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.
Hesketh Henry Construction Team ranked in Band 4 in The Chambers Asia Pacific 2022 legal directory.
Construction team ranked in the latest Legal500 Asia Pacific Directory 2022.
Nick is recommended by Legal500 as 'Leading Individual" in Construction.
Sarah is recognised by Legal500 as a 'Rising Star' in Construction.
Christina is 'Recommended' by Legal500 in Construction.
Glen is 'Recommended' by Legal500 in Construction.
Helen is 'Recommended' by Legal500 in Construction.
Recommended by The Doyle's Guide Directory.

Insights & Opinion / Construction Contracts

The Impact of Unclear Communication
The recent decision of the New South Wales Court of Appeal in Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd (No. 2) [2021] NSWCA 9 is an example of an unclear direction resulting in a principal being unable to rely on a notification time bar in a construction contract.
11.10.2021 Posted in Construction
Exclusion of liability for deliberate breaches of contract 
In Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) the English High Court considered a summary judgment application on the applicability of a limitation of liability clause to an alle...
01.10.2021 Posted in Construction & Disputes
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 ...
06.11.2020 Posted in Construction & Disputes
Fresh guidance on payment schedule requirements
Payment schedule in Commercial Bay project fails to comply
28.08.2020 Posted in Construction
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