We are one of New Zealand’s premier construction law practices. Our expertise is well recognised in the industry. We are ranked as a leading firm in this area by a number of legal directories. Andrew Hazelton and Scott Galloway each have over 30 years’ experience in working with the construction industry. Since 2000 the firm has been involved in some of the leading construction cases in New Zealand. Rachel Conner and Mark Holland joined the partnership in 2021 and also practice in this area. Rachel works regularly with Master Builders and Mark is a qualified engineer and worked as such, including appointments as “Engineer to the Contract” for 16 years prior to being admitted as a lawyer. Our solicitors, Sarah Martin and Keelin Weekly actively advise our clients, particularly members of the Registered Master Builders Association, on a day to day basis. All of our lawyers work together as required on larger construction matters.
Contract drafting and risk advice
Main and sub-contracts
Professional services contracts
Regulatory Environment in the Construction Industry
Statutes and Regulations
Strategy. Many claims for time and money are early to spot but difficult to manage. We assist many of our clients with detailed advice on the strategy associated with a successful claim, whether as claimant or defendant.
Mediation. Some claims, whether they have crystallised as formal disputes or not, are suitable to be mediated. We have worked with all the leading construction mediators in New Zealand. We aim to work with our clients in the build up to a mediation to advise them on the range of likely outcomes and in-mediation strategy.
Adjudication. Our team works with our clients in the preparation and defence of adjudication claims. We are experienced in the wide variety of claims that the construction industry produces, whether claims for money and/or time, or technical claims concerning design or build quality. Whether a claim is contractual or based on common law, we can advise. Andrew and Scott both sit as adjudicators and between them they have been responsible for over 100 adjudication determinations which provides them with a unique insight into what it is that will make a winning position.
Arbitration. It is a mistake to assume that arbitration is just like the courts, but with a private judge. The Arbitration Act and any associated institutional rules are full of pitfalls for the unwary and inexperienced. Our team is experienced in both domestic and international construction arbitration and can advise in detail on both.
Litigation. We advise clients on representing themselves in the disputes tribunal, through to acting for them in the District and High Courts and beyond if necessary. We work as a team, ensuring lawyers with the right experience tackle the jobs to which they are suited, providing cost effective and timely advice. We will work with you, any experts and if necessary Senior Counsel.
As a firm we are often required to consider insurance issues in his construction practice whether this relates to responsibility for insurance requirements in a project, or whether it arises from claims made during a project. Much of our construction law work has an insurance component and requires interpretation of policies for insureds.
Regulation - Prudential and Non-Prudential
Scott Galloway has advised Lloyd’s for over 25 years, and for the last 18 years he has been the Lloyd’s General Representative in New Zealand. Sarah Martin regularly assists Scott in his Lloyd’s role.
As Lloyd’s representative, Scott advises on all aspects of New Zealand law and regulation potentially affecting Lloyd’s as well as dealing with and approving intermediaries, providing market intelligence, lobbying politicians and government departments, and dealing with a variety of enquiries.
Claims - Advising Insurers and Insureds in Relation to:
Resource Management Act
Rachel Conner is the Partner responsible for our resource management practice and Keelin Weekly supports Rachel in this role. Andrew Hazelton was a certified Hearings Commissioner from 2008 to 2021. We have worked for a range of clients under the Resource Management Act including local Councils, developers, and submitters and across a range of industries including property development, private facilities, electricity sector, manufacturing, and discharges of various types. We advise on all matters covered by the Act including:
Land use consents
Designations and Heritage Orders
Enforcement issues including prosecutions
Local Government Issues
Regulatory Work under the Resource Management Act, Building Act, Local Government Act and others
Aside from appeals against consent decisions and Public Works Act matters, we have acted on abatement and enforcement proceedings in the Environment Court. We have defended prosecutions under the Resource Management Act and the Building Act and have taken prosecutions under the Historic Places Act. Our court work in the field extends to defending and taking judicial review proceedings.