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 ‘Recommended’ 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 numerous 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

Clarity on Liquidated Damages following Termination
The United Kingdom Supreme Court in Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 has clarified the operation of liquidated damages clauses in the event of termination.  The dec...
Unprecedented ! NZS3910, Risk Allocation and COVID-19
The first Level 4 lockdown of 25 March 2020, implemented in response to the COVID-19 pandemic, exposed various flaws in the risk allocation regime under standard construction contract NZS3910.   
06.09.2021 Posted in Construction
Subcontractor entitled to raise set-off claim against principal’s warranty claim
A recent High Court case examined the all too common situation where a contractor goes into liquidation, but there are unresolved matters on a construction project affecting both the principal and sub...
Enforceability of limitation clauses
Construction contracts and contracts for professional services typically include a range of provisions which seek to allocate risk between the parties, and limit potential liability to be attributed to one party.
NZS 3910 Court Judgment, With Implications
The High Court decision in Hellaby Resource Services Ltd v Body Corporate 197281 [2021] NZHC 554 is a rare NZS 3910 decision, with implications for the construction sector. 
09.07.2021 Posted in Construction
Construction Contractor Controversy: Guidance on the Status of Contractors
Workers in the construction industry are frequently engaged as independent contractors.
18.06.2021 Posted in Business Advice & Construction & Employment
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
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