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

Team Hands in small
Cartel conduct: Do not pass “GO”, go directly to jail
Until 8 April 2021, cartel conduct was punishable only by civil penalty in New Zealand.  In R v Kumar [2024] NZHC 3955 the High Court imposed the first criminal convictions and sentences for cartel c...
06.03.2025 Posted in Construction & Disputes
Construction Framework Wide BW
Public consultation on NZS 3916:2025 and NZS 3917:2025
Public consultation on the draft DZ 3916 Conditions of contract for building and civil engineering – Design and construct and DZ 3917 Conditions of contract for building and civil engineering – F...
13.02.2025 Posted in Construction
Construction Framework Wide BW
Construction insurance cover: Sky UK Ltd v Riverstone Managing Agency Ltd
Parties to a building contract usually take out insurance to protect the contract works from damage from unintended events such as vandalism or a flood.  The policy is intended to cover the cost of r...
23.01.2025 Posted in Construction & Insurance
Court of Appeal clarifies purchasers’ and contractors’ creditor liquidation status when suppliers of prefabricated products go insolvent
Prior to the Court of Appeal’s decision in Francis v Gross [2024] NZCA 528 on 17 October 2024 (Podular (COA)), there was a period of uncertainty for building contractors as to their status in respec...
James Hardie New Zealand Ltd v Zurich Australian Insurance Ltd: Rebuffing a stay of proceedings
In James Hardie New Zealand Ltd v Zurich Australian Insurance Ltd [2024] NZHC 3126, the High Court refused to grant a stay of proceedings under ss 22 and 25 of the Trans-Tasman Proceedings Act 2010 (A...
12.12.2024 Posted in Construction & Insurance
Duty of care owed by manufacturers of cladding products: Cridge v Studorp Ltd [2024] NZCA 483
The Court of Appeal’s recent decision in Cridge v Studorp Ltd [2024] NZCA 483 confirms that a manufacturer of cladding products owes a non-delegable duty of care to building owners (commercial and...
20.11.2024 Posted in Construction
iStock  Construction dpi
“More than an opinion”: criminal liability arising from PS4 producer statements under the Building Act 2004
In Solicitor-General’s Reference (No 1 of 2022) from CRI-2021-463-55 ([2022] NZHC 556) [2024] NZCA 514 the Court of Appeal was asked to consider the following question: Was the Court correct to find...
15.10.2024 Posted in Construction & Disputes
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