Provisions that Trigger Variations and Extension of Time Entitlement under NZS3910
Date: 13 August 2025
NZS 3910, New Zealand’s standard form of construction contract, plays a pivotal role in managing risk and change throughout a construction project. A key mechanism within the contract is its broad treatment of Variations, which can entitle contractors to additional time and/or cost. This structured approach ensures that unexpected events are addressed transparently and fairly.
What Is a Variation?
Under NZS 3910, a Variation refers to any change in the scope, quality, or timing of the works that is not already covered by the original contract scope. Both the 2013 and 2023 version of the standard uses the phrase “shall be treated as a Variation” underscoring its importance in contract administration.
Common Events Treated as Variations
NZS 3910 outlines a broad range of events under specific provisions that may be treated as Variations. If any of these events cause delays or incur additional costs that were not reasonably foreseeable by the contractor, they may be claimed as a Variation. In such cases, the contractor is entitled to an extension of time under clause 10.3.1(a) and compensation for time-related costs under clause 9.3.11.
