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
Publications
Events

Insights & Opinion / Construction

Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Construction Framework Wide BW
Major milestone passed – NZS3910:2023 expected in time to fill Christmas stockings
As the most widely adopted standard form construction contract in NZ, NZS 3910 was more than ready for updated conditions given the changes in the industry since its last review in 2013.  After almos...
09.10.2023 Posted in Construction
Contractor’s Dilemma: Recovering debts from a Principal in liquidation
A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...
How to load a magic bullet: Legal considerations to facilitate BIM (Building Information Modelling)
Building Information Modelling, or “BIM”, is potentially transformational for the New Zealand building and construction sector.  It has been credited with the potential to spark a “step-change...
15.09.2023 Posted in Construction & Disputes
Construction Framework Wide BW
Disruption claims: Are your project records up to date?
Disruption can be hard to pinpoint.  It is one of those features that you know when you see it and most parties have likely felt it on a construction project.  However, being able to make a claim fo...
14.09.2023 Posted in Construction & Disputes
“David v Goliath”: The case for the formal regulation of third-party litigation funding in Aotearoa New Zealand
Litigation is expensive.  The high cost and inherent uncertainty associated with civil litigation creates a daunting financial barrier for those seeking justice for even meritorious claims. This has ...
31.08.2023 Posted in Construction & Disputes
Collaborative Contracting – Does the theory align with construction reality?
The New Zealand construction industry is rapidly changing, projects are becoming more complex and risks are rising.  As a result, stakeholders need to react and adjust to those changes, this can be a...
31.08.2023 Posted in Construction & Disputes
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