About This Episode
Daniel Ross, a builder turned project management consultant with 25 years in the construction industry, joins Andy to discuss the gap between building practice and construction law. Dan started building at 15, moved into luxury residential ($5-25M) in Auckland and Queenstown, and co-founded Novacon Consulting (2017) with his wife to provide neutral, third-party residential consulting from design through construction monitoring. Now studying construction law at Massey and accepted into an LLB at Auckland University, his passion for law was born from not understanding contracts as a working builder. The conversation delivers a strong critique of NZS 3910 program clauses and champions NEC3 contracts as a more practical, user-friendly alternative.
Key Topics Discussed
- Builder-to-PM transition. Dan's 25 years of hands-on building gives him a practical advantage over "paper pushers" who cannot think about methodology or sequencing
- Novacon Consulting. Co-founded in 2017 with his wife; provides neutral third-party residential consulting spanning design through construction monitoring
- Construction law gap. Dan's passion for law came from not understanding contracts as a builder; now studying at Massey and accepted into LLB at Auckland University
- NZS 3910 program clauses. Only clauses 5.10 and 10.3 address programming; so basic that submitting an Excel file counts as a compliant program
- NEC3 contracts. Advocated as more user-friendly than NZS 3910; features a good early warning notice system that encourages collaboration over confrontation
- ETCs and project planners. Engineer to Contracts should pair with project planners for program assessment, but Dan has never seen it happen in NZ
- PM companies critique. Andy's view that PM companies are "paper pushers" adding no genuine value vs Dan's argument that value comes from lived building experience
- Shane Brealey / Simplicity. Referenced as an example of not using PM companies; client-side representation needed more in residential space
- Emotion in disputes. "Cut the emotion out of business", disputes should be factual, not emotional
- Residential vs commercial rigor. Residential sector needs the same contractual and programming rigor as commercial construction
Notable Quotes
"Cut the emotion out of business.", Dan Ross on how construction disputes should be factual, not personal.
PM companies are literally "paper pushers" adding no genuine value., Andy's provocation, countered by Dan's argument that value comes from lived experience.
You can submit an Excel file as a program under NZS 3910, that's how basic the requirements are.
Guest Background
Daniel Ross started building at 15 and spent 25 years in the construction industry, working on luxury residential projects valued at $5-25M across Auckland and Queenstown. He co-founded Novacon Consulting in 2017 with his wife to offer neutral, third-party consulting for residential clients from design through construction monitoring. He is currently studying construction law at Massey University and has been accepted into the LLB program at Auckland University.
