FAQs

What is NZS 3910?

NZS 3910:2013 Conditions of contract for building and civil engineering construction is currently used as the foundation for the majority of New Zealand contracts in the building, engineering, construction and infrastructure industry sectors. It provides a standard form of general conditions of contract for incorporation into building and civil engineering construction contract documents, ensuring they're suited to New Zealand’s industry and legislative environment. It enables principals, Engineers to Contract (EtC), and contractors to quickly establish contractual arrangements that deliver a wide variety of building and civil engineering projects.

NZS 3910:2013 was substantially revised during 2022 and 2023, with the publication of NZS 3910:2023 in December 2023. It is anticipated that some projects will continue to use 3910:2013 over the next few years, as the industry gradually moves to embracing 3910:2023.

In NZS 3910:2023, an EtC is referred to as an Independent Certifier (IC).

Find out more about the new contract.

What is involved with engaging an EtC?

An EtC – who must be an individual person - is employed by a principal to act as an independent certifier, moderating the interests of the contractor and the principal in building and construction contracts. They also adjudicate where necessary. The engagement of a Panel member as an EtC is a private contractual matter between the principal and the EtC. This includes negotiating and deciding upon remuneration.

It is useful to begin discussions with an EtC as early in the contract works procurement process as feasible. This allows the EtC to be closely involved in developing contract documentation.

How do I find an EtC?

In 2022 Engineering New Zealand established a Panel of recognised EtCs who meet set criteria. Choosing an EtC from our Panel of recognised EtCs helped give you assurance that the EtC would be professional and ethical in their work. The Panel of EtCs was assessed by the Steering Group as having the professional skills, experience, and mana to be highly effective in the role.

The Panel members from the pilot have been joined by other EtCs who have gone through a similar, but strengthened peer review process of application, interview and reference checking. They are expected to apply the Construction Sector Accord’s (CSA) Guiding Principles, and have signed up to a Code of Ethics and Code of Conduct.

Please consult the SCCP Panel directory to find someone whose experience best suits the scale and type of project you're undertaking.

(Please let the EtC know that you found them through their membership of this Panel.)

Can I trust the EtCs on your Panel have the right skills for the job?

The Panel provides an independent and public list of EtCs who were appointed through a cross-stakeholder evaluation process, which assessed them as having the professional skills, experience, and mana to be highly effective in the role. Appointment as a Panel member is a mark of the industry’s trust and confidence that these people can practice to a high standard. Panel members are role models and set a clear standard for the role that EtCs, principals and contractors can use to benchmark EtC services – including ideal skills, experience and behaviours needed to succeed in the role, good practice and accountability.

Do I have to use the Panel to find an EtC?

No. While appointment as a Panel member is a mark of the industry’s trust and confidence that these people can practice to a high standard, use of Panel members is not compulsory, nor is the Panel the only source of EtCs.

What do I do if I'm not satisfied with the services of the EtC?

There should be mechanisms for dispute resolution in the contract with your EtC about dispute resolution. This is a private matter between the parties.

However, Panel members are expected to be role models. The Steering Group developed a Code of Ethics applying to the professional attitude and behaviours of a person who was appointed to the Panel. This was developed into the SCCP Code of Ethics (for all members) and Code of Conduct (additional for Panel members). All Panel members have acknowledged and committed to complying with these codes.

If you have any issues or concerns about a Panel member and their continued eligibility to be a recognised Panel member, email the SCCP.

How do I apply to be part of the SCCP Panel?

You can find more information here.

Any other questions?

Email the Panel’s Executive Officer.