NZS3910 is the leading contract for commercial and civil construction in New Zealand and was last revised in 2013. Over recent years, construction contracts have included an ever-growing number of special conditions, sometimes running into hundreds of pages, making the Standard contract more bespoke than standard, and leading to poor allocation of risk.
NZCIC commissioned Standards New Zealand to complete a scoping project for the review of NZS3910 in 2020, which has set the scope and parameters of the review which was commissioned at the end of 2021 by MBIE (representing the Construction Sector Accord) and the New Zealand Infrastructure Commission, Te Waihanga (together, the Commissioners).
Selected industry organisations (Representative Bodies) representing four segments (Commissioners, Clients, Contractors and Consultants/Others) of the construction industry have committed to support the Project by facilitating participation in the revision process and financial contributions from their members and other organisations (Supporting Entities) within their segment as described in the enclosed Memorandum of Understanding.
NZCIC has taken the role of Representative Body for the diverse Consultant/Other segments. NZCIC members (Civil Contractors NZ, Registered Master Builders and Specialist Trade Contractors Federation) have jointly taken on the role of Representative Body for the Contractor sector.
The costs of the review are estimated to be $660,000, which will cover a full update of NZS3910, an interim amendment to NZS3910, legal drafting and smart document features but exclude revision of the other NZS391x suite of standard contracts. As the Representative Body for the “Consultant and Other Provider” sector, NZCIC has committed to facilitating financial commitments from Supporting Entities for 25% of the total Project costs ($165,000).
NZCIC is seeking contributions from industry associations and organisations within the consultant/other provider sectors. NZCIC will transfer these contributions to the Commissioners, who in turn will pay the Project costs. Any surplus funds remaining at the end of the Project will be refunded proportionally to the Supporting Entities on a pro-rata basis.
Any organisation or business from the Consultant/Others sector that wishes to support the revision process and become a Supporting Entity, should contact Graham Burke, NZCIC Executive Director.
NZCIC has received support toward the review of NZS3910 from the following organisations and businesses:
- Project Management Institute NZ
- Association of Consulting Engineers
- NZ Institute of Quantity Surveyors
- NZ Institute of Architects
- Engineering NZ
- Insurance Brokers Association NZ
- NZ Institute of Building
- Institute of Public Works Engineering Australasia
- Hesketh Henry
- Bell Gully
- Chapman Tripp
- Reflective Law
- Badcock Law
- Martelli McKegg
- BDO Auckland
- BDO NZ