ACE welcomes change to proportionate liability
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ACE New Zealand welcomes the Government’s recent announcement to introduce proportionate liability in the building sector.
What’s new with standards NZS 3916 and NZS 3917?
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Two years after the release of NZS 3910:2023, the updated standard form construction contracts NZS 3916:2025 (Design and Construct) and NZS 3917:2025 (Fixed Term) have now been published. We take a look at the key changes. In today’s complex and highly competitive landscape, it’s essential to have contracts that are both thorough and easy to […]
Supreme Court decision on contributory claims – what it means for you
A recent Supreme Court ruling is set to have a significant impact on the construction industry. Hannah Bryce, ACE’s General Manager of Engagement and an experienced lawyer, explains.
Professional indemnity insurance – top five contract issues requiring caution
A well-written contract signed and agreed by the parties involved can be your first (and last) line of defence in mitigating disputes.
Aon Liability Manager – Professional Risks Kristene Crook says Aon has seen liability claims fall away or settle for well below the disputed amount based on the strength of the contract. She says industry standard is best (ACENZ, NZS3910, NZIA, etc) when writing a contract because it is widely accepted as insurable by the insurance market. Caution is required if a client insists on special conditions or bespoke contract terms.
We asked Kristene to tell us the top five contract issues that companies should be wary of when looking at professional indemnity insurance.
Tauranga City Council vs Harrison Grierson and Constructure
This week the High Court of New Zealand publicly released Justice Tahana’s decision on the ongoing High Court case between Tauranga City Council (TCC) and Harrison Grierson Holdings Limited first defendant (responsible for the structural design) and Constructure Auckland Limited as the second defendant (engaged to review the structural design) where TCC claimed a loss of more than $20 million due to a partially built transport hub in Tauranga. The case involves liability issues and breach of duty under the Building Act 2004 (Building Act), as well as claims of breach of the Fair Trading Act 1986 (Fair Trading Act) and negligent misstatement.
Urgent need to unlock Three Waters funding and certainty
Two thirds of respondents in a Three Waters survey have had contracts either paused, deferred or cancelled in the past six months.
The survey, conducted by Water New Zealand and ACE New Zealand, across the membership of the two organisations, represents almost 100 contractors, consultancies, suppliers and councils.
Using ChatGPT to speed up contract analysis – with Matt Bishop
Matt Bishop’s latest foray into the technology world aligns with his commitment to adapt and lead in a continually evolving construction sector where he constantly seeks to make construction smarter and more efficient.
How the NZS3910 review could lead to productivity gains – with Gavin Shaw
A standard form contract is supposed to be just that – an easy to understand agreement that allows principals and construction contractors to quickly establish general conditions to assign and budget for risk across a wide range of building and engineering projects.
Contract risks in consulting and engineering – with Hannah Bryce
A current critical challenge for the consulting and engineering sector is risk allocation. Clients see many of our industry-standard contracts as outdated and modify them because of increasing insurance costs, more significant exposures, and a shift in risk allocation. APAC General Counsel for GHD, Hannah Bryce, educates staff on identifying contracts that have an inappropriate risk/reward balance and equips them to push back and have conversations with their clients when what they’re asking for is difficult to accept in terms of risk.
Professional Indemnity Insurance – Market Challenges
We’ve worked with CEAS to develop a report on the professional indemnity (PI) insurance market, the challenges ahead and the things we must urgently address to ensure that PI insurance remains available at an affordable premium.