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 ‘Outstanding’ 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 numberous 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

Retentions Regime: On the Road to Repair
The retentions regime in the Construction Contracts Act 2002 is on the road to repair with the introduction of the Construction Contracts (Retention Money) Amendment Bill (Bill) on 1 June 2021.  The ...
16.06.2021 Posted in Construction
Contractors, Caveats, and Retention of Title clauses
The High Court in Development Construction Company Ltd v Mackenzie [2021] NZHC 546 has confirmed  that retention of title (RoT) clauses do not provide contractors with a caveatable interest. This dec...
Adjudication When In Administration
In Meltzer and Lamacraft v Amstar New Zealand Ltd the High Court highlighted the interplay between insolvency and construction adjudication issues.
15.04.2021 Posted in Construction
Construction Contracts Act Enforcement Costs
Cubo Projects Ltd v S&S Import Solutions Ltd
17.02.2021 Posted in Construction
My way or the highway: repudiation, cancellation and dispute resolution clauses
In Jade Residential Ltd v Paul, the Court of Appeal reviewed two issues which may arise in contractual disputes: The right to cancel a contract for “partial” repudiation; and Whether an aggrieved...
Making up the shortfall: Interim injunction requiring retentions in a separate trust account
In a recent High Court decision,[1] Hanlon Plumbing Limited (Hanlon) successfully obtained an interim injunction on a without notice basis requiring Downey Construction Limited (Downey) to pay retenti...
16.11.2020 Posted in Construction
Proposed Reforms to Building Act and Regulations
There are major changes to the Building Act on the horizon that will impact the entire construction sector including manufacturers, builders, building consent authorities, consultants and many others ...
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