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 Association, 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 construction 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.
  • Representing a Japanese manufacturer and pension trustees in a negligence and rectification claim against former pension advisors.
Recommendations
Individually recommend as a "Leading Individual" The Legal500 Asia Pacific 2020 Directory has individually recommended Partner, Nick Gillies as a 'Leading Individual" in the construction practice area.
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, 2019.
Publications

Insights & Opinion / Nick Gillies

COVID-19: The Impact on Construction Contracts – Updated 8th April 2020
New Zealand entered Covid-19 Alert Level 4 at 11.59pm on Wednesday 25 March.  Anyone not working in essential services is required to stay at home.  This restriction does not apply to building or co...
08.04.2020 Posted in Construction Law & COVID-19
COVID-19: Government contract guidelines for NZS3910:2013
The Government has announced contract guidelines to help support the construction industry during the Covid-19 restrictions.  These apply to contracts based on NZS3910:2013 (un-amended), being the mo...
08.04.2020 Posted in Construction Law & COVID-19
ADJUDICATION: CONFLICTS OF INTEREST WITH PROFESSIONAL ADVISORS
The last working day of 2019 saw another judicial review of an adjudication determination (Yousseff v Maiden [2019] NZHC 3471), this time focused on conflict of interest and apparent bias.  Despite j...
CONSTRUCTION CONTRACT REFORM: Ten Guidelines the Government could Adopt
“We need to lead by example and if there are things that we can do to take a leadership position with that industry then we should be.” Prime Minister Ardern[1] As 2018 draws to a close a...
21.12.2018 Posted in Construction Law
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 ...
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...