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A Construction Project Under NZS 3910:2023 Has Four Phases. Missing a Step in Any One of Them Is Where Disputes Start.
The standard gives a project its structure. What actually determines whether that structure holds is whether each phase, from feasibility study to final handover, is managed to it properly.
What does NZS 3910:2023 actually require of a project manager?
It structures a construction project into four phases — pre-construction, contract formation, construction, and post-construction — each with its own defined obligations for the principal, the Contract Administrator, the Independent Certifier, and the contractor. Most disputes on an NZS 3910 project trace back to one of those phases being managed loosely rather than to the contract itself, which is why knowing exactly what’s owed at each stage matters more than knowing the standard exists.
Pre-construction: get the scope and the documentation right before you tender
A feasibility study that’s rushed, or design documentation that isn’t detailed enough to price accurately, creates ambiguity that resurfaces later as a variation dispute. Before tendering, the project should have a properly assessed feasibility position, design documents that genuinely align with the project’s objectives, and issues that can be identified in advance — access constraints, ground conditions, consenting dependencies — actually identified and planned for, rather than surfacing for the first time once the contractor is on site.
Contract formation: choose the pricing model deliberately, not by default
NZS 3910:2023 added a Target Price option alongside the traditional lump-sum and measure-and-value structures, which suits a project where scope is well defined but some cost-sharing flexibility is useful. The tendering process itself should stay transparent and genuinely competitive, and the contract documentation needs to clearly set out scope, timelines and payment terms before it’s signed, not clarified informally afterward.
Construction: this is where the Contract Administrator/Independent Certifier split matters most
Under the 2023 revision, the Contract Administrator represents the principal and issues day-to-day instructions, while a separate Independent Certifier is required to act fairly, impartially and independently when valuing work, assessing variations and granting extensions of time. On a live site, that distinction needs to be understood by everyone involved, not just assumed — confusing the two roles is a common, avoidable source of friction once a variation is disputed.
Beyond that, the practical work of this phase is what it’s always been: proper site setup and safety measures, labour and material allocation that avoids delays, progress tracked against the programme, quality control that’s actually enforced rather than assumed, and regular stakeholder meetings with a documented record of what was decided. NZS 3910:2023 also introduced a new environmental compliance clause requiring the contractor to take all reasonably practicable steps to avoid an unlawful discharge, a noise breach, or a consent breach during the works — a specific, enforceable obligation, not a general sustainability aspiration, and one that needs to sit inside the site management plan from day one.
Managing variations, claims, and disputes without letting them stall the programme
Every variation should be documented, evaluated and approved before it’s implemented, not actioned informally and paperworked later. Claims need to be handled promptly, with clear records, and resolved in line with the contract’s own provisions. Where a dispute does arise, NZS 3910:2023 puts a stronger emphasis on direct negotiation between the parties before escalating to mediation or arbitration — genuinely attempting that step first, rather than treating it as a formality on the way to a more adversarial process, is usually what keeps a dispute from derailing the programme.
Post-construction: closing out properly is what protects everyone afterward
Final inspections need to confirm the work actually meets the specified standard, not just that it looks complete. Defects that surface during the defects liability period have to be addressed as the contract specifies, and the handover package — as-built drawings, warranties, maintenance manuals — should be complete before final payment is processed, not chased up afterward once the contractor has moved on.
What holds it together
NZS 3910:2023 gives a construction project a clear structure for roles, documentation, payment and dispute resolution. What determines whether that structure actually protects the project is whether it’s followed properly at every phase: thorough planning before the contract is signed, the Contract Administrator and Independent Certifier roles kept genuinely distinct, variations and claims documented as they happen, and a close-out that’s treated as part of the project rather than an afterthought.
Common questions
What are the main phases of managing a construction project under NZS 3910:2023?
NZS 3910:2023 structures a project into four phases: pre-construction (feasibility and design), contract formation (tendering and documentation), construction (site management, progress monitoring, variations), and post-construction (final inspections, defects liability period, handover). Most disputes trace back to one of these phases being managed loosely rather than to the contract itself.
What’s the difference between the Contract Administrator and the Independent Certifier under NZS 3910:2023?
The 2023 revision split the old single Engineer role in two. The Contract Administrator represents the principal and issues day-to-day instructions. The Independent Certifier is required to act fairly, impartially and independently when valuing work, assessing variations, and granting extensions of time. Confusing the two roles is a common source of friction once a variation is disputed.
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