An Engineer to Contract (EtC) acts independently of either contracting party, to fairly and impartially make the decisions entrusted to them under the contract, to value the work, and to issue certificates.
While the most recent NZS 3910:2023 construction contract replaces the Engineer to Contract with two separate roles (Contract Administrator (CA) and Independent Certifier (IC)), many projects in New Zealand still use NZS 3910:2013 or other contract forms, where an Engineer to Contract is engaged.
Why appoint an Engineer to Contract?
Principals want their projects to be completed on time, within budget and to the specified quality standards, which involves bringing together and managing a variety of resources. To ensure that the construction phase is fairly administered, a form of contract suitable for the proposed works is chosen to establish the terms of engagement between the Principal and their chosen contractor.
NZS 3910:2013 is still commonly used for construction contracts across New Zealand. NZS 3917:2013 focuses on fixed term contracts, and NZS 3916:2013 on design and construction.
A Principal under NZS 3910:2013 will engage an Engineer to Contract to work with their legal team in drafting and administering the contract in a fair and impartial manner.
The role of the Engineer to Contract is an interesting one; under clause 6.2.1 of the NZS 3910:2013 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’.
Under the new form of contract - NZS 3910:2023 - these two roles are separated, but can still be performed by a single person, which is often more economically viable on smaller projects.
Why choose Prendos as your Engineer to Contract?
Prendos has assisted many Principals as Engineer to Contract on a wide variety of construction projects, from large-scale remediations to fit-out and refurbishment contracts.
Our experts have been practicing as Registered and Chartered Building Surveyors and Quantity Surveyors for many years. We have an in-depth understanding of how buildings should perform, and have completed many detailed forensic investigations of building failures.
Our pragmatic approach equips us with a toolbox of skills to act fairly and impartially when forming judgments on any contentious issues that might arise while administering the contract.
Our experience acting as expert witness in disputes also helps us navigate Clause 13. When a matter of dispute arises, the Engineer to Contract uses this clause as the first step in the dispute resolution process to reach an amicable outcome by making an Engineer’s Determination. Further alternative dispute resolution processes can be undertaken by the parties to the contract, should they still disagree with the Engineer to Contract's 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 project.
Our preference is to be involved when the contract documents are being compiled and during the tendering stage. We can assist with the negotiation of specified terms of a contract prior to contract signing. This approach ensures projects get off to the right start, simplifying the navigation of the contract to completion.
Ultimately, having an experienced Engineer to Contract on board will give you peace of mind that all aspects of your project are being professionally administered.
We can also assist in the roles of Contract Administrator (CA) and Independent Certifier (IC) under NZS 3910:2023.
