Helen Macfarlane

Examples of work completed by Helen include:

• Acting for one of New Zealand’s largest multi-disciplinary construction consulting companies in high value claims involving multiple parties and complex design, engineering and construction issues.  Includes ongoing representation in connection with a major multi-defendant leaky building claim.  Helen also advises this client on an ongoing, as-needed basis on contractual clauses and on issues arising from consortium projects in New Zealand and Asia (including in Bangladesh and VietNam) as well as on contractual/payment claim disputes with clients and/or sub-consultants.
• Representing a major insurer providing drafting advice on a suite of construction contracts for use in the Christchurch rebuild.  Covers all aspects of drafting and risk analysis, including insurances required for construction projects.
• Providing advice to a consultant regarding contractual terms of retention by a consortium in connection with a tender for a major PPP infrastructure project.
• Providing advice to insurer on cover and potential claims in relation to Royal Commission of Inquiry into building failures caused by the Canterbury earthquakes; extensive work with engineers in connection with the same.
• Successfully defending a project manager in seminal High Court trial relating to leaky building claims in a multi-unit residential development. The claim against our client was dismissed, with costs awarded against the plaintiffs.
• Representing project managers in a High Court leaky building case.  Negotiated a settlement where our client paid nothing except its own costs.
• Representing major architectural/engineering firm in multi-party residential leaky building case.  Negotiated early dismissal from the case for a nominal payment.
• Representing project manager in leaky building case before WHRS.  Spear-headed negotiations on part of defendant group to achieve settlement where plaintiffs recovered less than half the amount originally claimed.
• Representing clients in a number of Construction Contracts Act cases.  Helen has experience representing both claimants and respondents.
• Advising insurers concerning claims of professional negligence/misconduct of Engineer to contract arising out of Construction Contracts Act claims relating to a roading project.
• Advising insurers and defending a firm of solicitors against allegations of equitable fraud and breaches of fiduciary duty resulting from representations dating back to 1989.
• Advising insurers and defending a firm of solicitors against allegations of breach of contract and negligence in relation to the transfer and development of a luxury property in Queenstown.
• Representing a major property investor/management company in a commercial rent review arbitration involving complex valuation and geotechnical evidence.
• Representing property management company in proceedings under the Declaratory Judgment Act arising out of an encumbrance dispute.
• Advising a major national retailer in connection with resolving a long-standing lease dispute following the Christchurch earthquakes.  Helen achieved a negotiated settlement several months after becoming involved.
• Representing a major consulting company in connection with a dispute with its landlord over termination of its lease.  Helen arranged for a fast-track mediation resulting in a commercial settlement approximately one month after she became involved.
• Advice to group of companies with New Zealand parent on New Zealand’s sanctions regime in connection with doing business in Iran.
• Advising and representing a European government pension fund in a dispute with property and casualty insurers in relation to a multi-hundred million dollar claim for damage to high rise commercial property.
• Advising and representing major multi-national engineering firm in connection with international arbitration arising from contract dispute relating to construction of hydro-electric power plant in the Middle East.
• Overseeing and conducting internal investigations in relation to the conduct of IFI funded infrastructure projects in the Asia / Pacific region and reporting to funders including the World Bank and JICA.
• Representing insurers in complex multi-unit claims arising out of the Canterbury earthquakes.
• Advising insurers in relation to policy response under professional indemnity, general liability and material damage polices.

• Getting the Deal Through – Construction 2019 (Accreditation: Reproduced with permission from Law Business Research Ltd. This article was first published in Lexology Getting the Deal Through – Construction 2019 (Published: July 2019). For further information please visit www.gettingthedealthrough.com