Successful construction projects require a specialist team. We’ll work alongside your team, providing proactive and commercial advice from project inception to completion and beyond.
With the largest dedicated offering in New Zealand, our team of front, back end, and project advisory construction specialists is uniquely placed to advise on the most significant construction works programmes, projects, and disputes in the country and for your business.
Ranked Tier 1 by independent legal directories Chambers Asia-Pacific and The Legal 500 Asia Pacific and with individual partner rankings, we are trusted advisers to government, principals, and private sector developers, along with contractors, consultants and other key industry participants. We have built specific expertise working with clients over the entire project lifecycle, including the important construction delivery phase. Our clients come from a range of sectors including government (central, local and government agencies), energy, transport, warehousing and logistics, utilities, health and aged care / retirement, retail, and commercial and residential property developments.
We partner with our clients throughout a project’s lifecycle, including strategic input at the business case and procurement planning stages and the preparation and negotiation of the full suite of construction documentation. We regularly advise on all standard form contracts in New Zealand (FIDIC, CCCS, NZS and NEC3) as well as bespoke contracts and have intrinsic knowledge of the Government Procurement Rules including Broader Outcomes.
We understand the importance of developing deep relationships and working alongside our clients throughout a project. Drawing on our breadth of project and dispute resolution experience, we offer a tailored, project-centric advisory service to clarify strategy, support your commercial drivers, avoid common pitfalls, and minimise dispute escalation.
Where issues do arise, our specialist construction dispute resolution team helps navigate and project manage both during-project issues and post-completion disputes. We have the biggest specialist construction and infrastructure disputes practice in New Zealand and have the scale and resources to deal with the largest, most fact-heavy cases that our clients face. We represent clients in all dispute resolution forums (adjudication under the Construction Contracts Act, domestic and international arbitration, and litigation). Our dispute resolution experience spans defective construction and design, negligence, extensions of time, variations, consent issues, rent review, termination, force majeure, Fair Trading Act, and Contract and Commercial Law Act claims. We are also experienced in complex product liability cases involving both domestic and international parties.
Actively influencing and shaping industry developments from the inside out, our construction specialists are involved in industry organisations and forums. Sarah Sinclair served on Te Waihanga (New Zealand Infrastructure Commission) inaugural board between 2019 - 2024. Janine Stewart served on the Construction Sector Accord Steering Group between 2019 - 2022, and the New Zealand Government’s Building Advisory Panel (as the sole legal appointee) up until 2022. Mark Crosbie has several significant government clients and is influential in shaping their procurement processes and contractual settings.
We are committed to impactful thought leadership. We are heavily involved in construction law education through developing University syllabuses and thought leadership conferences and presentations (including our annual construction and infrastructure conference Building Together). Clients benefit from our regular industry updates and insights, ensuring they are at the forefront of what’s going on in the New Zealand construction sector.
Check out our regular insights below or click on these links for more detail:
When you need a practical approach and value timely and cost-effective solutions, talk to us.
MinterEllison's construction team is without doubt one of the top construction teams in Auckland. They have deep resources in talent and experience and handle large complex cases exceptionally well. They are masters of the field in construction law.
The Legal 500 Asia Pacific
Since 2011, advising CERA, then Ōtākaro and now Crown Infrastructure Delivery on all aspects of the planning, procurement, delivery, completion and ownership transfer of the Anchor Projects, comprising more than $1 billion of project work. This has included the $300 million Christchurch Justice and Emergency Services Precinct project; the $50 million Bus Interchange project; the $475 million Te Pae Christchurch Convention Centre project; the $300 million Parakiore Recreation and Sport Centre; and the Avon River Precinct, South Frame and Accessible City infrastructure and public realm projects.
Advising Kiwi Property Group in relation to development and construction projects across its NZ$3billion plus property portfolio, including its capital investment programme and major project works at Sylvia Park (New Zealand’s largest shopping centre) – such as the second and third office towers and the Build-to-Rent (BTR) precinct, the multi-use Build-to-Rent development at LynnMall, and new large format retail developments at Sylvia Park, and its new Drury Town Centre development.
Acting for the developer, Cooper and Company, in the ongoing development of the Britomart Precinct since inception. This includes most recently the refurbishment and renovation of heritage buildings and the development of an award-wining boutique hotel, The Hotel Britomart. The hotel development included some new (to New Zealand) construction techniques requiring contract documents to align with the assurance processes structured by the team for such construction.
Acting for both Te Whatu Ora - Te Toka Tumai Auckland (formerly Auckland DHB) and Te Whatu Ora - Taranaki (formerly Taranaki DHB) on their respective core development programmes – ‘FIRP’ and ‘Maunga Stage 2’ respectively. This included leading a cross regional group in developing a new format ‘Major Works Contract’ aimed at addressing market issues in construction and in construction contracts. Also advised on procurement and project implementation strategies to progress the programmes through COVID and an industry peak cycle.
Lead construction adviser to Tainui Group, one of New Zealand’s largest iwi organisations, on its enormous, nationally significant, Ruakura-Superhub development at Hamilton. At 490 hectares, Ruakura Superhub is one of New Zealand’s largest multi-use developments.
Advised Wellington Gateway Partnership on all issues, disputes, and litigation during the construction phase of the project. Transmission Gully was the first roading project in New Zealand procured through a PPP model.
Advised Mercury on all issues and disputes during the construction phase of both the wind farm development and the associated transmission line. Turitea Wind Farm is the largest wind farm in New Zealand.
Advised the contractor (a joint venture between Fulton Hogan and Taylors Contracting) of the Waimea Community Dam, on all contentious aspects of the project. We helped manage the claims and disputes processes, including running adjudications and arbitration. The Waimea Community Dam is the largest dam to be built in New Zealand in over 25 years.
Acting for Auckland Council on a significant part of its overall defective building litigation, including Gore Street (CIV-2014-404-716), NZ’s the largest defective building case in New Zealand to date. This involves multifaceted structural and fire defects, requiring substantial expert analysis and evidence.
Acting for Metlifecare in complex proceedings in the High Court against James Hardie entities in New Zealand, Australia, and the Republic of Ireland, for the negligent design, manufacture and supply of products, and breaches of the Fair Trading Act 1986 and Consumer Guarantees Act 1993.
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