We`ve described some of the most important changes in NZS3910:2013 that current users need to understand. The additional schedules and provisions are substantial changes and all contractors should review their written contracts in light of these contracts, perhaps to include the most relevant contracts. The contract has been moved to the front of the contract, so it is no longer hidden on the back of the second calendar. Additional schedules have been added to incorporate documents already widely used, including: payment rights may be invoked for materials delivered to the site but not yet included in the commissioned work and for temporary work, facilities or materials that are not yet on site. NZS3910:2013 establishes a new procedure within a specified time frame that coordinates the engineer and contractor who agrees on an interim payment plan before a payment request is formalized. NZS3910:2013 now requires a contractor to present a simple program that shows how it proposes to meet the completion deadline. Special conditions may also be imposed on the contractor`s submission of a “comprehensive program” containing details such as work sequencing; A critical analysis of trajectories indicating activity times and dependencies; Key data on access to the site Providing essential equipment and services (customers); and work on separation contracts. In addition, the guidelines have been rewritten and no longer have contractual status. In this article, we describe some of the most important changes introduced by NZS3910:2013 that must take into account current users. The amendments provide contractors with the opportunity to review the cheapest for their needs and examine the adequacy of NZS3910:2013 for those currently using another form of construction contract. NZS3910:2013 imposes specific safety, quality and management requirements. Previously, these had been left to the client (order giver) or engineer in order to document elsewhere in the contract that the contractor must make available under these plans. NZS3910:2013 includes new insurance provisions and the information on insurance forms in the calendars is much more complete.
It obliges the parties to choose the specific events that must be covered by the insurance and determines which party is responsible for withholding or excess insurance. It is important that, following the Christchurch earthquake, natural forces identified as insured under specific conditions are not treated as “exempt risks” (which previously allowed the contractor to exclude “exempt risks” from its coverage). In our article last November, we marked the proposed amendments to the 2004 Construction Act, one of which will make written contracts mandatory for certain types of construction. There will also be new requirements that will have to be included in such contracts. Specific provisions have been added with respect to “refund contracts,” perhaps the most significant change of which is that NZS3910 has been divided into three standards that replace NZS3190:2003: please note that there are a number of other changes made to NZS3910:2013 that we have not been able to discuss. However, we will keep you informed of the proposed amendments to the Construction Act in 2004 and the request for a construction contract written in future articles.