CCNZ's two nominations for the standards development committee for the revision of NZS 3910:2013 Conditions of contract for building and civil engineering construction project have been accepted, with Paul Buetow of Dentons Kensington Swan and Jim Juno of Juno Civil appointed to represent feedback from the civil construction industry.
The NZS 3910 contract is used as the foundation for the majority of New Zealand's contracts in the building, engineering, construction and infrastructure sectors. It has not been updated since 2013, and while the industry supports the use of standard contracts, the addition of increasing amounts of 'special conditions' to accompany these standard contracts has highlighted the need for a review.
CCNZ Chief Executive Alan Pollard said the review carried great benefits for the industry and its clients.
In most cases, using the standard contract was far superior to creating a bespoke contract for each project and It important 3910 was fit for purpose for decades to come, Mr Pollard said.
“It’s important our standard conditions of contract document is up-to-date. The review of 3910 is a significant step, and once completed it will help streamline the way construction contracts work and remove the need for additional special conditions.
“There are a lot of benefits to using standard contracts. Not only do they give a clear understanding for all parties, they also mean all parties can understand what’s expected without significant legal costs.”
In July 2020, the New Zealand Construction Industry Council (NZCIC), of which CCNZ is a member, engaged with Standards New Zealand to discuss the prospect of updating NZS 3910:2013 Conditions of Contract for Building and Civil Engineering Construction. CCNZ took a lead role in this dialog, contributing significantly to triggering the project to review NZS 3910.
The review was jointly commissioned by The New Zealand Infrastructure Commission - Te Waihanga and the Construction Sector Accord in October 2021. CCNZ has committed $65,000 over two years to fund the civil construction industry’s share of the review costs. A review timeline is currently being produced, and will be available shortly.
Paul and Jim would like to set up a small working group of 8 to 10 people representing those working across the sector (small, medium, and large) to help inform what contractors are experiencing on a day-to-day basis.
If you are interested in participating in this group or would like to recommend someone, please contact CCNZ Chief Executive Alan Pollard by close of business, Monday 28 February 2022.
About the representatives
Jim Juno is the Managing Director of Juno Civil, a small to medium civil construction company operating across the Wellington region for in excess of 40 years. He is also a Past President and Life Member of CCNZ’s predecessor organisation, the New Zealand Contractors Federation.
Jim also represented NZ Contractors Federation on the NZS 3910:1998 review.
Paul Buetow is a Partner at CCNZ Core Associate Dentons Kensington Swan, and a specialist construction lawyer with over 25 years’ experience.
He co-leads the largest specialist Major Projects and Construction legal team in New Zealand, and is legal advisor to the CCNZ Executive Council.