CONSTRUCTION

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, Annie Wang, Jemma Horne, and Shereen Poh 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.

Project Documentation

Tendering
Contract drafting and risk advice
Main and sub-contracts
Professional services contracts
Standard forms
Bespoke contracts

Regulatory Environment in the Construction Industry

Statutes and Regulations
Occupational Regulation

Dispute Resolution

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.

INSURANCE

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. Shereen Po 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:

Contract Works
Public Liability
Professional Indemnity
Material Damage
Director’s Liability
Environmental Liability

Policy Wording

Life Policies
General Policies