Managing Partner

Nick Gillies

BCom. LLB (Hons)
Profile
Nick is a partner in the Disputes Team.  He is a specialist construction lawyer and leads the firm's construction practice.

Prior to joining Hesketh Henry in 2013, Nick worked for Russell McVeagh, before spending eight years with specialist construction firm Beale and Company in London.  He is admitted in both New Zealand and England & Wales.

Nick acts for clients in all types of construction matters, including time and money disputes, building defect claims, and contract advice.  He is individually recommended by Doyles Guide, Legal 500 and Chambers and Partners for Construction.  Clients describe him as having “exceptional industry knowledge”, “client focused” and providing “proactive, professional and to the point advice”. 

In addition, Nick has experience advising on insurance which intersects with his construction practice, including pursuing and defending liability claims involving underwriters.  With a sailing background, Nick also advises on marine and yachting industry issues.

Nick is a member of AMINZ, New Zealand Society of Construction Law, and the Dispute Resolution Board Foundation.  He writes and speaks regularly on construction and dispute resolution issues, and has been published in Building and Construction Law Journal, Arbitrator & Mediator Journal, and the Solicitors Journal.  Nick has authored arguably New Zealand’s leading papers on Dispute Boards, Engineer to the Contract, and Concurrent Delay.

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Experience

Examples of work completed by Nick include:

  • Advising contractors and specialist subcontractors on claims involving variations, prolongation, thickening, measured works, and extensions of time under commercial and civil contracts
  • Handing various adjudications under the Construction Contracts Act 2002
  • Advising on performance bonds under construction contracts, including obtaining injunctive relief
  • Defending liability claims against construction professionals for alleged design and build defects
  • Representing subcontractors in proceedings concerning earthquake repairs
  • 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 an international engineering consultancy in proceedings concerning insurance cover for design defects with a new wastewater treatment plant in Ireland
  • Representing a marine contractor in a substantial delay and disruption claim for a refit project
  • Advising on claims concerning the construction of on-shore shipping facilities in the Middle East
  • Advising on establishing a new international class under World Sailing rules
Media
Publications
  • Getting the Deal Through – Construction (2015 – 2020)
  • LexisNexis Dispute Resolution Guide (2016 – 2020)
  • LexisNexis Practical Guidance – Insurance
  • We need to talk about the Engineer: A New Zealand Perspective (2018) 34 BCL 179
  • A Guide to Concurrent Delay (2018)
  • Rebuilding New Zealand: A case for Dispute Resolution Boards (2014) 33 AMJ 121

Insights & Opinion / Nick Gillies

HH News NZS  Release
What You Need to Know About the New NZS3910:2023
The new NZS3910:2023 (conditions of contract for building and civil engineering construction) was released by Standards New Zealand in December 2023 (see our article here).  It is now gaining relevan...
10.04.2024 Posted in Construction
Properly sequencing your Construction Adjudications: Henry Construction Projects Ltd v Alu-Fix (UK) Ltd
According to the UK’s Technology and Construction Court (TCC) (in Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023] EWHC 2010) valid payment claims must be paid before the underlying merits ...
30.10.2023 Posted in Construction & Disputes
Construction Framework Wide BW
Major milestone passed – NZS3910:2023 expected in time to fill Christmas stockings
As the most widely adopted standard form construction contract in NZ, NZS 3910 was more than ready for updated conditions given the changes in the industry since its last review in 2013.  After almos...
09.10.2023 Posted in Construction
Contractor’s Dilemma: Recovering debts from a Principal in liquidation
A party must meet a high bar before the High Court will modify or reverse a liquidator’s decision, or consent to a party commencing adjudication (or other legal proceedings) against a company in liq...
Hesketh Henry assists with Retention Money Guidance
Our Construction Team has been pleased to assist with the preparation of a Retention Money Guidance (Guidance), which has just been published by the Ministry of Business, Innovation and Employment (MB...
22.08.2023 Posted in Construction & Disputes
Be quick and ensure you have your say
Public consultation on the draft NZS3910 amendments closes on 30 June. Some key changes will impact the industry, and all are encouraged to review the draft terms and provide feedback through this pu...
28.06.2023 Posted in Construction
Payment Claims: Incorrect Due Date From Delayed Delivery
Nicholls Group Projects Ltd v Plan Design Build Homes Ltd
20.05.2022 Posted in Construction
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