Engineer to Contract
The use of a recognised construction contract should be considered wherever construction work is being procured. The procurement of construction work is a complex task, and choosing the correct contract is vital to ensuring risk is managed effectively for both the principal (client) and the contractor. Contract selection begins with identifying the correct form of procurement: broadly where the liability for design sits (either with the principal, contractor, or a hybrid of both). This will then inform the suite of contracts to be used, and finally the actual form of contract.
In New Zealand, the NZS3910 is the most commonly used form, although there is a broad range of other standard forms, or bespoke contracts which can be used. The term given to the person(s) responsible for the contract often changes – contract administrator, employer’s agent, engineer to contract – and with it the specific duties, obligations and powers that that role has within the contract.
Where a construction contract is being used, it should be administered by professionals who understand how the contract is written, how it should be used and the correct mechanisms for operating it.
How can Pinnacle help?
We have extensive experience acting as Engineer to Contract and administering construction contracts. We understand the importance of following the letter of the contract – ensuring that variations, valuations and disputes are all handled in accordance with the contract, in order to minimise the risk of cost escalation and delays.
As building surveyors we bring a technical understanding of the construction work, enabling us to judge works progress, assess payment claims, advise on change and variations, manage a project programme and produce and certify certificates.