Quantum Meruit Project Management Ltd

01/03/2025

Entitlement to Time-related Costs when an EoT is not granted
Determining Entitlement to an extension, and being bound to grant an extension, are separate matters. A Variation with critical path delay effects can be valued inclusive of Time-related Cost, irrespective and independent of the granting or awarding of an extension of time.
https://www.nzbe.co.nz/post/entitlement-to-time-related-costs-when-an-eot-is-not-granted

07/02/2025

Advance Notice (Early Warning) Default by the Principal. The prevention principle prevents a party, in the absence of clear terms to the contrary, from taking advantage of its own wrong. Does anyone believe a Contractor would fail to submit a fully compliant Notice of Extension of Time, for a ‘Material’ Delay Cost matter, if they received a Direction labelled a Variation with Time implications, from the Principal?
https://www.nzbe.co.nz/post/advance-notice-early-warning-default-by-the-principal

Since 2013, NZS3910 has made 5.21 Advance Notice or 6.10 Early Warning, popular for judging whether a ‘material’ Variation or Extension of Time claim, validly noticed as a Variation or Extension of Time claim, was also noticed by the contractor “as soon as they become aware of it”. Inevitabl...

07/08/2022

The customer is ALWAYS telling their residential war stories to everyone, whether they won or lost. Read on to see what Dave is saying about his builder, and why it is important that YOU listen to Dave’s concerns.

“We have got you a consent based on the building we have priced. But your site has unsuitable material below the hard-fill line and there is an “extra” to be agreed before we will start.” Dave bought a section in a large established subdivision. A number of builders where offering design and...

10/04/2022

It is a choice to argue badly as a tactic. Stop wasting time, get to the entitlement point of calling a variation, a variation or not. Download our Excel list of NZS3910 Variation and Time clauses.

Qualifying circumstances must always be treated as a variation. It is a choice to argue badly as a tactic to distract, confuse, delay, frustrate, burn off, or bully our way to a commercially preferred, subjective solution. We need to recognise a fallacious argument, not only for what it is, but agre...

06/02/2022

How can paying someone less money, act as insurance against their insolvency? Surely the opposite is true?

The Rise of Industrialisation and Transportation The 19th century saw the age of trains rise to dominate commercial transportation. The most common form of land transport prior was foot, horse power, or its mechanical alternative, the bicycle developed in response to a lack of horses in 1815/16 due....

30/01/2022

Off Site Materials. Why pay short and risk property title transfer?

In these supply shortage, inflationary times, we order everything we can early, to secure the programme and the budget. But price and programme certainty come at a cost when materials are stored off site. Off Site Materials claims have become an increasingly important factor in the way we administer...

23/01/2022

Somewhere around the world a Quantity Surveyor is in the News. Good QS news or Bad, we will bring you regular links to their stories.
https://www.nzbe.co.nz/post/quantity-surveyor-in-the-news-january-2022

[1] Temuka's Courthouse Museum restoration project. In March 2020, the estimation to earthquake strengthen the 120-year-old building stood at $320,000. According to information provided by the society’s structural engineer and a ‘concept estimate report’ by their quantity surveyor in April 202...

18/12/2021

Where are my Materials shipped from? Where are they now?

It’s nearly Christmas 2021, but a year ago, on the west coast of the Iberian Peninsula, there is a factory manufacturing product for New Zealand buildings just in time for Christmas, that arrives very late, in the New Year. Why? Portugal has a population of 10.2 million and to date it has had 18,7...

11/12/2021

To hear the other party, no one should be condemned unheard

What is natural justice? The words “natural justice” have specific meaning in the law. Natural justice comprises two rules, the rule against bias and the rule of the right to a fair hearing. Because of the necessity of maintaining public confidence in the legal system — which includes not only...

05/12/2021

Hear Ye, Hear Ye, “Bad bosses, counting carbon, the Shard QS Retires”, Read all about it!

[1] Woman in Auckland awarded $25,000 after boss calls her 'f***ing hopeless'. [NZ] The Employment Relations Authority has ruled in favour of Flora Liu, who worked as a quantity surveyor at mechanical building services company Chillex Services Ltd in South Auckland, between January and June last yea...

28/11/2021

Here we explore [1] Valuing Variations, [2] Valuing Other Matters, and [3] the Principles of Valuation, to be applied to everything being valued under a NZS3910:2013 standard form contract.

Here we explore [1] Valuing Variation, [2] Valuing Other Matters, and [3] the Principles of Valuation, to be applied to everything being valued under a NZS3910:2013 standard form contract. [1] VALUING VARIATIONS NZS3910:2013 sets out to value variations before the work commences [9.3.1], with the co...

21/11/2021

Giving notice, Interpreting SA2017 and NZS3910 together, makes for interesting (extension of) times.

Three infill units, Auckland's North Shore 2021 There was a time when subcontractors were never allowed to be late. It was a time when, no subcontractor dared dream of submitting an EoT claim, in part because everyone on site kept a very close eye on numerous product supplier calendars, liberally pi...