Construction Contracts

Expert construction contract and project advisory services to support your budget, timeframe and commercial goals

As one of the few New Zealand law firms specialising in construction law, Hesketh Henry provides contract and project advice to minimise risk from inception to final completion. Our work can help turn commercial ideas into practical and profitable reality, because we make a point of understanding the vision and goals that are driving your project or transaction.

With an experienced construction lawyer on your side, you’ll be in a better position to avoid disputes, delays and unbeneficial compromises. Hesketh Henry’s construction law experts are able to assist with contract preparation and negotiation, risk assessments, project structures, procurement, and legislative and regulatory requirements. We can also engage the firm’s real estate and corporate commercial teams to further support the success of your project or transaction.

If your project is already underway or complete and you have disputes looming, we recommend you call on our construction litigation expertise.

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

Examples of work completed by our team include:

  • Advising a building supplier on IP, payment and liability issues;
  • Reviewing and negotiating various contract terms under head contracts, sub-contracts and supply agreements;
  • Updating contract terms for a specialist building repair contractor;
  • Preparing new commercial and residential contract terms for a large prefabricated building materials supplier;
  • Advising various parties to construction contracts on disputed variations, payment claims and rights under the Construction Contracts Act 2002;
  • Reviewing and negotiating a wide range of construction and engineering contracts, including considerable experience with NZS3910 and its Variants, CCCS, IPENZ, etc; and
  • Advising a major insurance company in connection with developing a bespoke model construction contract for the remediation of multi unit properties damaged in the Christchurch earthquakes.
Key Contacts
Partner Nick Gillies ranked in Band 3 in The Chambers Asia Pacific 2021 legal directory.
Construction team ranked 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.

Insights & Opinion / Construction Contracts

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
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.
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
Proposed Reforms to Building Act and Regulations
There are major changes to the Building Act on the horizon that will impact the entire construction sector including manufacturers, builders, building consent authorities, consultants and many others ...
Fresh guidance on payment schedule requirements
Payment schedule in Commercial Bay project fails to comply
28.08.2020 Posted in Construction
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 & 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
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