be included in the Contract Works $<br />

(b) Variations $<br />

(c) Increased costs due to fluctuations $<br />

(d) Professional fess $<br />

(e) Costs of demolition $<br />

(f) Increased costs as a result of loss or damage $<br />

(g) Existing Structure $<br />

Total sum insured $<br />

The policy deductibles/excesses are:<br />

Non earthquake $<br />

(Including GST)<br />

Earthquake $<br />

(Including GST)<br />

(Other – Name)<br />

$<br />

(Including GST)<br />

We advise that “additional” terms, <strong>copy</strong> attached, have been<br />

specifically applied to this project<br />

Yes / No<br />

Policy cover terms included are<br />

(a) Automatic reinstatement<br />

(b) No cancellation for non-payment without prior notification<br />

(c) Severally insured<br />

(d) No settlement delay due to exercise of subrogation<br />

Project specific policy<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Construction period<br />

Defects Liability period<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F2 Confirmation of Insurance – Contract Works - Page 1 of 2


Schedule F2<br />

Confirmation of Insurance – Contract Works<br />

Insurance<br />

company/Stamp:<br />

Signed by:<br />

(both subject to alteration under construction contract)<br />

Annual run-off policy<br />

Annual cut-off policy<br />

Policy expiry date<br />

Yes / No<br />

Yes / No<br />

Testing & commissioning period Weeks Yes / No<br />

Flow on damage as a result of faulty materials, workmanship or<br />

errors & omissions in design<br />

Yes / No<br />

We undertake that this policy will not be cancelled or amended by us without<br />

written advice to the insured party which has arranged the insurances.<br />

The insurance issued is subject to the terms and conditions of the policy<br />

(Or name of insurance broking company confirming cover)<br />

Date<br />

Signatory title:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F2 Confirmation of insurance - Contract Works - Page 2 of 2


Schedule F3<br />

From:<br />

Confirmation of insurance - General (Public) Liability<br />

To whom it may concern:<br />

(Name of insurance company)<br />

(Branch)<br />

Contract:<br />

Location:<br />

Principal:<br />

Contractor:<br />

(Address)<br />

We confirm having effected general (public) liability insurance for:<br />

(Project title)<br />

(Project location)<br />

(The Principal)<br />

(The Contractor)<br />

Annual policy<br />

Policy expiry date<br />

The limit of indemnity $<br />

Sub limit insured for vibration, removal or weakening of support $<br />

Sub limit for Forest & Rural Fires Act $<br />

Sub limit for fire fighting costs $<br />

Yes / No<br />

The deductible/excess is $<br />

(Including GST)<br />

Deductible/excess for vibration, removal or weakening of<br />

support $<br />

(Including GST)<br />

We advise that “additional” terms, <strong>copy</strong> attached, have been<br />

specifically applied to this project<br />

Yes / No<br />

The policy covers liability arising out of: -<br />

The ownership/use of construction machinery not required<br />

to be registered for road use<br />

The use of hired plant<br />

The ownership/use of watercraft up to 8 metres<br />

The ownership/use of aircraft<br />

The use of explosives<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Insurance<br />

company/Stamp:<br />

Signed by:<br />

Policy cover terms included are: -<br />

Automatic reinstatement<br />

No cancellation for non-payment without prior notification<br />

Severally insured<br />

No settlement delay due to exercise of subrogation<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

We undertake that this policy will not be cancelled or amended by us without<br />

written advice to the insured party which has arranged the insurances.<br />

The insurance issued is subject to the terms and conditions of the policy<br />

(Or name of insurance broking company confirming cover)<br />

Date<br />

Signatory title:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F3 Confirmation of insurance - General (Public) Liability - Page 1 of 1


Schedule F4<br />

From:<br />

Confirmation of Insurance<br />

Motor Vehicle Third Party Liability<br />

To whom it may concern:<br />

(Name of insurance company)<br />

(Branch)<br />

Contract:<br />

Location:<br />

Contractor:<br />

(Address)<br />

We confirm having effected motor vehicle third party liability insurance for:<br />

(Project title)<br />

(Project location)<br />

(The Contractor)<br />

Annual policy<br />

Policy expiry date<br />

The sums insured are: -<br />

Section 2 liability $<br />

Yes / No<br />

The deductible/excess is $<br />

(Including GST)<br />

We advise that “additional” terms, <strong>copy</strong> attached, have been<br />

applied to this policy<br />

Yes / No<br />

Insurance<br />

company/Stamp:<br />

Signed by:<br />

Policy cover terms included are: -<br />

Automatic reinstatement<br />

No cancellation for non-payment without prior notification<br />

Severally insured<br />

No settlement delay due to exercise of subrogation<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

We undertake that this policy will not be cancelled or amended by us without<br />

written advice to the insured party which has arranged the insurances.<br />

The insurance issued is subject to the terms and conditions of the policy<br />

(Or name of insurance broking company confirming cover)<br />

Date<br />

Signatory title:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F4 Confirmation of insurance - Motor vehicle third party liability - Page 1 of 1


Schedule F5<br />

From:<br />

Confirmation of Insurance<br />

Construction Plant and Equipment<br />

To whom it may concern:<br />

(Name of insurance company)<br />

(Branch)<br />

Contract:<br />

Location:<br />

Contractor:<br />

(Address)<br />

We confirm having effected construction plant and equipment insurance for:<br />

(Project title)<br />

(Project location)<br />

(The Contractor)<br />

Annual policy<br />

Policy expiry date<br />

The sums insured are: -<br />

Schedule of Construction plant and equipment attached $<br />

Yes / No<br />

The deductible/excess is $<br />

(Including GST)<br />

We advise that “additional” terms, <strong>copy</strong> attached, have been<br />

applied to this policy<br />

Yes / No<br />

Insurance<br />

company/Stamp:<br />

Signed by:<br />

Policy cover terms included are: -<br />

Automatic reinstatement<br />

No cancellation for non-payment without prior notification<br />

No settlement delay due to exercise of subrogation<br />

Yes / No<br />

Yes / No<br />

Yes / No<br />

We undertake that this policy will not be cancelled or amended by us without<br />

written advice to the insured party which has arranged the insurances.<br />

The insurance issued is subject to the terms and conditions of the policy<br />

(Or name of insurance broking company confirming cover)<br />

Date<br />

Signatory title:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule F5 Confirmation of Insurance - Construction plant and equipment - Page 1 of 1


Schedule G1<br />

Warranty Agreement<br />

Contract: ~<br />

Location: ~<br />

Contractor: ~<br />

Principal: ~<br />

Warrantor: ~<br />

Warranted works: ~<br />

Warranty period:<br />

The Contract Works<br />

The Contractor<br />

The Principal<br />

IT IS HEREBY AGREED<br />

Name of Contractor or Subcontractor<br />

The Warranted Works<br />

1. Warrantor’s obligations<br />

2. Remedial work<br />

~ years from the date of Practical Completion of the Contract Works<br />

The Principal has entered into a Contract (the Contract) with the Contractor for<br />

carrying out the Contract Works. The warranted works are part of the Contract<br />

Works.<br />

The Contractor has agreed to arrange for the provision of a warranty in respect of<br />

the warranted works for the warranty period on the terms set out in this warranty.<br />

The warrantor has agreed to provide a warranty in respect of the warranted works<br />

for the warranty period on the terms set out in this warranty.<br />

The warrantor warrants to the Principal that the warranted works performed shall<br />

be as required in the Contract. If not specified the works shall be of good trade<br />

practice with materials and fittings of merchantable quality.<br />

This warranty shall be in addition to and shall not derogate from any<br />

manufacturer’s warranty or any warranty implied by law, attaching to any part of<br />

the warranted Works.<br />

The warrantor agrees that if the warrantor is advised by the Principal in writing of<br />

any defect in the warranted works within the warranty period for which the<br />

warrantor is liable under the terms of this warranty, the warrantor will promptly take<br />

steps to remedy the defect.<br />

Any remedial work which the warrantor is liable to undertake under this warranty<br />

shall be carried out:<br />

<br />

<br />

<br />

<br />

<br />

to the standard required by the Contract; and<br />

in a prompt and timely manner; and<br />

without unnecessary inconvenience to any occupants; and<br />

at the warrantor’s cost; and<br />

3. Repair and/or compensation<br />

subject to reasonable access being provided to the warrantor for the purpose<br />

of carrying out the remedial work.<br />

Where the cost of replacement of work and / or materials is out of all proportion to<br />

the consequences of the defect, or where the defect may not be reasonably<br />

capable of rectification without substantial expense which is out of all proportion to<br />

the cost of the Contract Works, the warrantor may:<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule G1 Warranty Agreement - Page 1 of 3


Schedule G1<br />

Warranty Agreement<br />

<br />

<br />

<br />

where the defect is reasonably rectified by repair rather than by replacement,<br />

the warrantor’s obligation under this warranty shall be only to repair or<br />

otherwise make good the defect; or<br />

propose reasonable monetary compensation in lieu of remedying the defect; or<br />

propose a combination of both repair and compensation.<br />

The Principal must consider the warrantor’s reasonable proposals and the parties<br />

must endeavour in good faith to reach agreement. Where agreement cannot be<br />

reached, the dispute shall be resolved in accordance with the disputes clause in<br />

this warranty.<br />

4. Failure by warrantor to perform remedial work<br />

5. Exclusions<br />

6. Assignment<br />

7. Disputes<br />

If the warrantor fails to promptly, adequately and satisfactorily carry out the<br />

remedial work or to propose acceptable repair/compensation, the Principal may<br />

then arrange for the remedial work to be carried out by others.<br />

The Principal must first give the warrantor 10 working days notice to carry out and<br />

complete the remedial work. If the warrantor does not do this within the time, the<br />

Principal must then advise the warrantor in writing that the work will be carried out<br />

by other Persons.<br />

In such event the warrantor is not released from obligations under this warranty,<br />

which continues in full force and effect, except in respect of the defect remedied by<br />

the Principal or by another person contracted by the Principal.<br />

The reasonable cost of remedial work carried out by such other persons including<br />

all reasonable costs of the Principal is to be paid to the Principal by the warrantor<br />

on demand.<br />

The Principal agrees that the warrantor is not liable for any defect or damage<br />

caused by:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

wilful act or negligence of the Principal or any person other than the warrantor;<br />

or<br />

fire, explosion, earthquake, war, subsidence, slips, faulty materials or<br />

workmanship other than caused by the defect in the warranted work; or<br />

any force of nature which the warrantor could not reasonably foresee; or<br />

any neglect or unnecessary delay by the Principal in giving notice to the<br />

warrantor of a defect in the warranted Works becoming apparent; or<br />

design faults, errors or discrepancies, unless the warrantor undertook the<br />

design of the part of the warranted works the subject of the defect; or<br />

unintended use of the warranted Works by the Principal or any occupant<br />

thereof; or<br />

failure by the Principal or any occupant thereof to maintain the warranted<br />

works in accordance with good practice and any manufacturer’s stated or<br />

recommended instructions or requirements.<br />

The Principal may assign the benefit of this warranty to any person.<br />

Any dispute between the Principal and the warrantor arising out of this warranty is<br />

to be referred to arbitration before a sole arbitrator. If within 15 working days of<br />

notice of dispute, the Principal and the warrantor cannot agree on a single<br />

arbitrator, either party may request the president of the Arbitrators & Mediators<br />

Institute of New Zealand to appoint an arbitrator.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule G1 Warranty Agreement - Page 2 of 3


Schedule G1<br />

8. Notices<br />

Warranty Agreement<br />

Notices given to the warrantor are deemed to have been effectively served on the<br />

warrantor if given in accordance with the Contract.<br />

EXECUTED BY<br />

Signed by the Warrantor<br />

Signed by/date:<br />

Date<br />

Name:<br />

in the presence of<br />

(Print name of person authorised to sign)<br />

Witness:<br />

Name/occupation:<br />

(Print name of witness)<br />

Witness occupation<br />

Address:<br />

Signed by the Principal<br />

Signed by/date:<br />

Date<br />

Name:<br />

in the presence of<br />

(Print name of person authorised to sign)<br />

Witness:<br />

Name/occupation:<br />

(Print name of witness)<br />

Witness occupation<br />

Address:<br />

NOTE – Where the Warrantor is not the Contractor the Warranty agreement must be executed by the Warrantor and the<br />

Principal in the manner required for execution of a deed.<br />

Any of these parties which are a company must execute the Warranty by having it signed, under the name of the company, by<br />

two or more directors. If there is only one director, it is sufficient if the Warranty agreement is signed under the name of the<br />

company by that director, but the signature must be witnessed by another person.<br />

The witness must not only sign but must also add his or her occupation and address. Alternatively, companies may execute<br />

under power of attorney. Any party which is a body corporate (other than a company) must execute by affixing its seal, which<br />

must be attested in the manner provided for in the rules of, or applicable to, the body corporate.<br />

In the case of a party who is an individual, the party must sign and the signature must be witnessed by another person. The<br />

witness must not only sign but must also add his or her occupation and address.<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule G1 Warranty Agreement - Page 3 of 3


Schedule G2<br />

Security for off Site goods / materials<br />

Issued by<br />

Contractor:<br />

To<br />

Contractor/Subcontractor<br />

Principal:<br />

In respect of<br />

Contract: ~<br />

Location: ~<br />

Location<br />

The Contract provides, subject to certain conditions (<strong>NZIA</strong> <strong>SCC</strong> Section 14<br />

Payments Rule 14.2.2), for payment to be made for goods that are not on the Site.<br />

We advise that the manufacture/supply of the goods or materials detailed in the<br />

schedule below/attached has been completed.<br />

We warrant that the Contractor/subcontractor has the authority to deal with the<br />

goods / materials scheduled below and to pass good title in the goods / materials<br />

to the Principal.<br />

We acknowledge that on payment by the Principal to the Contractor for the<br />

goods/materials scheduled below, ownership of the goods/materials will pass to<br />

the Principal.<br />

We undertake to arrange insurance of the goods/materials while they are off site.<br />

We agree to securely store, free of charge, the said goods/materials at the<br />

premises described on the attached schedule. The goods/materials will be clearly<br />

marked as the property of the Principal and will be dealt with strictly in accordance<br />

with instructions given by the Architect.<br />

The Architect will be given free access to inspect the goods/materials during<br />

normal working hours.<br />

The premises where the goods/materials will be stored are located as follows:<br />

Address:<br />

Schedule<br />

Number:<br />

The following are the goods/materials referred to above:<br />

Details of goods/materials<br />

Signed by<br />

Signed by/date:<br />

Date<br />

Name:<br />

(Print name of person authorised to sign)<br />

© <strong>NZIA</strong> <strong>SCC</strong>:<strong>2011</strong> Schedule G2 Security for off Site Goods / Materials- Page 1 of 1

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