Helen Macfarlane

Examples of work completed by Helen include:

• Acting for one of New Zealand’s largest multi-disciplinary construction consulting companies in high value claims involving multiple parties and complex design, engineering and construction issues.  Helen also advises this client on an ongoing, as-needed basis on contractual clauses and on issues arising from consortium projects in New Zealand and Asia, as well as on contractual/payment claim disputes with clients and/or sub-consultants.
• Acting as defence counsel in High Court proceedings arising out of the Transmission Gully roading project.
• Acting as defence counsel in High Court proceedings arising out of the October 2019 fire at the New Zealand International Convention Centre.
• Acting for major insurer in successfully defending High Court proceedings relating to Christchurch rebuild (Body Corporate 335089 v Vero Insurance New Zealand Ltd [2020] NZHC 2353)
• Representing a major insurer providing drafting advice on a suite of construction contracts for use in the Christchurch rebuild.  Covered all aspects of drafting and risk analysis, including insurances required for construction projects.
• Providing advice to a consultant regarding contractual terms of retention by a consortium in connection with a tender for a major PPP infrastructure project.
• Providing advice to insurer on cover and potential claims in relation to Royal Commission of Inquiry into building failures caused by the Canterbury earthquakes; extensive work with engineers in connection with the same.
• Successfully defending a project manager in seminal High Court trial relating to leaky building claims in a multi-unit residential development. The claim against our client was dismissed, with costs awarded against the plaintiffs. (Body Corporate No 189855 v North Shore City Council (Byron Avenue) HC Auckland CIV-2005-404-5561, 25 July 2008 – 2008 WL 2930653)
• Representing project managers in a High Court leaky building case.  Negotiated a settlement where our client paid nothing except its own costs.
• Representing major architectural/engineering firm in multi-party residential leaky building case.  Negotiated early dismissal from the case for a nominal payment.
• Representing project manager in leaky building case before WHRS.  Spear-headed negotiations on part of defendant group to achieve settlement where plaintiffs recovered less than half the amount originally claimed.
• Representing clients in a number of Construction Contracts Act cases.  Helen has experience representing both claimants and respondents.
• Advising insurers concerning claims of professional negligence/misconduct of Engineer to contract arising out of Construction Contracts Act claims relating to a roading project.
• Advising insurers and defending a firm of solicitors against allegations of equitable fraud and breaches of fiduciary duty resulting from representations dating back to 1989.
• Advising insurers and defending a firm of solicitors against allegations of breach of contract and negligence in relation to the transfer and development of a luxury property in Queenstown.
• Representing a major property investor/management company in a commercial rent review arbitration involving complex valuation and geotechnical evidence.
• Representing property management company in proceedings under the Declaratory Judgment Act arising out of an encumbrance dispute.
• Advising a major national retailer in connection with resolving a long-standing lease dispute following the Christchurch earthquakes.  Helen achieved a negotiated settlement several months after becoming involved.
• Representing a major consulting company in connection with a dispute with its landlord over termination of its lease.  Helen arranged for a fast-track mediation resulting in a commercial settlement approximately one month after she became involved.
• Advice to group of companies with New Zealand parent on New Zealand’s sanctions regime in connection with doing business in Iran.
• Overseeing and conducting internal investigations in relation to the conduct of IFI funded infrastructure projects in the Asia / Pacific region and reporting to funders including the World Bank and JICA.
• Representing insurers in complex multi-unit claims arising out of the Canterbury earthquakes.
• Advising insurers in relation to policy response under professional indemnity, general liability, material damage and contract works polices.

• Getting the Deal Through – Construction 2019 (Accreditation: Reproduced with permission from Law Business Research Ltd. This article was first published in Lexology Getting the Deal Through – Construction 2019 (Published: July 2019). For further information please visit www.gettingthedealthrough.com