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 NZS 3910:2023 conditions of contract for building and civil engineering construction.

Our team has a wealth of experience advising principals, contractors and consultants on NZS 3910 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 NZS 3910:2023 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 NZS 3910 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 new versions of NZS 3916 (Design and Construction) and NZS 3917 (Fixed term) which are due to be published in 2025.

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

 

 

 

 

Stephen Price

Partner

MinterEllisonRuddWatts

Stephen is recognised as one of the top construction lawyers in New Zealand. He is an expert in managing the delivery of large-scale construction projects. A senior trial and appellate advocate, he is sought after for his ability to resolve the most complicated and critical construction disputes.

Stephen works with all parties across the construction sector. He has specific experience in major horizontal and vertical infrastructure projects, such as public private partnerships (PPPs), power stations and roading projects.

As a distinguished construction litigator, Stephen is called upon when the stakes are high. He advises on strategically sensitive contractual disputes involving claims for variations, delays/disruption, and non-compliant works. He has extensive advocacy experience at all court levels, in arbitrations, and other dispute resolution processes.

Stephen’s construction expertise is consistently recognised in leading legal directories, such as Chambers Asia-Pacific and The Legal 500 Asia Pacific. His clients highlight the wealth of his experience and industry knowledge.

Stephen is a thought leader in the construction industry. He has lectured on Construction Law for the Auckland University of Technology (Master of Construction Management degree), and the University of Auckland Engineering and Law schools.

 

 

 

 

Jordan Oldham

Senior Associate

MinterEllisonRuddWatts

Jordan is an experienced construction, infrastructure and projects lawyer. He advises a range of private and public sector clients (including principals and contractors) on all phases of a project’s lifecycle from procurement, through construction and into operation. He is respected and trusted by clients who value his guidance and advice. Jordan is also leading the firm’s rollout of NZS3910:2023.

Jordan has particular experience in the infrastructure sector, including advising central and local Government on some of New Zealand’s largest and most critical infrastructure projects and reform programmes. Jordan also advised the Department for Internal Affairs on the Water Services Reform Programme, one of the most significant reform programmes introduced in recent years.

Drawing on a wealth of experience advising on different contracting forms, structures and risk-sharing arrangements in both New Zealand and the United Kingdom, Jordan works with clients to develop procurement strategies, draft and negotiate project documentation, and provide ongoing assistance during the delivery phase. He is driven to provide excellent advice to clients that is clear and concise, legally astute, and ultimately commercially pragmatic.

Taking an active interest in mentoring junior lawyers, Jordan lectures at the University of Auckland Law School and at the Auckland University of Technology. He also runs training sessions for clients focusing on New Zealand’s suite of construction contracts.

 

 

 

 

Deborah Rowe

Special Counsel

MinterEllisonRuddWatts

Deborah is a construction law expert who specialises in resolving construction related disputes and litigation.

Deborah advises all participants in the construction industry, including some of New Zealand’s largest contractors. She has advised on several major project disputes including in the infrastructure, roading and energy sectors.

With over 20 years’ experience in construction law, Deborah advises on all aspects of a project life cycle, including procurement and contracting issues. Experienced with a variety of construction contracts, such as NZS3910 and FIDIC, Deborah regularly assists clients with claims for variations, delay, and prolongation, and with payment issues. She is an expert on the Construction Contracts Act including payment claim and payment schedule issues and has acted on many adjudications for principals and contractors.

Deborah is experienced in all forms of dispute resolution, including litigation, arbitration, adjudication, mediation and negotiated settlements. She is highly regarded by clients for her calm approach to resolving difficult legal issues, her technical expertise, and her strategic advice.

Deborah has a pragmatic and commercial approach to resolving disputes. She is skilled at managing complex claims and disputes throughout the life of a project, to allow project teams to focus on delivery.

 

 

 

 

Rebecca Cook

Senior Associate

MinterEllisonRuddWatts

Rebecca is a specialist construction lawyer with experience across all stages of the project life cycle. Her expertise is in resolving large scale commercial construction and energy disputes.

She is highly experienced in all forms of construction dispute resolution, having represented clients in negotiation, mediation, adjudication, arbitration (domestic and international), and court proceedings (New Zealand High Court and the United Kingdom Technology and Construction Court). Her construction disputes experience extends to include dispute avoidance and mitigation, including project advisory (delivery), payment claims, defective/incomplete works, variations, delay/extensions of time, practical completion, final accounts, termination/cancellation, and various other construction specific matters.

Acting for the full suite of construction clients, Rebecca advises principals/employers, Crown/Government departments, developers, investors, commercial property owners, main contractors, subcontractors, suppliers, and consultants.

Rebecca has been described by clients as “approachable, accessible and a valuable part of our professional support team when needed” – The Legal 500 Asia Pacific 2022.

She also lectures on construction law at the University of Auckland and Auckland University of Technology.

Who should attend?

If you want to gain an in-depth understanding of the NZS 3910:2023 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 NZS 3910 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