Overview

Join members of MinterEllisonRuddWatts’ Construction and Infrastructure Division for a masterclass on the latest edition of New Zealand’s most commonly used form of construction contract, the NZS3910:2023 conditions of contract for building and civil engineering construction.

Our team has a wealth of experience advising principals, contractors and consultants on NZS3910 through all stages of the project lifecycle, and we look forward to sharing these insights with you.

During this class we will explore the key elements of NZS3910:2023 including contract structure, pricing models, principal and contractor obligations, contract administration, security arrangements, variations, extensions of time, liability arrangements and dispute resolution. We will also identify the main changes from the 2013 edition and the practical implications of these.

Attendees will come away with a greater understanding of how NZS3910 works in practice, the contract’s essential elements and key matters to be aware of when entering into, administrating and delivering this form of construction contract.

We will also touch on the key changes in the NZS3916:2025 (Design and Construction) and NZS3917:2025 (Fixed term).

Learning Objectives

At the end of this masterclass you will have a greater understanding of:

• When and how to use NZS3910:2023 and key changes since the 2013 edition
• The roles and key obligations of the Principal and the Contractor
• The new roles of the Contract Administrator and Independent Certifier
• The standard pricing structure and payment mechanics
• How variations are instructed, assessed and priced
• The grounds for extensions of time and the processes for making and assessing claims
• The completion arrangements and defect obligations
• The new disputes regime in NZS3910:2023
• The grounds for, and consequences of, termination of the contract

Featuring Our Speakers

 

 

 

Vimal Nair
Partner
MinterEllisonRuddwatts

Vimal is an experienced projects and construction lawyer with particular expertise in the procurement and delivery of major infrastructure projects, as well as in the energy (including renewable energy), technology, and digital services sectors. He has advised a diverse range of clients both in private practice and as in-house counsel across New Zealand, the United Kingdom, the Middle East, and the Asia-Pacific region.

Vimal has worked across a broad range of industries, including technology, telecommunications, manufacturing, construction, property development, energy and utilities, transport, sports stadiums and arenas, convention centres, port and rail infrastructure, water and wastewater, solid waste, and social infrastructure projects such as schools and prisons.

He has extensive experience advising on the procurement, negotiation, drafting, administration, and risk management of complex technology, construction, energy, and commercial contracts. His experience spans a variety of procurement models, pricing structures, and risk allocation frameworks, enabling him to provide practical and commercially focused advice tailored to his clients’ objectives.

Drawing on his international experience, Vimal is known for delivering pragmatic, solutions-focused legal advice that supports successful project delivery, effective risk management, and the achievement of broader strategic outcomes.

 

 

 

 

David Hebenton
Senior Associate
MinterEllisonRuddwatts

David is an experienced construction lawyer who specialises in the resolution of complex and high-value construction and infrastructure disputes. He advises clients on a broad range of contentious matters, including project delivery issues, payment disputes, defective works, variations, delays and extensions of time, as well as other construction-specific claims and risk issues. He also has significant experience advising on professional negligence claims, latent defects, product liability matters, and equitable causes of action.

David acts for a diverse range of public and private sector clients, including Crown entities and government agencies, local authorities, universities, principals, contractors, subcontractors, and consultants. He is experienced across all major forms of dispute resolution and has represented clients in negotiations, mediations, adjudications, arbitrations, and court proceedings, including in the High Court and Court of Appeal.

Prior to joining MinterEllisonRuddWatts, David spent more than three and a half years in Auckland Council’s in-house litigation and dispute resolution team, giving him valuable insight into the perspectives and decision-making processes of public sector clients.

David also contributes to the development and delivery of Construction Law and Master of Engineering courses at the University of Auckland, reflecting his commitment to advancing knowledge and best practice within the construction industry.

 

 

 

 

Sean Kim
Senior Associate
MinterEllisonRuddwatts

Sean is a specialist construction lawyer with extensive experience advising on large-scale property, construction, and development projects. He primarily acts for private owners, developers, major contractors, and government agencies on complex construction and infrastructure projects across a range of sectors, including commercial and office developments, industrial projects, retirement and aged care facilities, healthcare, education, and transport infrastructure.

Sean has deep expertise in a broad range of construction and procurement models and is highly experienced in the drafting, negotiation, and administration of project documentation – based on standard forms (for example, the NZS 391X suite) as well as bespoke forms. He works closely with clients to develop contractual frameworks and commercial arrangements that align with their strategic objectives, while providing practical and commercially focused advice throughout project delivery.

Combining strong technical capability with a genuine interest in the design and construction industry, Sean has a detailed understanding of the broader construction market and the challenges faced by project participants. Clients value his collaborative approach, attention to detail, and ability to navigate complex project risks while maintaining a focus on achieving commercial outcomes.

Sean also contributes to the development and delivery of Construction Law and Master of Engineering courses at the University of Auckland. He also runs training sessions for clients focusing on New Zealand’s suite of construction contracts.

Who should attend?

If you want to gain an in-depth understanding of the NZS3910:2023 construction contract and how it works in practice, whether you’re a lawyer, principal, contractor, consultant or otherwise, this course is for you.

Topics Covered

• Introduction to NZS3910 and the wider NZS suite of construction contracts
• General obligations of the parties
• Contract administration
• Pricing and payment
• Security, insurance and liability arrangements
• Variations and extensions of time
• Completion and defects
• Disputes
• Defaults