We encourage all Engineering New Zealand members to follow recognised professional practice when communicating with clients on commercial matters. To help you do this, we worked with ACE New Zealand and other key stakeholders to develop two standard contractual documents.
These are the latest versions, developed in 2017. These documents are available to members to download and use free of charge. They are subject to copyright and must not be altered.
Short Form Agreement for Consultancy Engagement
This contract suits small to medium-sized projects.
Short Form Agreement | 87.2 KB
Short Form Agreement Guide | 201.1 KB
Long Form Agreement for Consultancy Engagement
This comprehensive contract suits complex work.
Long Form Agreement | 501.4 KB
Special Conditions Part A | 29.9 KB
Special Conditions Part B | 24.2 KB
Guidance on Engineering New Zealand’s role in commercial dispute resolution
In recent months Engineering New Zealand has been approached with requests that we appoint an engineer or arbitrator under dispute resolution clauses included in commercial contracts or court consent orders. These clauses come into effect when a dispute has arisen between the parties to the contract.
Engineering New Zealand does not offer this service. We discourage lawyers and engineers from using dispute resolution clauses which require Engineering New Zealand to appoint experts, or to otherwise assist with resolving contractual disputes.
These clauses have been included without Engineering New Zealand’s knowledge or consent in the past, and, aside from this not being a service we offer, it puts us in a difficult position. Our role is to represent our members and the engineering profession. It does not extend to making these kinds of appointments, and it is outside our expertise. There are also liability and reputational risks that make it undesirable for us, as an independent professional body, to become involved in commercial agreements between private parties.
From a practical point of view, parties to a private contract cannot enforce any terms on Engineering New Zealand, its President, or its members, that we have not agreed to.
We note the standard short and long form agreements developed by Engineering New Zealand and ACENZ do not involve Engineering New Zealand in the dispute resolution process.
Our position is this type of clause is not acceptable or effective. We encourage lawyers and others drafting contracts to avoid adding clauses that require Engineering New Zealand’s participation.
These documents are copyright to Engineering New Zealand and ACE New Zealand. By downloading you accept the copyright conditions. If you change the document in any way from the original, it will no longer be a standard document and it'll be a breach of the Copyright Act 1994. The Special Conditions for the Long Form Agreement sets out additions that you can make.