Construction

Our team has extensive experience in the construction sector in New Zealand.

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​​​​Our f​ull service team offers clients a comprehensive approach to legal advice on major projects involving construction and development.​ We work with leading players in the construction industry and understand the pressures our clients are under to safely, cost effectively and successfully deliver projects.

We act for principals, contractors, project managers, suppliers and funders in transactional and contentious work. Our support for a construction project includes developing and assisting with the selection of the procurement model, preparing the tender and contract documentation, and negotiating, finalising and assisting in managing the contract. 

We are familiar with all forms of construction contracts including FIDIC, NZS, NZIA, SCC and JCT. We regularly advise on BOOT, EPCM, and EPC, as well as being the only New Zealand law firm to advise the Government on all of its PPPs to date. Our understanding comes from years of experience working on a wide variety of major projects in New Zealand and internationally​. Our team advises on commercial, industrial and residential developments and is extensively involved in urban renewal projects. We are advising on the redevelopment of over 18 ha​ of Auckland prime waterfront land, known as Wynyard Quarter and the largest historic restoration project to be undertaken in New Zealand: the redevelopment of Britomart precinct.

​Our team of experts can help clients deliver their projects across a range of industry sectors including the construction of transport, energy and telecommunications projects.

Commercial, retail residential  

Redevelopment of Downtown shopping centre
Advised Auckland Transport on the acquisition and redevelopment of the Downtown shopping centre together with design and construction of the section of the CityRail Link, under the site. We also advised on the sale and redevelopment of Queen Elizabeth Square. This project has key significance for the growth of the Auckland region and will link Britomart with Mt Eden station, creating an inner-city rail link.

Britomart precinct redevelopment
Auckland's Britomart precinct is a highly complex development and the largest historic restoration project to be undertaken in New Zealand. It has involved both the restoration of existing historic buildings and the development of new buildings on Auckland's waterfront. We advise Cooper and Company, the developer of Britomart precinct, on work including development agreements, leasing, construction contracts, project finance as well as extensive liaision with the Auckland City Council, who play a central role in the project.

Wynyard Quarter redevelopment
Advised Waterfront Auckland on the Public Works Act acquisitions for the 18 ha redevelopment of Wynyard Quarter that included construction of a tram track and a walking/cycling bridge.

Tainui Group Holdings shopping centre development
Advising long-standing client Tainui on the development and leasing of the The Base in​ Te Rapa, Hamilton's largest shopping centre, which is constructed on a former air force base.

BNZ's new Auckland headquarters
Advised on the development of a new central Auckland headquarters involving the retention and restoration of the Jean Batten Building, a heritage building registered in the New Zealand Heritage List. We successfully represented BNZ in the Environment Court declaration and High Court proceedings to confirm their rights in relation to the development and also in the development and leasing documentation required for the project.

Argosy Property development of NZ Post House
Acted for Argosy Property in a sale and leaseback deal with New Zealand Post which included a post-sale development period to undertake a NZ$40 million upgrade of the building by January 2016. The upgrade will be completed in stages, with New Zealand Post remaining in occupancy during the development period and includes building strengthening.

Fletcher Building Datacom development
Advised Delcon, a subsidiary of Fletcher Building on a conditional development agreement with Datacom to develop an office facility. The development is to be completed by Fletcher Construction and Datacom will lease five floors. The project is notable for the complexity of tenancy options and integrated fitout regime.

Te Puia (New Zealand Maori Arts and Crafts Institute) cultural and visitor centre
Advised Te Puia on its development of a new cultural and visitor centre in Rotorua. The public nature and funding made it imperative that the risks identified in this complex project were effectively managed or allocated in the contract documentation. The construction contract, based on NZS3910 conditions, is being completed in stages and involved detailed consultation with the contractor and liaising with a number of key stakeholders and interested parties.

Sylvia Park shopping and business centre project documentation
Advised on the project documentation for development of a new shopping centre on 24 ha of land in Auckland and the project documentation on the establishment of new commercial office space at Sylvia Park in Auckland.

Meridian Energy new corporate headquarters
Acted for the developers of the new Meridian Energy headquarters on Wellington's waterfront. The project and its documentation incuded extensive requirements for sustainability and energy efficiency.

Restoration projects
Acted on two of Wellington's significant restoration projects. We acted for the developer, Ipoh, in the construction of the former Bank of New Zealand building. The historic building underwent extensive earthquake strengthening and restoration and is a major retail centre. Acted for the developers of the Mobil on the Park building which saw the site's historic façade retained during the construction of a new high-rise building.

Rosin and wood turpentine plant construction contract
Advised Pacific T & R on the construction contract for a rosin extraction and manufacturing facility in Taupo. A complex contract involving a highly modified FIDIC Yellow Book contract with an Indian manufacturer as lead contractor, and a US supplier of critical plant and equipment, the contract took into account currency risk (New Zealand dollars, Euros and US dollars), international transport risk and bespoke risk allocation.

Contentious construction advice​

Downer High Court construction disputes 
Acting for Downer in multi​party construction litigation in the High Court, including acting on the resolution of the Sylvia Park shopping centre proceedings.​

Power plants dispute
Acted for a major electricity supplier and for a head contractor on disputes arising out of the construction of three new power stations and generation facilities, including variation, delay and prolongation, breach of warranty and defect claims.

Commercial office development claim
Assisted a commercial property developer resolve multi-million dollar claims by a contractor for variations and delay and disruption on the construction of a new office tower.

Building defect
Acted for owners, developers, builders, subcontractors, suppliers and guarantors on leaky building and other building defect claims (e.g. structural issues, subsidence) for a variety of buildings, including tower blocks, office developments, a stadium, large residential apartment and townhouse developments, and standalone residential homes.

​​Public Sector

Government Accommodation Project (WAP 2) for Precinct Properties
The Government Accommodation project is the largest Government tenant-driven development and leasing project to take place in Wellington. Advised Precinct Properties on its leasing and development proposal to the New Zealand Government for WAP 2.

Power

Central North Island geothermal projects
Advised Tauhara North No.2 Trust as the owner of the Rotokawa geothermal field and development right holder of the Nga Tamariki geothermal field in the Central North Island in the commercialisation of these fields, including the joint venture for the construction of the 140MW Nga Awa Purua geothermal power station. Nga Awa Purua is the largest geothermal power station built in the world in the past decade and features the world's largest single-shaft geothermal turbine. The development is regarded as a model project for Māori land owners of geothermal resources and aims to develop the resource while protecting the Trust's guardianship of the land and resource. It was named Project of the Year at the prestigious Deloitte Energy Excellence Awards 2010.

Kupe gas field development
Advisors to Origin Energy Resources (Kupe), operator of the Kupe oil and gas development on many aspects of the development, including infrastructure, construction and operational contracts involving joint venture partner Contact Energy.

Contact Energy generation developments
Advising Contact Energy on projects within Contact's electricity generation expansion programme including its geothermal developments and its gas fired "peaker" project in Taranaki.

Powerco's Te Rere Hau wind farm
Advised Powerco on an alliance agreement with the partners in the Te Rere Hau wind farm on a transmission link for the wind farm. The Te Rere Hau joint venture involves NZ Windfarms, NP Power and Babcock & Brown Windpower. This high-profile and uncommon type of contract covers the design, development, construction, and ownership of windfarms to connect to the National Grid.

Christchurch rebuild

Vero Insurance, Southern Response Earthquake Services, Lumley General earthquake remediation works
Acted for Vero Insurance, Southern Response, and Lumley General on various procurement and construction law issues relating to the Canterbury earthquake remediation works.

Christchurch CBD offices for Vodafone
Advised on the development of Vodafone's new South Island headquarters in Christchurch's new Innovation Precinct which features a unique model of development. It involves negotiating direct deeds between the developer, developer's contractor and investor. Our work for Vodafone has included negotiating design and build agreements, leasing documents, and reviewing construction contracts.

Vero insurance model construction contracts for earthquake mediation work
Advised Vero Insurance on the development of a suite of model construction contracts for the Canterbury earthquakes remediation work. The contracts involve unusual risk allocation because of industry wide issues in Christchurch such as high demand for contractors.

ANZ Centre development in Christchurch
Advised ANZ on its entry into the new ANZ Centre in central Christchurch. This transaction was a significant new private sector development in the Christchurch CBD and is a key new development in the Christchurch rebuild.

Ngāi Tahu Property joint venture with Riccarton Racecourse Trustees
Acted for Ngāi Tahu Property on a significant joint venture with the Riccarton Racecourse Trustees. Involving the extensive redevelopment of the Riccarton Racecourse in central Christchurch to accommodate a 600 home subdivision, the project has national significance as part of the private sector response to the Christchurch rebuild.​

​​​​Water

Ruataniwha dam project
Advising Hawkes Bay District Council on the Ruataniwha high dam and irrigation project – New Zealand’s biggest freshwater project for a number of years.​


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  • Tom Bennett

    Partner Auckland
  • David Chisnall

    Partner Wellington
  • Simon Ladd

    Partner Auckland