Overview

The NZS3910 contract is one of the most commonly used construction contracts in New Zealand and is used on a wide range of projects from small scale residential and commercial projects through to complex infrastructure works. The recently updated NZS3910:2023 version was issued following a large scale and thorough consultation process across the industry and included amendments to cover the changing risk profile of the industry since the previous 2013 version.

Despite NZS3910 being widely used, there is still misunderstanding within the industry of the rights and obligations that the parties have under the contract, the importance of understanding and complying with the contract requirements (particularly the administrative requirements), how discrepancies between various contract documents are dealt with and the interplay with common law and statutory rights and obligations.

This masterclass will be based on the presenters’ extensive day to day experience of dealing with NZS3910 and matters that arise under the contract utilizing relevant practical examples and will provide an understanding of the key provisions in the NZS3910 contract, the key risk and common dispute areas, practical tips for managing performance under the contract and how to best position yourself if a dispute does arise.

Learning Objectives

• Understanding of the key provisions of the NZS3910 contract;
• Assessing and managing the key risk areas in the NZS3910 contract from both a practical and drafting perspective;
• How to avoid and manage discrepancies in the contract;
• How to enforce performance under NZS3910 and how to manage default, termination and suspension;
• Interrelationship between contractual, common law and statutory rights and obligations;
• Dispute resolution mechanisms and how best to conduct and manage disputes;
• Key differences between the 2013 and 2023 versions of NZS3910;
• Subcontractor and consultant documentation and key risks based on a NZS3910 head contract.

Featuring Our Speakers

 

 

 

Julia Flattery

Partner

Duncan Cotterill

Julia is an experienced construction, infrastructure and renewable energy lawyer.  She has been in practice for over 30 years and is qualified in both New Zealand and England and Wales, and brings significant large-project build expertise both in New Zealand and the UK.

Julia has acted for all tiers of the construction industry in relation to procurement strategy, tender preparation and review, construction contracts (including NZS, FIDIC and NEC), subcontracts, consultancy agreements, ancillary construction documentation and construction disputes.  Julia has also advised both government/public sector entities and contractors in relation to complex PPP infrastructure projects.

Julia advises various principals, contractors and subcontractors in relation to a variety of projects including small commercial developments through to some of the largest and most complex developments in New Zealand including office, retail and hospitality developments, housing projects and key infrastructure developments (including hospitals, convention centres and stadia).

Julia’s vast experience across all levels of the construction industry allows her to adopt a commercial, pragmatic and solution driven approach to construction projects focusing on best for project outcome.

She also has a wide range of renewable energy experience and advises funders, landowners and contractors in relation to wind farms, solar developments and hydro developments, both on an EPC and supply and install basis.

 

 

 

 

Jonathan Forsey

Special Counsel

Duncan Cotterill

Jonathan is a Special Counsel in the Christchurch litigation and dispute resolution team. He has considerable experience across a broad range of civil litigation and alternative dispute resolution forums, including the Courts at all levels, specialist tribunals, arbitration, mediation and adjudication.  Jonathan also works with clients on risk management, preparation and updating of policies and training.

Jonathan has a wealth of experience dealing with contractual disputes, insolvency, director’s duties and administrative law.  He deals with issues relating to construction disputes and their resolution. Jonathan advises clients on construction contracts issues, contracting, delay, variations, retentions and compliance issues, insurance and regulatory matters, as well as contract and negligence issues.  He has a particular interest in how the sector responds to challenges arising from natural disasters, supply chain issues and disruption in the construction process.

In recent years, he has developed a practice dealing with many of the legal issues thrown up by the Canterbury rebuild, many of which are ongoing. He has advised clients on construction contracts issues, contracting, delay, variations, retentions and compliance issues, insurance and regulatory matters, as well as contract and negligence issues.

Who should attend?

This course is designed for all participants in the construction industry and will benefit contractors, subcontractors, consultants and other professional advisers involved in construction projects.

Topics Covered

• Introduction to NZS3910
• Payment and payment related disputes
• Completion, defects, delay events, extension of time and disruption
• Dispute resolution procedures