Construction

Construction Disputes

Overview
Specialised construction dispute lawyers ready to act in your best interests

Disputes are an inherent feature of the New Zealand construction landscape; something everyone wants to avoid or resolve efficiently. Engaging Hesketh Henry for construction contract advice at the outset of your plans means we can apply our many years of specialised construction law experience to help you avoid legal action. If it’s too late for that, and disputes have arisen, our construction litigators can guide you to the best resolution.

Our lawyers have been involved with some of the most complex and high-value building and engineering claims in New Zealand, and have deep experience of the issues that cause disputes in the industry. As a result, we’re a force to be reckoned with in the construction disputes arena.

In addition to litigation, we represent construction clients in all forms of alternative dispute resolution (ADR), including arbitration, Construction Contracts Act adjudication, early neutral evaluation, expert determination, and mediation. We’re adept at resolving liability claims against contractors and consultants, leaky building issues, and ‘pure’ construction disputes involving time and money claims.

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

Examples of work completed by our team include:

  • Defending a subcontractor in relation to services it had rendered during construction of a high rise residential apartment building. The matter involved 100+ named plaintiffs, ten opposing parties, and not only a variety of design and construction issues, but also complex legal issues relating to third party claims, cross-claims and limitation periods;
  • Representing a mechanical & electrical contractor in a $3m claim involving delay, disruption, variations, contra charges and non-payment; and
  • Carter Holt Harvey Ltd v Genesis Power Ltd and Rolls-Royce New Zealand Ltd  including [2005] 1 NZLR 324 (CA), [2006] 3 NZLR 794 (HC) and various unreported judgments.  Defence of a multi-million dollar claim for alleged defects in a cogeneration plant at Kinleith Mill.  This is the largest construction claim in New Zealand to date.
Key Contacts
Recommendations
Construction team ranked in the latest Legal500 Asia Pacfic Directory 2020.
Recognised in The Asialaw Profile Directory 2020.
Recommended by The Doyle's Guide Directory
Publications
Events

Insights & Opinion / Construction Disputes

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
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
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
When sparks fly: Electrix v Fletcher Construction
The High Court[1] has ordered The Fletcher Construction Company Ltd (Fletcher) to pay one of its subcontractors Electrix Ltd (Electrix) $7.5m for electrical work carried out on the recently completed ...
09.05.2020 Posted in Construction Law
Contract uncertainty leaves room to resist statutory demand: Mega Projects v Orewa Developments
Last week, the Court of Appeal issued its decision in Mega Project Holding Ltd v Orewa Developments Ltd [2020] NZCA 111
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