It is important to remember that, despite these amended provisions, nothing in the agreement will reduce the respective obligations of the parties under HSWA. You can read the changes to the Health and Safety at Work Act 2015 here. Proactive Project Management (Cls 2.13 and 7): The fourth edition contains an “early warning system” in accordance with similar advance notification provisions introduced in NZS3910 and 3916 2013 publications, which reflect a sectoral trend towards early warning systems and real-time project management (see p.B FIDIC forms). In particular, the advisor must inform the client as soon as he or she is aware of a management or circumstance that may affect the delivery of services and if he or she believes that this direction or circumstance is leading to a change. Within another 15 business days, the advisor must provide details on the impact of time and costs, as well as recommendations on how to proceed (CL 2.13). One of the most commonly used standard advisory agreements in New Zealand, the contract terms for consulting services (commonly known as “CCCS” and formerly referred to as “IPENZ CCCS”), has recently been updated and is available for use. With better guidance to NZS3910 and 3916, this form provides a better platform for contractors to accept a transfer or innovation of consultants. Both standard form agreements have been verified and new iterations have been released and can be used. The client will be given 15 working days instead of 10 working days in the third edition to respond to the advisor if he feels there has been a deviation (CL 7.1). It is now mandatory for the customer to justify his decision, although the agreement remains silent on the implications of a client omission.
For more information on consulting contracts or to discuss aspects of construction law, Please contact: The main changes relate to the addition of an “early warning” requirement (in accordance with a trend in the construction industry to these types of early notification clauses), updating suspension fees, regulating a quasi-payment procedure under which the 2002 Construction Contracts Act does not apply, and updating health and safety provisions. Nick Gillies – email@example.com or `64 9 375 8767 Helen Macfarlane – firstname.lastname@example.org or `64 9 375 8711  The conditions of the short form of engagement (SFA) have also been updated and similar changes are reflected (we have not explicitly commented on the SFA). Health and Safety (Cls 2.10 – 3.8): the parties` contractual obligations on health and safety have been aligned with the scope of HSWA`s obligations. For example, a new design definition has been added, which will apply to a consultant responsible for the design of plants, fabrics or structures. Under the HSWA, specific obligations are imposed on a designer to ensure that facilities, substances and structures are designed without risk to human health and safety. Intellectual Property (CL 9): Intellectual Property (IP) provisions have been made more favourable to the consultant. For example, while the new investigation period is still jointly held by the parties (CL 9.1), the fourth edition now subordinates the client`s rights to the new investigation period (or an existing ip licence) to the payment of services for which the investigation period was manufactured (CL 9.3). The third edition of CCCS did not highlight the consequences of the councillor`s failure to warn of a possible change. In the fourth edition, which coincides with NZS3910 and 3916, the effects of the advisor`s failure to notify him must be explicitly taken into account when assessing the resulting discrepancies (CL 7.1).
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