An Engineer to contract (EtC) acts independently of either contracting party, to fairly and impartially make the decisions entrusted to him or her under the Contract, to value the work, and to issue certificates.
Why do you need an Engineer to contract?
Most clients (Principals) main goal is to ensure their projects and completed on time, within budget and to the specified quality standards. To achieve this goal, they are required to bring together a variety of resources and parties who specialise in the competencies demanded of the project at hand. Once designs are firmed up and to ensure that the construction phase is fairly administered a form of contract suitable for the proposed works is chosen to put in place the rules of engagement between Principal and the chosen contractor.
NZS 3910:2013 is commonly used for the majority of construction contracts across New Zealand. NZS 3917:2013 focuses on fixed term contract and NZS 3916:2013 on design and construction. As Principal under NZS 3910:2013, will engage a EtC to work with their legal team in drafting and administering the contract in a fair and impartial manner.
The role of the Engineer to the Contract is an interesting one; under clause 6.2.1 of the NZS3910:2013 Contract, the Engineer has a dual role:
a) To act ‘as expert advisor to and representative of the Principal, giving directions to the Contractor on behalf of the Principal’
b) To act ‘independently of either contracting party, to fairly and impartially make the decisions entrusted to him or her under the Contract, to value the work, and to issue certificates.
Prendos have assisted many Principals as EtC on a broad variety of construction projects from large remediation to fit out and refurbishment contracts.
Why choose Prendos as your engineer to contract?
Our EtC’s have been practicing as Registered and Chartered building surveyors for many years. Over this time, they have not only administered contracts as EtC’s they understand how buildings should perform and have completed many detailed forensic investigations of building failures. Our pragmatic approach to all construction matters equips our EtC with a toolbox of skills to act fairly and impartially when forming judgements on any potential contentious issues that might arise while administering the contract.
Their experience working as expert witness also helps them to navigate Clause 13. When a matter of dispute arises, the EtC uses this clause as the first step in the dispute resolution process to reach an amicable outcome by making an Engineers Determination.
Further alternative disputes resolution process can be taken by the parties to the contract, should they still disagree with the EtC determination.
Logical advice and peace of mind
Many of our clients rely on our experienced EtC’s to work with their legal and design teams during the design stage of a project. Our EtC’s work with Lawyers in the drafting of the contract terms, so they are best suited to the job at hand.
Our preference is to be involved when the contract documents are being collated and during the tendering stage. We can assist your legal team with the negotiation of specified terms of a contract prior to the contract signing stage.
This approach ensures projects get off to the right start, simplifying the navigation of the contract to completion.
Ultimately having an experienced EtC on board will give you the Principal peace of mind that all aspects of your project are being professional administered.
