Senior Associate

Sarah Holderness

LLB (Hons) / BSc
Sarah Holderness is a Senior Associate in the Disputes team.

Sarah joined Hesketh Henry as a graduate and was admitted to the bar in December 2010 after completing a Bachelor of Laws (Honours) and Bachelor of Science at the University of Auckland.

Sarah primarily specialises in front end construction work.  She has acted for a diverse range of project participants, sizes, and types of project.  Sarah is familiar with standard form agreements (such as NZS 3910 / 3916, SA-2017, CCCS etc), and regularly drafts either bespoke special conditions or entire contracts.  She also assists as required with contentious matters in the construction space, such as defective building claims, professional indemnity claims, and contract disputes including relating to delay and other issues on construction projects.

As well as her private practice experience, Sarah has also worked in-house for a multinational engineering firm, working almost exclusively on front end work.  Sarah was seconded for nine months in 2016, and then asked to return in 2018 to cover a period of leave; in this role Sarah has gained increased appreciation of business perspectives and drivers. 

Sarah is a member of the Society of Construction Law (New Zealand), Maritime Law Association of Australia and New Zealand and Women’s International Shipping & Trading Association.

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Examples of work completed by Sarah include:

  • Redrafting and negotiating a construction contract for a large infrastructure project.
  • Reviewing and preparing contract tags for a joint venture bidding to join a panel for Council capital works.
  • Drafting a bespoke contract for a specialist cranage subcontractor.
  • Preparing special conditions for a developer principal embarking on an apartment development, including drafting bonds and bespoke warranties.
  • Defending a subcontractor in a proceeding involving a large apartment complex, multiple parties, and a variety of design and construction issues.
  • Assisting with the defence of a developer company and its director in a multi-party construction claim involving subsiding properties.
  • Assisting with defending professional indemnity claims.
  • Acting for a charitable trust board on an appeal from the Maori Appellate Court to the Court of Appeal concerning two related trusts of which the charitable trust board was a beneficiary.

Insights & Opinion / Sarah Holderness

Payment Claims and Payment Schedules
The Payment Claim / Payment Schedule regime in the Construction Contracts Act 2002 (CCA) can be a powerful tool in assisting cashflow in the industry.  Please click here for a practical explanation o...
08.03.2019 Posted in Construction Law
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
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.
03.07.2018 Posted in Construction Law & Health & Safety Law
Updated Standard Consultancy Agreements
Two of the most commonly used standard agreements to engage consultants are the ACENZ / Engineering New Zealand (formerly IPENZ) Short Form Agreement (“SFA”) and the Conditions of Contract for Consultancy Services (“CCCS”).
05.06.2018 Posted in Construction Law
Managing Risk and Dispute Resolution in Construction Projects ….
The best way to manage a dispute is not to have one.
Getting the Deal Through: Shipping
Getting the Deal Through works with many of the best lawyers and law firms in the world
10.10.2017 Posted in Maritime Law
Insurance Case Law Update April 2017
Our Insurance Law team has written a new publication for LexisNexis, known as Insurance Practical Guidance.  This is the first on-line insurance law product of its kind in New Zealand. This update pr...
18.04.2017 Posted in Insurance Law