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New Zealand guide
New Zealand / NZS 3910

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

  1. Within 1 month of a variation instruction the contractor notifies a claim, and proposes the value within 1 month.
  2. Within 20 working days it gives notice of an extension of time claim. The Engineer is 'not bound to grant' - discretionary, no express bar.
  3. 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

DutyWindow and sectionIf missed
Provide the contractor's bond within 2 months2 monthscl 3.1.2-3.1.7the claim is barredDisputes
Notify defects within the 3 months defects notification period3 monthsDZ cl 11.1, 11.2.1no penalty statedDisputes
Lodge the final payment claim within 1 months of the defects period ending1 monthcl 12.4.1the claim is barredDisputes
Issue the final payment schedule within 20 working days20 working dayscl 12.5no penalty statedDisputes
Make a progress claim on the cadence the contract states1 monthcl 12.1.2, 12.2.1, 12.2.8a 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, 12.3.7a breach of contractDisputes
Decide an extension of time claim within 20 working days20 working dayscl 10.3.5no penalty statedMissed claims
Give notice of an extension of time claim within 20 working days20 working dayscl 10.3.2no penalty statedMissed claims
Submit the programme within 20 working days20 working dayscl 5.10.1-5.10.4the claim is barredMissed claims
Give full details of an unforeseen physical conditionnone setcl 9.5.3no penalty statedLapsed compliance
Notify an unforeseen physical condition as soon as practicablenone setcl 9.5.2, 9.5.4no penalty statedLapsed compliance
Do not claim weather, or conditions due to weather on the Site, as an unforeseen physical conditionnone setcl 9.5.1no penalty statedLapsed compliance
Record day works on the day they occur1 daycl 9.4.3no penalty statedMissed claims
Notify a variation claim within 1 months of the instruction1 monthcl 9.2.2no penalty statedMissed claims
Notify any other matter affecting time or cost within 1 months1 monthcl 9.2.3no penalty statedMissed claims
Propose the value of a variation within 1 months of the instruction1 monthcl 9.3.2no penalty statedMissed claims
Respond to a variation notice within 1 months1 monthcl 9.2.4no penalty statedMissed claims
Submit the final account within 3 months of practical completion3 monthscl 9.11the claim is barredDisputes
Give an early warning of an event likely to affect time or costnone setDZ cl 6.10no penalty statedMissed claims
Give notice of an extension of time claim within 20 working days20 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 instruction20 working dayscl 9.2.2no penalty statedMissed claims
Notify any other matter affecting time or cost within 20 working days20 working dayscl 9.2.3no penalty statedMissed claims
Respond to a variation notice within 20 working days20 working dayscl 9.2.5no penalty statedMissed claims
Report RFIs and change events in the monthly report3 working dayscl 5.23.8a breach of contractMissed claims

In this guide

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.

Common questions

What is NZS 3910?

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.

When must a variation be notified under NZS 3910?

Commonly treated as a condition precedent in practice (secondary characterisation); no express bar in the primary text read. The DZ draft moves this to 20 Working Days, copied to the Independent Certifier, who decides the value under DZ cl 9.3.5 (draft only, 2023 published wording not confirmed).

When must an extension of time be claimed?

The Engineer is 'not bound to grant' - discretionary, no express bar. The notice is due within 20 working days.

How long is the defects notification period?

Defects Notification Period, 3 Months from practical completion unless specified (Auckland Transport's Panel 3 special conditions instead set 12 Months).

What changed in the 2023 edition?

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.

What does cl 3.1.2-3.1.7 require?

Provide the contractor's bond within 2 months (cl 3.1.2-3.1.7). Window: 2 months. Consequence: the claim is barred.