fbpx

Concordia Commentaries

NZS3910:2023 – Essentials of the Revised Form in Practice

In 2023 NZS3910, the industry standard form of contract for building and civil engineering projects, was revised to include several provisions to make it more user friendly, clearer as to the roles of the parties. including the splitting of the roles of Contract Administrator and independent certifier and the introduction of plainer wording. It is hoped that these changes will assist with the commercial control of projects, which will in turn reduce the number of costly disputes. It is essential that industry gets up to speed wirh the new form as the number of disputes under the 2013 form is at its highest, given the strains on the industry at present. This course will run through the essential changes to NZS3910 and provide advice and interpretation of the role of the independent certifier, early warnings, variation priceing and other major changes in the document, so that all stakeholders are equipped to understand their contractual obligations, take control, and avoid disputes. It will also cover the impact of the CCA (Retention Money) Amendments Act 2023 on Construction Contracts and good commercial practice guidance.

As New Zealand has entered a period of significant construction constraints, making it harder for everyone in the industry to navigate, it is important that professionals, prinicpals and contractor alike understand the effect of the number o changes in respect of the new form. Understanding these will assist the parties to a contract deliver a project on time and on budget.

COURSE PROGRAMME

This 2-day course which includes a half day workshop will provide participants with all they need to understand and implements the various changes which affect many aspects of 3910, including:

  • A clause by clause guide to the changes
  • The role of the Independent Certifier and Contract Administrator
  • Obligations in respect of the Construction Programme
  • Obligations with respect to Early Warnings regarding cost and time
  • Obligations in respect of design obligations, clarification of tender assumptions and variations
  • Obligations for payment claims and payment schedules, retentions and final accounts
  • Obligations in respect of extensions of time and dispute processes under the contract
 
THIS SEMINAR IS SUITABLE FOR ANYONE INVOLVED IN THE CONSTRUCTION AND ENGINEERING SECTORS INCLUDING CONSULTANTS< CONTRACTORS AND SUBCONTRACTORS

The Presenter

Raine Selles MSc. Construction Law & Arb., LLB(Hons), FQSi, MCIArb., FFAVE, MNZIOB, FNZACE

Raine heads the NZ office of Concordia Resolution and Training and as more than 30 years’ experience within the construction industry in both project/commercial management and dispute resolution. She has lectured nationally and internationally on most Forms of Contract including NEC and FIDIC, and NZS3910 extensively throughout NZ. She is a member of the Construction Strategy Group, works with the accord and sits on the NZS3910:2013 review panel. Her experience includes the production of contract documents, procurement strategy, management and delivery of Major Construction Projects, as well as the production, negotiation and settlement of contractual claims. She has achieved an enviable success rate in settling large complex claims as well as smaller claims on behalf of various contractors and subcontractors.

Since setting up Concordia (previously named CMC Asia Pacific) 11 years ago, she has helped settle more than 800 disputes and has achieved settlements of more than $5bn in New Zealand and Australia. Raine practices as an Expert Witness, Adjudicator, Mediator and Arbitrator but her main focus is on facilitating the parties to reach agreement without the need to invoke formal processes. Her background in quantity surveying and commercial/project management and being qualified in law pays dividends in having construction knowledge that lawyers do not.

Raine is NZ’s leading authority on NZ3910:2013 and has trained Stakeholders across all disciplines for almost 10 years. She also regularly lectures on Contract Law, Adjudication under the CCA, NEC 4 and more. Here are some comments from a recent course”

“very relaxed and informative” “Easy to understand, communicate with real world examples” “very good overview and pitched at the right level for the group” “very thorough on topics covered” Very experienced and easy to discuss items with” “gave so many examples of everyday issues encountered and how they can be dealt with”

The Dates

Auckland: 23 and 24 April 2024

Wellington: 8 and 9 May 2024

Christchrurch: 15 and 16 May 2024

The Price

Early Bird Registration (before 31/03/24)…………………………….$1700.00 plus GST

Late Registration……………………………………………………………….$1995.00 plus GST

To register your interest, contact us on nz@concordiaresolution.com