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

A high bar to set aside statutory demands to enforce adjudication determinations under the Construction Contracts Act 2002
The “pay now argue later” principle underpins the Construction Contracts Act 2002 (CCA).  The recent decision of C&R Property Development Ltd v MR Civil Ltd confirms the importance of this pr...
31.07.2020 Posted in Construction Law
Design life in the spotlight
Blackpool Borough Council v Volkerfitzpatrick [2020] EWHC 1523 (TCC) In 2009, Blackpool Borough Council (Principal), as principal, contracted with Volkerfitzpatrick Ltd (Contractor), as head contracto...
COVID-19: Weekly Construction Briefings
12 June 2020 New Zealand has moved into Alert Level 1 from 8 June 2020. While this means that life has largely returned to normal, as physical distancing and other restrictions have been removed, upd...
12.06.2020 Posted in Construction Law & COVID-19
Liquidated damages and penalty clauses: the last word on Honey Bees
The Supreme Court’s judgment in 127 Hobson Street Limited & Anor v Honey Bees Preschool Limited & Anor [2020] NZSC 53 confirms the test for determining when a clause in a contract designed t...
10.06.2020 Posted in Construction Law
Retentions Regime: Government Announces Changes
On 27 May 2020 the Government announced several in-principle changes to strengthen the retentions regime (Regime) in the Construction Contracts Act 2002 (the CCA). Despite the Regime’s introduction ...
04.06.2020 Posted in Construction Law
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
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
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