Construction Contracts under NZS 3910:2013

Starts:  Oct 5, 2020 8:30 AM (NZST)
Ends:  Oct 7, 2020 1:00 PM (NZST)
Associated with  New Zealand

This on-line workshop will run via Zoom over 3 days in 3 x 4 hours sessions (8:30am to 1.00pm allowing for breaks)


Course Content

This course provides a thorough overview of NZS 3910:2013, primarily for those acting as Engineer’s Representative, or assistants to the Engineer’s Representative, responsible for carrying out many of the duties and responsibilities of the Engineer to the Contract. It is also relevant to Principals Contractors, Subcontractors and Consultants.



Preparation

Participants are recommended to ensure that they have a reliable internet connection and suitably located computer with camera and microphone. Some participants prefer to use a headset also.

A link to the workshop along with course material will be emailed to participants ahead of the workshop.

If you have access to a copy of NZ Standards, please have this with you. 


Workshop Facilitator


Peter Degerholm Reg QS, FNZIQS, Life Member NZIQS, FAMINZ (Arb/Med), MRICS, Member DRBF, Member Society of Construction Law.

Peter is director of Calderglen Associates Ltd based in Wanaka. He acts as practices as adjudicator, arbitrator and mediator, and offers dispute resolution, expert witness, advocacy and advisory services to the wider construction industry. Peter sat on the committees for NZS 3910:2013, 3916 and 39172013, and NZS 3915, and has delivered training workshops on the NZS 391x suite of standard since 2011. He was also involved in the development of the Construction Contracts Act 2002 and its subsequent amendments and has written two books on the subject.

Day 1 – What is NZS 3910

  • Procurement and risk
    • Risk allocation
    • NZS 3910 contract types
    • Legal requirements for a contact
    • Conditions of Tendering
    • Tender process, evaluation and award
    • Documenting the contract
  • Overview of NZS 3910
    • Contract Agreement, clauses, schedules and guidelines
    • Special Conditions of Contract – Schedules 1 & 2
  • Roles, duties and responsibilities
    • The Engineer, Engineer’s Representative and assistants
    • The Principal
    • The Contractor, Contractor deliverables
    • Subcontractors and Nominated Subcontractors
  • Procedural matters
    • Notices, instructions and claims
    • Time limits and time bars
    • Early notification provisions
  • Other NZS contract forms
    • NZS 3915:2005, NZS 3916:2013, NZS 3917:2013
    • Design & Construct under NZS 3916:2013

Day 2 – How 3910 works Part 1

  • Claims and payments
    • Payment claims and payment schedules
    • Off-site payments
    • Final payment claim and final account
    • Relationship between NZS 3910 and Construction Contracts Act (CCA)
    • Retentions under NZS 3910 and the retention regime
    • Interest provisions
  • Variations
    • Variations and deemed Variations
    • Instructing or requesting Variations
    • Valuing Variations
    • On-site Overheads and Off-site Overheads and Profit
    • Provisional and Prime Cost Sums

Day 3 – How NZS 3910 works Part 2

  • Practical and Final Completion
    • Due Date for Completion
    • Practical Completion
    • Defects Notification Period and defects liability
    • Final Completion
  • Delay and Extension of Time
    • Programmes
    • Liquidated damages
    • Grounds for extension of time
    • Notification of delay and claims for extension
    • Granting extension of time
    • Time-related compensation
  • Default (Contractor and Principal)
  • Dispute resolution under NZS 3910 and CCA
    • NZS 3910 Dispute resolution process
    • Engineer review and formal decision
    • Adjudication under CCA
    • Relationship between NZS 3910 and CCA dispute processes


Date

5-7 October 2020


Pricing

Non- members: $1195 ex gst 
Members:$1075.50 ex gst

Location

ONLINE
ZOOM
You will receive a link via email, NZ

Contact

Jacqui at IPWEA NZ
(04) 496 3254
training.nz@ipwea.org