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
Construction team ranked in the latest Legal500 Asia Pacific Directory 2020.
Recognised in The Asialaw Profile Directory 2020.
Recommended by The Doyle's Guide Directory
Publications
Events

Insights & Opinion / Construction

Adjudicators’ Powers: The ability to award statutory damages and to consider matters already determined
Adjudication under the Construction Contracts Act 2002 (CCA) is a commonly used procedure to determine disputes between parties to a construction contract.  The recent decision of the High Court in H...
02.06.2020 Posted in Construction Law
COVID-19: Weekly Construction Briefings
27 May 2020 New Zealand has moved toward a semblance of normality in the last week as we have settled into Alert Level 2. Under all Alert Levels, businesses must put appropriate health and safety cont...
27.05.2020 Posted in Construction Law & COVID-19
Payment schedule dispute causes delay to Commercial Bay completion
The recent judgment in Fletcher Construction Company Ltd v Spotless Facility Services (NZ) Ltd [2020] NZHC 780 and 871 demonstrates the Court’s pragmatic approach to injunctive relief against a subc...
20.05.2020 Posted in Construction Law
When sparks fly: Electrix v Fletcher Construction
The High Court[1] has ordered The Fletcher Construction Company Ltd (Fletcher) to pay one of its subcontractors Electrix Ltd (Electrix) $7.5m for electrical work carried out on the recently completed ...
09.05.2020 Posted in Construction Law
Contract uncertainty leaves room to resist statutory demand: Mega Projects v Orewa Developments
Last week, the Court of Appeal issued its decision in Mega Project Holding Ltd v Orewa Developments Ltd [2020] NZCA 111
Administration of Retentions Trust: Oorshot v Corbel Construction
In 2018 the decision of Bennet & Ors v Ebert Construction Limited (in rec and liq) [2018] NZHC 2934 (Ebert) established an important precedent for the administration of retentions under constructi...
COVID-19: Impacts on Construction Contracts
New Zealand entered Covid-19 Alert Level 4 at 11.59pm on Wednesday 25 March.  Anyone not working in essential services is required to stay at home.  This restriction does not apply to building or co...
08.04.2020 Posted in Construction Law & COVID-19
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