Why Provisional Sums Keep Causing Disputes
A practical guidance document on managing time and cost risk for Provisional Sums under NZS 3910:2013 and NZS 3910:2023.
What You'll Learn in This Guide
A practical breakdown of where Provisional Sums create risk, and the exact language to use to avoid it.
Define Scope at Tender
The exact wording Principals and Contractors should use to define Provisional Sum scope at tender stage
Understand Foreseeability
What the foreseeability test under Clause 9.7.4 actually means for your entitlement
Avoid the Variation Trap
The administrative trap that catches contractors when uninstructed Provisional Sum work is removed from the Contract Price
Written by Stuart Bailey, Director of Seven Rivers
Stuart has spent his career helping Principals and Contractors navigate NZS 3910 with clarity and confidence. He's the facilitator for Seven Rivers' NZS 3910 training courses, delivered across Auckland, Wellington, Christchurch, Tauranga, Gisborne, and online.
Want to Go Deeper?
This guide covers the fundamentals, but Provisional Sums are just one part of NZS 3910. Stuart runs full-day and online courses across New Zealand covering the entire contract, from foundations to the 2023 updates.
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Disclaimer: This guidance note is intended as general industry guidance only and does not constitute legal advice. Parties should consider the specific drafting, pricing structure and risk allocation adopted within their particular contract when administering Provisional Sums under NZS 3910.