NZS 3917 Conditions of contract for building and civil engineering – Fixed term

Overview

Overview

We are consulting on the draft DZ 3917 Conditions of contract for building and civil engineering – Fixed term. 

What is NZS 3917 about? 

Contracts that are comprehensive but at the same time easy to understand are important in today’s technical and highly competitive building and construction environment. New Zealand’s building, construction, engineering, and infrastructure industries rely on New Zealand standard conditions of contract to ensure that their contracts are suited to New Zealand’s industrial and legislative scene.

NZS 3917:2025 is based on NZS 3917:2013 Conditions of contract for building and civil engineering construction – Fixed term and NZS 3910:2023 Conditions of contract for building and civil engineering construction.

NZS 3917 is intended for use when contracts are let for construction or maintenance of building or engineering works where the contract is intended to run for a defined period of time, as opposed to a contract for a defined scope of work. It might also be used for the provision of services (other than design) such as inspection and testing, cleaning, painting, preventative maintenance, repairs, or renewal of components within completed works. When defining the Contract Works, it needs to be made clear what the services are, and whether the Contractor has an exclusive right to provide all such services to the Principal, or whether its right is limited to a defined scope.

The updates in this edition include those introduced in NZS 3910:2023 and extend to almost every section. Some parts have been moved, but the overall structure has been maintained so that the contract remains familiar and easy to navigate.

Some of the more notable changes are:

1. The introduction of an order of precedence in the Contract Agreement;
2. The introduction of a Target Cost Contract Price, and provisions for the Contract Price to have various components including Lump Sum, Cost Reimbursable, Measure and Value, and Target Price;
3. The inclusion of a new clause dedicated to the protection of the environment;
4. The addition of clear contract administration processes throughout, including new content on reviewing instructions and decisions;
5. The elimination of the Engineer to the Contract and its dual role, replacing it with two distinct new roles. This significant change ensures clarity on the purpose of each role, emphasising when specific activities demand fairness and impartiality;
6. The transition to a fault-based indemnity and the introduction of a limitation on liability;
7. Important prompts to clearly identify Contractor’s design obligations.

Consultation draft

Please find below the consultation document (DZ 3917 consultation draft) for you to view or download. 

Important to note

All submissions need to go through this portal. There is no option to upload separate files during the submission process. Documents with submissions sent to Standards New Zealand separately will not be considered by the committee. 

DZ 3917 consultation draft

DZ 3916 Public consultation link - Here