Contractual Interpretation - What the Law Says
There are two all-important rule books that require our constant, thorough and relentless study of, in the quest to know the truth about...
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The NZ Building Economist
- Sep 15, 2023
Head Contractor WDR excludes Subcontractor Time-related Costs
It is time to dispel the myth some Principal representatives have asserted, in recent times, that the Head Contractor Working Day Rate...
The NZ Building Economist
- Mar 3, 2023
'Project Specific' Overhead Recovery
NZS3910 misrepresents Overheads as ON SITE, or OFF SITE... Our definitions are clear, but our terminology is misleading. The NZS3910...
The NZ Building Economist
- Oct 5, 2022
One Notice Will Do, for “Extension of Time Variations” NZS3910
Have you been awarded an extension of time for a variation but denied the money for the variation and its time related costs for lack of...
The NZ Building Economist
- Apr 10, 2022
Getting to the Entitlement Point, is what really Matters
Qualifying circumstances must always be treated as a variation. It is a choice to argue badly as a tactic to distract, confuse, delay,...
The NZ Building Economist
- Dec 12, 2021
The Engineer and Natural Justice
What is natural justice? The words “natural justice” have specific meaning in the law. Natural justice comprises two rules, the rule...
The NZ Building Economist
- Nov 28, 2021
The Principles of Valuation NZS3910:2013
Here we explore [1] Valuing Variation, [2] Valuing Other Matters, and [3] the Principles of Valuation, to be applied to everything being...
The NZ Building Economist
- Nov 21, 2021
Subcontractor Extension of Time Dis-entitlement, No harm no foul
Three infill units, Auckland's North Shore 2021 There was a time when subcontractors were never allowed to be late. It was a time when,...
The NZ Building Economist
- Nov 14, 2021
Show me your contract
To ensure fair resolution of claims emanating from subcontractors, the Head Contractor must be transparent with the Principal about...
The NZ Building Economist
- Oct 24, 2021
Is a Bonus, Profit or Liquidated damages?
Monroe-Matic Calculating Machine A Bonus, is either 100% Profit or 100% Liquidated Damages, (LD's). It is all or nothing, resting on...
The NZ Building Economist
- Aug 15, 2021
Defining FF&E for New Zealand Building Contracts
The FF&E scope identification problem? A land-owners vision for a specific built environment (building) includes its intended use. When...
The NZ Building Economist
- Jul 22, 2021
NZS3910:2013 The Search for Variations - a quick reference guide
We have prepared an Excel formatted table of NZS3910:2013 references to variation clauses. Each is identified with the required Notice...
The NZ Building Economist
- Jun 9, 2021
NZ Contractual Interpretation Case Law Development - L&M Coal v Bathurst
The High Court of NZ 2018 Dobson J in L&M Coal v Bathurst CIV-2016-485-1007 [2018] NZHC 2127 decide that Bathurst owed L&M Coal US$40...
The NZ Building Economist
- Apr 21, 2021
Offsite Overhead Recovery Mission
Late one October 2020 evening, while discussing work war stories (dispute resolution) at a bar, a senior construction executive / QS...
The NZ Building Economist
- Mar 24, 2021
A Contract in Context, Means more than mere words can express...
I believe a true and correct meaning of words used in contract can be ascertained by anyone, who seeks to truly understand and observe...
The NZ Building Economist
- Mar 12, 2021
Detailed Design Disruption Claims
Dissatisfied with No, No, No… ? ? ? When you can’t get a variation order because; [1] the matter can be objectively “interpreted as a...
The NZ Building Economist
- May 9, 2020
Time to break out a “Time related overheads” claim, NZS3910 Style.
The nature of a Covid-19 Shutdown causes extreme under recovery of Off-site Overheads using the standard Working Day Rate or % methods.
The NZ Building Economist
- May 2, 2020
"Let the Profit Margin be" - The Principles of Valuation
The Contractors financial and overhead expenses include any number of risks that frequently arise including the financial impact of Covid-19
![Your Construction Contract [NZS3910] & the Covid-19 Shutdown](https://static.wixstatic.com/media/d53af1_a62423ec13d34c7f8b99eeaff87561e2~mv2.jpg/v1/fill/w_1022,h_768,fp_0.50_0.50,q_90,enc_auto/d53af1_a62423ec13d34c7f8b99eeaff87561e2~mv2.jpg)
The NZ Building Economist
- Apr 4, 2020
Your Construction Contract [NZS3910] & the Covid-19 Shutdown
When it comes to Covid-19 the contract empowers the Engineer with the responsibility and power to suspend the contract works.
The NZ Building Economist
- Oct 8, 2019
When contractual interpretation isn’t what you want it to be
Only two authors seemed diligently focused on contractual interpretation as a whole topic to be completely understood.
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