Senior Associate

Sarah Holderness

LLB (Hons) / BSc
Profile
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 assists with a variety of contentious matters, such as claims arising from defective construction, professional indemnity claims, and contract disputes including relating to delay and other issues on construction projects, and the supply of goods and/or services.  She has also recently completed a seven month secondment with the New Zealand office of a multinational engineering firm, gaining considerable experience with front end construction project work.

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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Experience

Examples of work completed by Sarah include:

  • reviewing both consultancy services and construction contracts, advising on commercial risks, contract terms, and drafting;
  • defending a subcontractor in a proceeding involving a large apartment complex, multiple parties, and a variety of design and construction issues;
  • 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;
  • assisting with the defence of a developer company and its director in a multi-party construction claim involving subsiding properties;
  • assisting with professional indemnity claims against firms of solicitors;
  • preparing Admiralty claims in rem against vessels, including applications for their arrest;
  • assisting with proceedings in the Employment Relations Authority and Employment Court; and
  • advising various companies and individuals on debt recovery matters, acting in summary judgment proceedings, and appearing for creditors in bankruptcy and liquidation proceedings.
Recommendations
Publications

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