Both standard form agreements have been verified and new iterations have been released and can be used. With better guidance to NZS3910 and 3916, this form provides a better platform for contractors to accept a transfer or innovation of consultants. Proactive Project Management (Cls 2.13 and 7): The fourth edition contains an “early warning system” in accordance with similar advance notification provisions introduced in NZS3910 and 3916 2013 publications, which reflect a sectoral trend towards early warning systems and real-time project management (see p.B FIDIC forms). In particular, the advisor must inform the client as soon as he or she is aware of a management or circumstance that may affect the delivery of services and if he or she believes that this direction or circumstance is leading to a change. Within another 15 business days, the advisor must provide details on the impact of time and costs, as well as recommendations on how to proceed (CL 2.13). It is important to remember that, despite these amended provisions, nothing in the agreement will reduce the respective obligations of the parties under HSWA. You can read the changes to the Health and Safety at Work Act 2015 here. For more information on consulting contracts or to discuss a change in construction law, please contact: the client will be granted 15 working days instead of 10 in the third edition to respond to the advisor if he believes a change is taking place (Cl 7.1). It is now mandatory for the customer to justify his decision, although the agreement remains silent on the implications of a client omission. One of the most commonly used standard advisory agreements in New Zealand, the contract terms for consulting services (commonly known as “CCCS” and formerly referred to as “IPENZ CCCS”), has recently been updated and is available for use.
Overall, the changes to the fourth edition seem to benefit the consultant more than the client. For more complex projects, we assume that contractors/developers will continue to seek to change the underlying risk profile to reflect their preferred legal and business positions. For example, some provisions within the CCCS continue to provide advisors with more favourable risk and liability positions than is usual, and we assume that such provisions will be subject to amendments and negotiations between the parties. Health and Safety (Cls 2.10 – 3.8): the parties` contractual obligations on health and safety have been aligned with the scope of HSWA`s obligations. For example, a new design definition has been added, which will apply to a consultant responsible for the design of plants, fabrics or structures. Under the HSWA, specific obligations are imposed on a designer to ensure that facilities, substances and structures are designed without risk to human health and safety.