Partner

Nick Gillies

BCom. LLB (Hons)
Profile
Nick is a partner in the Disputes team at Hesketh Henry.  He has specialist expertise in construction, insurance and professional negligence.

Nick joined Hesketh Henry in 2013 and became a partner in 2015.  Prior to this, he worked for Russell McVeagh, before spending eight years with a boutique construction and insurance firm in London. He is admitted in both New Zealand and England & Wales.

Nick has extensive experience of construction and engineering matters, including time and money disputes, building defect claims, and contract reviews.  He has brought or defended numerous liability actions involving projects and participants in the construction, marine and insurance sectors.  Nick also regularly advises on coverage, subrogation and other insurance issues, and is a lead author of LexisNexis’ Insurance Practical Guidance.

Nick is a member of AMINZ, New Zealand Society of Construction Law, New Zealand Insurance Law Associaion, and the Dispute Resolution Board Foundation.  He writes and speaks regularly on construction, insurance and dispute resolution issues, and has been published in Solicitors Journal, Post Magazine, Build Law and the Arbitrator & Mediator Journal.

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Experience

Examples of work completed by Nick include:

  • Advising on disputes and performance bond issues arising under civil construction contracts for multi-lot residential and infrastructure developments;
  • Defending High Court proceedings about the scope of cover and adequacy of repairs for earthquake damaged  buildings;
  • Defending numerous liability claims against construction professionals, including engineers, architects and project managers, for alleged design and consruction defects;
  • Advising contractors and specialist subcontractors on final account disputes arising under commercial and civil contracts;
  • Successfully defending a US$85m claim against consulting engineers concerning the construction of a Filipino power station;
  • Representing a building systems subcontractor on the new Wembley Stadium in disputes with the main contractor;
  • Representing a US engineering consultancy in proceedings concerning insurance cover for design defects with a new wastewater treatment plant;
  • Representing a marine contractor in a substantial delay and disruption claim;
  • Advising on claims concerning issues with new on-shore shipping facilities; and
  • Representing a Japanese manufacturer and pension trustees in a negligence and rectification claim against former pension advisors.
Recommendations
The Legal500 Asia Pacific Directory individually recommended Partner Nick Gillies. Nick is individually recommended by The Legal500 Asia Pacific directory as both an insurance and marine lawyer.
Individually recommended by The Doyle's Guide Directory Nick is individually recommended by Doyle's as a Leading Construction, Projects and Infrastructure lawyer - New Zealand, 2018
Publications

Insights & Opinion / Nick Gillies

Ebert Construction: Court provides Guidance on the Retentions Trust Regime
Following our previous updates (Ebert Construction Receivership – What You Need to Know and Ebert Construction – Receivership and Liquidation), on 12 November 2018 the High Court ordered that the ...
19.11.2018 Posted in Restructuring and Insolvency
Building and Construction Law Journal
Construction partner, Nick Gillies, has been published in the latest Building and Construction Law Journal ((2018) 34 BCL 179).
18.10.2018 Posted in Construction Law
EBERT CONSTRUCTION: RECEIVERSHIP AND LIQUIDATION
Introduction Following our Initial Note, the receivers of Ebert Construction Ltd (Ebert) released their first report on 1 October 2018.  Then, on 3 October 2018, Ebert put itself into liquidation, wi...
A Guide to Concurrent Delay
Hesketh Henry was pleased to host the New Zealand Institute of Quantity Surveyors on 14 August 2018, where one of our construction partners, Nick Gillies, presented on concurrent delay.  The same pre...
22.08.2018 Posted in Construction Law
EBERT CONSTRUCTION RECEIVERSHIP – What You Need To Know
What is currently known? On 31 July 2018 Ebert Construction Ltd (Ebert) was placed into receivership.  John Fisk, Lara Bennett, and Richard Longman from PwC have been appointed receivers.  The recei...
Updated Subcontract Agreement: SA-2017
The SA-2009 form of Subcontract Agreement is commonly used in the construction industry. It has undergone a review and a new SA-2017 form has been produced.
3.07.2018 Posted in Construction Law & Health & Safety Law
CONSTRUCTION LAW UPDATE – JUNE 2018
Recent Construction Law Decisions and Developments in New Zealand
18.06.2018 Posted in Construction Law
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