Expertise

Construction

Overview
Leading expertise for every angle of NZ construction law

We have one of New Zealand’s leading construction practices.  We offer truly specialist expertise on all aspects of building and engineering law, as well as the capability to handle the largest and most complex issues.  Our services cover the full lifecycle of a project, from procurement advice through to contract negotiation / drafting, strategic guidance, and dispute resolution. 

Our dedicated team brings international and domestic experience of all classes of commercial and infrastructure construction.  We are trusted by some of the industry’s largest businesses and have acted on many of New Zealand’s most significant building projects and proceedings. 

We have been recognised for construction by Asia Law (recommended firm), Legal 500 (recommended firm), Chambers & Partners (ranked firm) and Doyles Guide (leading construction and Infrastructure Firm).  Several in our team are also individually ranked as leading construction lawyers. 

Clients describe us as having “developed a prominent position in the [New Zealand] construction market” and “the team’s specialist construction skills combine with property law, insurance, transport and insolvency expertise to provide a comprehensive service”.  Others comment that “Hesketh Henry has a strong specialist construction team which is very client focused and has excellent industry knowledge”, and that “the team has real life experience of working in the sector, [with] impressive depth of sector knowledge”. 

We are committed to providing depth of knowledge, well-established industry connections, and high-quality services for the benefit of our construction clients.  

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

Examples of work completed by our team include:

  • Representing Tier 1 contractors and international consulting engineers in high value infrastructure disputes.
  • Preparing and negotiating construction contracts and consultancy agreements for various horizontal and vertical projects, covering transport, energy, wastewater, conference and leisure facilities, warehousing, process engineering, and office, retail, and apartment developments.
  • Advising on construction contract claims involving variations, extensions of time, prolongation, disruption, acceleration, and contract administration, together with dispute resolution strategy.
  • Representing head contractors on issues arising under multi-storey remediation projects.
  • Handling numerous adjudication proceedings on behalf of clients at all levels of the supply chain.
  • Prosecuting and defending liability claims arising from infrastructure, commercial, and high-end residential developments, including New Zealand’s largest construction claim to date.
  • Acting in multiple High Court proceedings involving Construction Contract Act 2002 issues.
  • Advising a foreign government and a Tier 1 contractor in relation cross-border issues arising from separate infrastructure projects in the Pacific.
Key Contacts
Media
Publications
Events

Insights & Opinion / Construction

UK Court of Appeal rules that that courts can order parties to engage in ADR: Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
The England and Wales Court of Appeal (EWCA) has held that in certain circumstances, the courts can order parties to engage in alternative dispute resolution (ADR) or stay proceedings to allow the par...
24.07.2024 Posted in Construction & Disputes
Knowing your limits: High Court confirms liability caps in engineering consultancy agreements are consistent with Building Act duties
Design errors in a construction project can result in millions of dollars in loss.  Standard form consultancy agreements typically limit the amount that can be recovered for such errors.  The cap on...
09.07.2024 Posted in Construction & Disputes
Concrete pillars impressive
TCC confirms Slip Rule limits in Adjudications
The Technology and Construction Court (TCC) has confirmed the narrow parameters of the ‘slip rule’ in the UK, which allows adjudicators to amend their determination to correct for any clerical or ...
02.07.2024 Posted in Construction & Disputes
Scots rule standard notification clause was condition precedent
In a warning for contractors, a Scottish Court has ruled that a standard form notification clause was a condition precedent to recovering time-related costs (TRCs) (FES Ltd v HFD Construction Group Lt...
01.07.2024 Posted in Construction
Watch this space – proposed update to key construction contract AS 4000-1997
Hot on the heels of the review of NZS3910, AS 4000-1997, a key Australian standard form construction contract for more than 27 years, is currently being reviewed.  This form, or variants of it, is so...
17.06.2024 Posted in Construction
What to expect from payment disputes under construction contracts in 2024: a return to orthodoxy
Following the departure from the fundamental principle of the Construction Contracts Act 2002 (CCA) “pay now argue later” in South Pacific Industrial Ltd v Demasol Ltd [2021] NZHC 3597, the Court ...
14.06.2024 Posted in Construction & Disputes
Complexities of contract termination – High Court calls halt on the Contractor’s process in Rau Paenga v CPB
The High Court in Rau Paenga Ltd v CPB Contractors Pty Ltd [2023] NZHC 2947 granted an interim injunction preventing the Contractor from suspending and terminating its contract for the construction of...
30.05.2024 Posted in Construction & Disputes
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