The Contract Administrator & Independent Certifier Under NZS 3910:2023

One of the most significant structural changes in NZS 3910:2023 is the removal of the Engineer to the Contract role and its replacement with two distinct positions: the Contract Administrator and the Independent Certifier. It is intended for these roles to be performed by two different people, though on smaller contracts where it is not economical to appoint two individuals, the same person may fulfil both - provided they make clear which role they are acting in at any given time.

Under NZS 3910:2013, the Engineer to the Contract was a nominated individual required to administer the contract as an agent for the Principal while also acting with independence and impartiality to make decisions. That dual function - acting for the Principal while also acting independently - created inherent tension that the 2023 standard addresses by separating the responsibilities entirely.

The Contract Administrator is a new role appointed by the Principal and named in the Specific Conditions. They act for and on behalf of the Principal in giving instructions to the Contractor and performing the day-to-day administration of the contract.

The Independent Certifier - also sometimes referred to as the Independent Verifier - is also appointed by the Principal and named in the Specific Conditions, but acts fairly, impartially, and independently of both contracting parties.

The separation provides greater clarity and reduces the conflict of interest that existed when a single person was asked to both advocate for the Principal and make independent decisions. For contractors, it means knowing precisely who to approach for administrative matters versus impartial determinations - and understanding that distinction is important for how claims and communications are structured.