* NZS 3910, 3916 and 3917 are © Copyright Standards New Zealand. May be purchased from www.standards.org.nz  Reproduced with permission  of Standards NZ under licence no. 001048. 

** FIDIC contracts are © copyright 1999, Fédération Internationale des Ingéneurs Conseils www.fidic.org  Extracts are reproduced under licence 14763-1384409566.

*** NEC contracts are © copyright nec and Thomas Telford Ltd, 2005, www.neccontract.com  and images are reproduced under ePrint licences.

© 2016 Enmore Consultancy Ltd. Postal address: 'Enmore Green', 852 Coatesville-Riverhead Highway, RD3 Albany, Auckland 0793. NZ

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Contractor Claims Workshop – based on NZS 3910 and other contracts

Workshops on the use of NZS 3910*, FIDIC contracts**, the NEC3*** suite of contracts, NZIA Standard Conditions of Contract (SCC)**** and others have been prepared and delivered by Andrew Brickell, CPEng, FIPENZ of Enmore Consultancy.

These are offered as staff training events held throughout NZ and the Pacific,  for contractors’ staff, engineers, architects, quantity surveyors, project managers and other interested organisations, Among these are training events for contractors seeking to pursue additional time and money entitlements, in accordance with contract conditions or otherwise at law.

Andrew represented IPENZ and the Association of Consulting Engineers NZ on the Standards NZ committee that produced NZS 3910, 3916 and 3917, is a member of the FIDIC Contracts Committee Task Groups and has more than 50 years of construction project experience in 20 countries.

Workshops offered by Andrew and are available as public events include the following, which run for one or two days. Each includes short talks, discussions, group exercises for problem solving, discussions and a takeaway workbook:

  • Contract Fundamentals for Contractors (2 days) – developed for building contractors and for engineering contracts – based on NZS 3910 and also with references to NZIA SCC),

  • Contractor’s Claims (1 day) – follows on from the above, more advanced and focussed on claims for time and money under contracts like 3910, 3916, FIDIC, NEC3 and NZIA SCC.

The recently developed ‘Contractor’s Claims’ workshop assumes some working knowledge of construction contract business processes. It explores the 13 opportunities for contractors to initiate claims for additional time or money, and provides ideas on the necessary documentation to improve success by demonstrating entitlements.

Relevant clauses in contracts, in legislation and in leading cases decided by the courts are summarised. Advice is given on how these entitlements may be justified to an engineer, an architect, a NEC3 project manager or through disputes processes, if initially unsuccessful.

Why attend, when and how

Learnings from the claims workshop can help trainees ensure entitlements are robustly demonstrated and easily understood by those receiving them, with the aim of reducing the need for escalation of claims into expensive and time consuming dispute processes. The workshop presenter also spends time disposing of several myths which have revolved around such entitlements.

Trainees learn formalised methods and effective justifications to help convince Principals, employers, engineers and architects of the cause, effect, entitlement and substantiation of claims. Arguments are cited as to why honouring such entitlements may be their best interests too.

For dates of public workshops, how to enrol, or to host them as in-house arrangements, contact:

  • Organisational Development Institute, www.odi.org.nz or telephone Cathy on 03-943 2373,

  • Institute of Public Works Engineering, Australasia: NZ branch www.ipwea.com/nz or telephone IPWEA NZ’s Events Organiser, Trina, on 021-362 638.