Research Objectives

Objective 3: Legal and Contractual Frameworks for Reconstruction

Goal: To establish a comprehensive procurement framework and programme management plan for reconstruction in the event of a national natural disaster. It is unlikely that current normal procurement mechanisms used in the construction industry will deliver the best economic outcome in the event of a national disaster. It is likely that without a comprehensive reconstruction procurement framework, rapid reconstruction will be significantly hampered.

This objective will explore the following issues:

Analysis of subcontracting arrangements –how will they be affected after a major disaster? Interconnectedness between organisations where they use common contractors, and the impact this may have on recovery.
Analysis of NZ legal frameworks for construction – specifically the RMA and Building Act. The relevance of these Acts to post-disaster reconstruction, whether they would help or hinder and whether the current Acts can be used to develop a legal framework for reconstruction.
Analysis of contractual aspects of construction projects - common construction contracts used in NZ and their relevance and usefulness after a natural disaster? Analysis of international contracts – recent developments in forms of construction contract (specifically FIDIC, World Bank and the New Engineering Contract) and how these standard contracts can be/have been modified to suit New Zealand conditions.
Analysis of major international disasters and contracts for rebuild. How contracts to rebuild after a disaster have been set up, the procurement mechanisms that have been used and the applicability of this international experience in New Zealand?

Lead researchers and their specialist areas

Suzanne Wilkinson: Objective Leader
Construction Law, construction management, human resource management.
Jason Le Masurier: Rethinking construction; construction management; culture change in the construction industry.
Regan Potangaroa: architectural engineering and disaster management

Target Research Outputs

Suggested Clauses for Contracts

Our objective is to provide tangible outputs that provide immediate solutions for the construction industry, for example through draft standard clauses relevant to response and recovery activities that can be added to conventional procurement contracts.

Best Practice Construction Procurement Strategies for Response and Recovery Activities

The identification of best practice principles and examples is the major thrust of the research programme over the first 3 years.

Strategic Review and Recommendations where appropriate for Industry Wide Action

Where significant industry wide issues are identified, the researchers will prepare discussion documents and facilitate workshops with industry players to promote discussion and change. In particular, linkages will be sought with CAE and MCDEM change initiatives