How does an extension of time work under NZS 3910 in New Zealand?
Under NZS 3910:2013 the contractor gives notice of an extension of time claim within 20 working days, and the Engineer decides it within 20 working days. The programme is due within 20 working days. Auckland Transport's special conditions add a monthly report 3 working days before each meeting.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Give notice of an extension of time claim within 20 working days | 20 working dayscl 10.3.2 | no penalty statedMissed claims |
| Decide an extension of time claim within 20 working days | 20 working dayscl 10.3.5 | 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 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 |
| Report RFIs and change events in the monthly report | 3 working dayscl 5.23.8 | a breach of contractMissed claims |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Give notice of an extension of time claim within 20 working days
cl 10.3.2 · 20 working days · no penalty stated
- 20 Working Days after the circumstances arise, or as soon as practicable; details in the notice or within a reasonable time.
- The Engineer is 'not bound to grant' - discretionary, no express bar.
Decide an extension of time claim within 20 working days
cl 10.3.5 · 20 working days · no penalty stated
- The Engineer's EOT decision, within 20 WD or as soon as practicable; referable to review.
Submit the programme within 20 working days
cl 5.10.1-5.10.4 · 20 working days · the claim is barred
- 10 WD after acceptance of tender for the initial programme; 20 WD (recorded here) for a Comprehensive Programme.
Give an early warning of an event likely to affect time or cost
DZ cl 6.10 · none set · no penalty stated
- As soon as a party becomes aware of a likely material price, delay or statutory-breach matter.
- 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.
- 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.
Give notice of an extension of time claim within 20 working days
cl 10.3.2 (2023); DZ 10.3.6(c) · 20 working days · no penalty stated
- 20 WD after becoming aware, to the Contract Administrator and Independent Certifier; a continuing delay may be notified more than once.
Report RFIs and change events in the monthly report
cl 5.23.8 · 3 working days · a breach of contract
- At least 3 Working Days before each monthly meeting (monthly cadence).
- Auckland Transport's own special conditions to NZS 3910:2013; jurisdiction recorded as the Auckland region (NZ-AUK) since this is a regional-authority special condition, not the national contract form.
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.