Expertise

Construction

Overview
Leading expertise for every angle of NZ construction law

Construction law is a relatively new field of specialist legal practice for New Zealand. Few local law firms can honestly call themselves construction law experts; Hesketh Henry is one that can. We are recommended internationally by the Asia-Pacific Legal 500 directory for ‘Real Estate and Construction’ and by AsiaLaw as ‘Recommended’ in construction law.

Our construction law team encompasses all levels of experience, from senior partners to junior lawyers. This means we can keep client costs down by allocating the most appropriate level of seniority to each task.

At partner level, our team members have international experience gained in the USA, UK and Ireland. Knowledge sharing is important to us and we regularly conduct in-house construction law training to ensure consistent high-quality representation for our clients.

We act for building and engineering consultants, contractors, specialist subcontractors, developers, and their insurers. Our clients include international and multinational companies, as well as local businesses.

Need advice on Construction?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

  • Advising a civil contractor on payment and programming issues, including rights under the Construction Contracts Act 2002;
  • Acting for principals, consultants, contractors and sub contractors in numerous adjudications, arbitrations and High Court proceedings involving variations and disputed final accounts;
  • Acting for contractors, consultants, manufacturers and suppliers in claims involving weather tightness issues, building subsidence, product liability claims and engineering defects;
  • Construction contract reviews and negotiations for the design and build of industrial plant, and commercial and apartment refurbishment and new build projects;
  • Prosecuting and defending negligence claims (and related professional indemnity cover issues) across a range of professional disciplines, including architects, quantity surveyors and other advisers in the construction sector; and
  • Advising on scope and cover of international construction company policy in relation to claims arising from New Zealand’s largest retail development.
Key Contacts
Recommendations
Partner Nick Gillies ranked in Band 3 in The Chambers Asia Pacific 2021 legal directory.
Construction team ranked Tier 2 in the latest Legal500 Asia Pacific Directory 2021.
Nick is recommended by Legal500 as 'Leading Individual' in Construction.
Recommended by The Doyle's Guide Directory
Recognised in The Asialaw Profiles Directory 2021.
Publications
Events

Insights & Opinion / Construction

Commerce Commission study announced for building supplies market
The Commerce Commission is set to undertake a market study into residential building supplies for major components of residential buildings 
24.11.2021 Posted in Business Advice & Construction & Regulatory
Retention funds:  where is the trust?
The importance of subcontractors scrutinising how retention funds are held, and how they are dealt with by insolvency practitioners, was highlighted in the recent High Court decision in McVeigh v Decm...
Health and Safety Reform: Increased Regulation of Plant and Structures on the Horizon
The Government has announced that it intends to release draft plant and structures regulations in early 2022, with new regulations expected to be in place later next year.
28.10.2021 Posted in Construction & Health & Safety
Climate Change and the Construction Industry: Shaping the Emissions Reduction Plan
New Zealand’s first emissions reduction plan (ERP) is due to be published in May 2022.
28.10.2021 Posted in Climate Change & Construction
Class Actions Update
Class actions and litigation funding continue to grow in prominence in New Zealand, despite the lack of a regulatory framework for the same.
27.10.2021 Posted in Construction & Disputes
The Impact of Unclear Communication
The recent decision of the New South Wales Court of Appeal in Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No. 2) [2021] NSWCA 9 is an example of an unclear direction resulting in a principal being unable to rely on a notification time bar in a construction contract.
11.10.2021 Posted in Construction
Exclusion of liability for deliberate breaches of contract 
In Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) the English High Court considered a summary judgment application on the applicability of a limitation of liability clause to an alle...
01.10.2021 Posted in Construction & Disputes
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