Read the clauses on the role of the person who administers the contract under the two editions of the NZS 3910 contracts below. Then critically but briefly analyse the two clauses.

Extract of clause 6.2 from theNew Zealand Standard Conditions of Contract for Building and Civil Engineering Construction. NZS 3910:2013.

6.2 Role of Engineer

6.2.1 The dual role of the Engineer in the administration of the Contract is:

(a) As expert adviser to and representative of the Principal, giving directions to the Contractor on behalf of the Principal, and acting as agent of the Principal in receiving payment claims and providing Payment Schedules on behalf of the Principal; and

(b) Independently of either contracting party, to fairly and impartially make the decisions entrusted to him or her under the Contract, to value the work, and to issue certificates.

Extract of clauses 6.1 and 6.2 from theNew Zealand Standard Conditions of Contract for Building and Civil Engineering Construction. Draft NZS 3910:2023.

6.1 Appointment of Contract Administrator and Independent Certifier

6.1.1 The Principal shall ensure that at all times there is a suitably experienced Contract Administrator and Independent Certifier and that they fulfil all aspects of the relevant role and functions reasonably and in good faith.

6.1.2 The names of the Contract Administrator and Independent Certifier shall be set out in the Specific Conditions. The Contract Administrator and Independent Certifier may be the same person.

6.2 Role of Contract Administrator and Independent Certifier

6.2.1 The Contract Administratoracts for and on behalf of the Principal in giving Instructions to the Contractor and in performing the functions of the Contract Administrator as required by the Contract.

6.2.2 The Independent Certifier acts fairly, impartially, and independently of either contracting party in making Decisions on all matters between the parties that are entrusted to the Independent Certifier, including:

(a) Valuing the work;

(b) Certifying the scheduled amount in any Payment Schedule;

(c) Deciding the Contractor's entitlement to and valuing Variations;

(d) Considering and granting claims for extensions of time;

(e) Issuing completion certificates; and

(f) Deciding any other rights and obligations of the parties.

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