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Contract resources

Resources to help practices manage the effects of the lockdown on business

NZIA advice notes

The architect’s role in administering a contract (NZIA SCC 2018) under Alert Level 2

The NZIA Practice team has produced a practice note to help you understand the architect’s role in administering a contract under Alert Level 2. Click the button below to read the advice.

The architect’s role in administering a contract (NZS 3910:2013) under Alert Level 2

The NZIA Practice team has produced a practice note to help you understand the architect’s role in administering a contract under Alert Level 2. Click the button below to read the advice.

The architect’s role in administering a contract (NZS 3910:2013) under Alert Level 3

The NZIA Practice team has produced a practice note to help you understand the architect’s role in administering a construction contract under Alert Level 3. Click the button below to read the advice. 

The architect’s role in administering a contract (NZIA SCC 2018) under Alert Level 3

The NZIA Practice team has produced a practice note to help you understand the architect’s role in administering a contract under Alert Level 3. Click the button below to read the advice. 

Administering a construction contract under NZIA Standard Construction Contract 2018

The purpose of this NZIA Advisory is to provide some general guidance to those Architects administering the Contract under NZIA Standard Construction Contract SCC 2018 on projects affected by the COVID-19 pandemic and particularly the Government’s Alert Level 4 lockdown (“the Lockdown”). It also provides some practical suggestions on steps to take if the Principal and Contractor were to follow the Ministry of Business, Innovation & Employments ‘guidance for public sector agencies dealing with the contractual implications for construction projects of the COVID-19 lockdown period’ issued on Wednesday 8 April, 2020.

Government contract guidelines: NZS3910:2013 

The Government has recently announced contract guidelines to help support the construction industry during the COVID-19 restrictions. These apply to contracts based on NZS3910:2013 (unamended), being the most common form of contract for construction projects in New Zealand. 
 
Essentially, the Government’s decision recognises the move to Level 4 lockdown as a variation to a standard contract in the construction industry. For more on this issue read the announcement on the Construction Accord website and the Contract Guidelines, also on the Construction Accord site (PDF). 

 

NZIQS webinar: Engineer to the Contract - how do we assess claims fairly, equitably and impartially?

Lawrie Saegers, Managing Director Rawlinsons, together with Jonathan Forsey and Julia Flattery from Duncan Cotterill, discusses approaches to issues arising from lockdown levels 4, 3 and 2 that the Engineer to the Contract should consider.

The presenters covered the MBIE Guidance issued for Public Sector Agencies dealing with variation claims.

Disclaimer: This NZIQS Webinar is intended to provide general educational advice and guidance only. The NZIA, the NZIQS or any presenters cannot provide legal advice to members. No warranty or guarantee whatsoever is given as to the accuracy of any information contained in this NZIQS Webinar, nor is any liability accepted for any actions taken based on this information. Members should seek professional advice on any specific matters relevant to themselves and/or their practice.

Rawlinson’s also has a useful paper on its website entitled 'The Quantification of Costs and Assessment of Compensation arising from the Alert Level 4 Lockdown':  

 

ACE NZ advice notes

Conditions of contract for building and civil engineering construction 

The purpose of this ACE NZ Advisory is to provide some general guidance to those administering contracts as Engineer to the Contract under standard NZS 3910:2013 “Conditions of Contract for building and civil engineering construction” on projects affected by the COVID-19 pandemic and particularly the Government’s Alert Level 4 lockdown (“the Lockdown”).

Dealing with the unforeseeable in contracts

The purpose of this ACE NZ Advisory is to provide some general guidance to consultants on the legal regime concerning contracts when unforeseeable events, such as the COVID-19 virus and the Government’s Alert Level 4 lockdown (“the Lockdown”), prevent or disrupt their services.

It also provides some practical suggestions on steps to take when this situation occurs. It includes specific advice on the ACE New Zealand/Engineering New Zealand-endorsed Conditions of Contract for Consultancy Services & Form of Agreement, December 2017.

Thanks to our good friends at ACE New Zealand for making these two resources available. 

Webinar: Dealing with NZS 3910 issues as engineer to the contract

Rob Hay, a litigation partner at law firm Morgan Coakle provides some general guidance to those administering contracts as Engineer to the Contract under standard NZS 3910:2013 on projects affected by the COVID-19 pandemic.

Rob discusses the Engineer's role as decision-maker under NZS 3910, including discussing variations, extension of time clauses, the position taken by the Government, the role of the Engineer in negotiating agreements between the Principal and the Contractor, and health and safety on return to work.

See more webinars from ACE NZ at acenz.org.nz/events

 

Watch: legal debates about construction issues

Wynn Williams and Minter Ellison Rudd Watts webinar: Moving to alert level 4

Construction partner Rebecca Saunders and Minter Ellison Rudd Watts partner Janine Stewart debate the implications of non-essential construction site closure resulting from New Zealand’s Alert Level 4 lockdown.

Watch the debate on YouTube.

Wynn Williams and Minter Ellison Rudd Watts webinar: Moving to alert level 3

Construction partner Rebecca Saunders and Minter Ellison Rudd Watts partner Janine Stewart debate the issues arising on construction projects as New Zealand moves to Alert Level 3

Watch the debate on YouTube