What does NZS 3910 require of a contractor in New Zealand?
NZS 3910 is a standard form of construction contract in New Zealand, in its 2013 and 2023 editions. The contractor notifies a variation within 1 month of the instruction and an extension of time claim within 20 working days, and lodges the final payment claim within 1 month of the defects period ending.
Where the notices fall
- Within 1 month of a variation instruction the contractor notifies a claim, and proposes the value within 1 month.
- Within 20 working days it gives notice of an extension of time claim. The Engineer is 'not bound to grant' - discretionary, no express bar.
- At completion the bond, the 3 months defects notification period and the final payment claim within 1 month follow.
The library holds the 2013 edition, the 2023 edition and Auckland Transport NZS 3910:2013 Special Conditions. A Variation is valued as if notice had been given (cl 6.10.3). 2023 published wording not confirmed - read from the DZ draft only.
Every duty the library holds from NZS 3910
| Duty | Window and section | If missed |
|---|---|---|
| Provide the contractor's bond within 2 months | 2 monthscl 3.1.2-3.1.7 | the claim is barredDisputes |
| Notify defects within the 3 months defects notification period | 3 monthsDZ cl 11.1, 11.2.1 | no penalty statedDisputes |
| Lodge the final payment claim within 1 months of the defects period ending | 1 monthcl 12.4.1 | the claim is barredDisputes |
| Issue the final payment schedule within 20 working days | 20 working dayscl 12.5 | no penalty statedDisputes |
| Make a progress claim on the cadence the contract states | 1 monthcl 12.1.2, 12.2.1, 12.2.8 | a breach of contractDisputes |
| Release retention within 10 working days of practical completion (or the defects period ending) | 10 working dayscl 12.3.3; DZ 12.3.4, 12.3.7 | a breach of contractDisputes |
| Decide an extension of time claim within 20 working days | 20 working dayscl 10.3.5 | no penalty statedMissed claims |
| Give notice of an extension of time claim within 20 working days | 20 working dayscl 10.3.2 | no penalty statedMissed claims |
| Submit the programme within 20 working days | 20 working dayscl 5.10.1-5.10.4 | the claim is barredMissed claims |
| Give full details of an unforeseen physical condition | none setcl 9.5.3 | no penalty statedLapsed compliance |
| Notify an unforeseen physical condition as soon as practicable | none setcl 9.5.2, 9.5.4 | no penalty statedLapsed compliance |
| Do not claim weather, or conditions due to weather on the Site, as an unforeseen physical condition | none setcl 9.5.1 | no penalty statedLapsed compliance |
| Record day works on the day they occur | 1 daycl 9.4.3 | no penalty statedMissed claims |
| Notify a variation claim within 1 months of the instruction | 1 monthcl 9.2.2 | no penalty statedMissed claims |
| Notify any other matter affecting time or cost within 1 months | 1 monthcl 9.2.3 | no penalty statedMissed claims |
| Propose the value of a variation within 1 months of the instruction | 1 monthcl 9.3.2 | no penalty statedMissed claims |
| Respond to a variation notice within 1 months | 1 monthcl 9.2.4 | no penalty statedMissed claims |
| Submit the final account within 3 months of practical completion | 3 monthscl 9.11 | the claim is barredDisputes |
| Give an early warning of an event likely to affect time or cost | none setDZ cl 6.10 | no penalty statedMissed claims |
| Give notice of an extension of time claim within 20 working days | 20 working dayscl 10.3.2 (2023); DZ 10.3.6(c) | no penalty statedMissed claims |
| Notify a variation claim within 20 working days of the instruction | 20 working dayscl 9.2.2 | no penalty statedMissed claims |
| Notify any other matter affecting time or cost within 20 working days | 20 working dayscl 9.2.3 | no penalty statedMissed claims |
| Respond to a variation notice within 20 working days | 20 working dayscl 9.2.5 | no penalty statedMissed claims |
| Report RFIs and change events in the monthly report | 3 working dayscl 5.23.8 | a breach of contractMissed claims |
In this guide
- Variations and unforeseen conditionsNZS 3910 variations in New Zealand: notice within 1 month of the instruction, the value proposed within 1 month, day works, and unforeseen physical conditions.
- Extensions of timeNZS 3910 extension of time in New Zealand: notice within 20 working days, the Engineer's decision within 20 working days, programme and early warning.
- Payment and completionNZS 3910 completion in New Zealand: bond within 2 months, defects notified within 3 months, retention release, final claim and final account.
What this page is, and is not
It is the section text this library holds for New Zealand's Construction Contracts Act 2002 (NZ), NZS 3910:2013 and Health and Safety at Work Act 2015, with the window and the consequence. The NZS 3910:2023 rows are read from secondary summaries of the draft, not the published text. It is not legal advice, and it is not a substitute for reading the Acts, the contract you signed and any special conditions.
These pages set out the duties the library holds for a New Zealand job.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.