The existing multi-tiered disputes resolution procedures do not promote early and sensible resolution of disagreement, and the termination procedures are out of step with commercial reality.
Musings of a busy mind
The treatment of effectively all claim events as variations, and valuing such events at cost, overhead and profit, may be easy to apply, but it is expensive and un-even in its application.
NZS3910 does not contain a procedure for risk registers. It should.
It is time to acknowledge that the Engineer cannot be "fair and impartial".
Time for a significant rethink of NZS3910
Debts created under the Construction Contracts Act must be paid, without regard for counterclaims or set-off. Where statutory demands or bankruptcy notices are used to enforce payment of such debts, are they "final judgments" for the purposes of the Insolvency Act?