Andrew Hazelton

Andrew Hazelton LLB (Hons) MSc
Partner
DDI [04] 472 7596
construction • insurance • environmental
 

 

 

 

 

 

PROFESSIONAL QUALIFICATIONS

Barrister & Solicitor New Zealand 1995, solicitor England & Wales 1990. Fellow Arbitrators’ and Mediators’ Institute of New Zealand 2018. Dispute Review Board Foundation Advanced Training 2019. MSc (Construction Law and Arbitration) Centre of Construction Law and Management, Kings College, University of London 1994. LLB (Hons) University of Wales 1988.

PROFESSIONAL APPOINTMENTS

Member of the Chartered Professional Engineers Council of New Zealand (2003-2015). Appointed to Engineering New Zealand committee to review its code of ethics. Awarded the MacLean Citation by Engineering New Zealand 2016 for exceptional and distinguished service to the engineering profession.
Honorary Solicitor to The New Zealand Building Subcontractors Federation (2000-2016).
President - Society of Construction Law 2016-18, Vice President – 2014-2016.
Certified as a Commissioner under the Resource Management Act 1991

ARBITRATION/ADJUDICATION APPOINTMENTS

Andrew sits as an arbitrator and as an adjudicator under the Construction Contracts Act 2002. In 2018 AMINZ awarded him the Sir Ron Davison prize for award writing. He is a member of the arbitration and adjudication panels of both AMINZ, The Building Disputes Tribunal Limited and the New Zealand Arbitration Centre. He has sat as an adjudicator on over 100 occasions, as an arbitrator in a number of significant construction arbitrations, and related matters such as dilapidations arbitrations under make good provisions of leases. Andrew has also been appointed as Expert under standard form contracts and he chaired approximately 30 appeal hearings as a Member of the Chartered Professional Engineers Council.

PROFESSIONAL MEMBERSHIPS

Fellow of Arbitrators & Mediators Institute of NZ, Associate Chartered Institute of Arbitrators.
Member Dispute Review Board Foundation
Founding Member and Society of Construction Law committee member 2010-18.

BACKGROUND

 

Andrew commenced work as a lawyer in the UK in 1988 before moving to New Zealand in 1995, he founded Hazelton LAW in 2000. The firm specialises in construction, insurance and resource management law. Andrew has over 30 years experience in construction claims, including:

  • Arbitrator in dilapidations dispute $6m in issue (2020).
  • Arbitrator in construction dispute $6m in issue (2020/21).
  • Arbitrator in construction dispute $25m in issue (2020/21).
  • Advising a Chinese contractor concerning an overseas claim for wrongful termination (2020).
  • Acting for a New Zealand Contractor over a final claim dispute (2020/21).
  • Acting for a Korean contractor in a claim concerning HDD pipe drilling (2019) and subsequent arbitration (2020)
  • Acting for a New Zealand contractor concerning claims for delay and disruption over a storm and wastewater infrastructure project (2019).
  • Acting for a New Zealand contractor concerning valuation of variations and defending claims concerning contra charges on a pavement construction project (2019).
  • Acting for plaintiffs in defective foundations claim (2018).
  • Acting for a contractor on claims concerning unforeseen ground conditions and pavement construction (2017-18).
  • Acting for a contractor on claims for delay/variations concerning new office block (2017)
  • Arbitrator on a dispute concerning subdivision development and quality and timing of engineering earthworks (2016-17).
  • Arbitrator on a dispute concerning asbestos removal (2017-18).
  • Appointed expert to determine dispute on professional services contract (2017-18).
  • Main contractor in a dispute concerning time/money/variations concerning a utilities infrastructure contract (total claim approximately $12.5million) involving ground works, pavement construction (2014-16).
  • An Australian based supplier defending a claim of liquidated and other associated damages relating to defective supplies (FIDIC) (2016).
  • Appearing in the Court of Appeal (2016) in respect of an appeal against judgment for defective supply of coated steel pipe Steel Co Ltd v Pipes NZ Ltd [2016] NZCA 175.
  • Advising a large national contractor on risk and liability issues arising from proposed tenders and forms of contract (2014 to date).
  • Advising and representing the Government of Fiji in a number of matters including 3 International Chamber of Commerce arbitrations in New Zealand and a related court claim. These matters concerned contractual disputes under FIDIC forms and concerned various claims for both time/money ranging in value from $7million to $24million. One of these actions resulted in the reported decision of Downer-Hill Joint Venture v Government of Fiji [2005] 1 NZLR 554 where the unsuccessful claimant attempted and failed to have the award set aside for breaches of natural justice (2000 to 2007).
  • Advising the Government of Fiji in relation to a dispute with a Chinese contractor 2008-2013.
  • Representing South Pacific Industrial in adjudication and court action against United Telecoms Ltd of India concerning the dismantling and export of Marsden B power station (2012).

RECENT PAPERS & SEMINARS

  • 3910:1013 – Interpretation and special Conditions – Registered Master Builders Association commercial members – October 2018
  • Update on Construction Contracts Act – NZSTCF – February 2016
  • What about the subcontractor? – for the Society of Construction Law Conference June 2014
  • Subcontracting and Risk Management for NZSTCF – August 2013
  • Construction Contracts Act Symposium for AMINZ - March 2010.
  • Time Bars and Conditions Precedent –Society of Construction Law Conference October 2009.
  • Concurrent Delays – for the Society of Construction Law March 2009.