Overview

In this course, members of the Chapman Tripp Construction & Major Projects and Litigation & Disputes Resolution teams will guide attendees through the NZS 3910:2023 conditions of contract for building and civil engineering construction.

We will focus on the key terms of the NZS 3910:2023 and their practical implications for construction projects in New Zealand, with a particular emphasis on the contract’s dispute resolution clauses.

Key provisions to be examined include contract pricing models, typical forms of security, contractor obligations, contract administration, variations, indemnities, limitations of liability, extensions of time, and the dispute resolution provisions.

Additionally, we will highlight significant updates made to the NZS 3910:2023 since the 2013 edition of the contract. This includes changes to the role of the Engineer to the contract and updates to the dispute resolution process. By the end of this course, attendees will have an improved understanding of the provisions of the NZS 3910:2023 contract and how to effectively administer the contract for construction projects.

Learning Objectives

• Understand the obligations of the parties under the NZS 3910:2023
• Understand the roles of the contract administrator and the independent certifier under the NZS 3910:2023
• Understand how variations are instructed and priced under the NZS 3910:2023
• Understand extension of time grounds and the process for claims under the NZS 3910:2023
• Understand the defects liability period under the NZS 3910:2023
• Understand the standard payment mechanics set out in the NZS 3910:2023
• Understand the disputes process set out in the NZS 3910:2023
• Understand the mechanics around defaults and termination in the NZS 3910:2023

Featuring Our Speakers

Lead Trainer:

 

 

 

 

Andy  Cartwright

Senior Associate

Chapman Tripp

Andy is a qualified lawyer in both New Zealand and the UK who specialises in advising on the development and construction of major projects, in particular project finance and construction law.

Andy began his legal career at Chapman Tripp, before moving to London in 2019, where he worked for leading US and magic circle firms and was admitted to practice law in England and Wales.

His experience in London was instrumental in deepening his understanding of global legal practices, particularly in the sectors of energy, industrial, and infrastructure development.

Andy’s work has spanned various regions, including the UK, Europe, the Middle East, Africa, and the Pacific. He has advised a wide range of clients including sponsors, lenders, contractors and service providers, on numerous aspects of project development. His expertise encompasses strategy, procurement, tendering, probity, technology/process licensing, as well as construction.

Andy’s day-to-day work typically consists of drafting and negotiation of commercial, project and construction contracts, along with assisting with contract administration queries and dispute resolution.

After five years abroad, Andy has returned to Chapman Tripp in Auckland. He brings with him a wealth of international experience and a unique perspective that enhances his practice in New Zealand.

Co-trainers

 

 

 

 

Kylie Mutch

Partner

Chapman Tripp

Kylie brings a wealth of experience to large-scale domestic and international construction projects across a wide variety of sectors, including infrastructure, energy (including renewable), trans

port, health, airports and commercial.

With expertise in large construction projects, Kylie is often called upon to provide advice on public buildings of significance.

Her experience with a wide range of construction contracts (NZS, FIDIC, NEC, bespoke and alliance contracting) as well as ancillary project documents (including consultancy agreements, supply agreements and tender documentation), allows Kylie to assist clients with contract preparation and negotiation on a wide variety of projects. Kylie advises on all asp

ects of project procurement and works alongside clients on their procurement strategy.

Kylie is known for her ability to cultivate strong rapport and collaborate seamlessly across a broader project team. Her broad industry knowledge means she is adept at providing well contextualised, practical advice that realises her clients’ priorities and challenges.

 

 

 

 

Sam Holden

Partner

Chapman Tripp

Sam is an experienced commercial litigator, specialising in construction disputes.

As a senior member of our Construction & Major Projects team, he is trusted by the firm’s largest clients to lead complex construction disputes, achieving excellent results in the courts, arbitration, adjudication and settlements.

He also advises on insolvency issues impacting construction projects, assisting insolvency practitioners in their role as receivers, voluntary administrators and liquidators.

Sam is recognised as a rising star by NZ Lawyer 2021.

 

 

 

 

Daryl Robinson

National Manager,

Construction WTW

Daryl is WTW’s National Manager for Construction.

Daryl has 28 years of construction experience, the last 14 specialising in Construction insurance working

at insurance broking houses and insurers both in the New Zealand and the London market.

Prior to entering the insurance sector Daryl was a Civil Engineer working on infrastructure design,

construction and management for 15 years in New Zealand and overseas.

Daryl and his team focus on Contract Works and Construction Liability insurance for construction projects.

He partners with Contractors managing all their insurance needs but is also involved in placing the

insurance programmes on behalf of Principals.

Some of Daryl’s prime responsibilities include Construction Contract reviews for Principals and

Contractors and the design and placement of single project insurance programmes for both Contractors

and the Principals.

As well as an expert knowledge of the NZS3910 suite of contracts he has passed the Institution of Civil

Engineers (ICE) Law and Contract Management Examinations for both the ICE and NEC forms of

contract.

 

 

 

 

 

Hamish Bolland

Partner, Construction & Major Projects

Chapman Tripp

Hamish leads the Construction & Major Projects team at Chapman Tripp. He specialises in major projects

and has practiced in this area for the last 15 years (including six years overseas at ‘magic circle’ law firm

Allen & Overy).

Hamish has advised on over $40b worth of projects, the vast majority of which were project financed. He

has extensive experience in the energy sector (both in the private sector and on concession-type

procurement models seen overseas).

 

 

 

 

Vonda Engles

Special Counsel, Employment and Health & Safety

Chapman Tripp

Vonda is a special counsel in the Employment team at Chapman Tripp. Vonda advises clients on all aspects

of employment law and health and safety.

She assists a number of the firm’s key clients on a full range of contentious and non-contentious

employment matters, and has represented clients in the Employment Court, Employment Relations

Authority and in mediation with the Ministry of Business, Innovation and Employment. Vonda has a keen

interest in employment investigations and has carried out a number of independent investigations into

conduct and culture issues. She has completed the Association of Workplace Investigators Training

Institute and is a Certificate Holder.

Vonda also has experience in assisting clients to manage their health and safety risks by providing

compliance advice and training. She also has experience in assisting employers with health and safety

investigations and responding to prosecutions by WorkSafe.

Who should attend?

Industry participants who would like a more in-depth knowledge of the NZS 3910:2023 contract.

Topics Covered

• Pricing, security and subcontractors
• General obligations of the Parties
• Variations, Delays, Defects and Payment
• Disputes and Termination