Litigation and Dispute Resolution
Our Litigation and Dispute resolution team specialise in resolving disputes that arise out of projects - from property development and construction, through to infrastructure, energy and complex commercial arrangements such as PPAs and PPP contracts.
What we do
We advise and represent our clients at all stages of dispute resolution, including:
- initial project and strategic advice
- litigation
- arbitration
- alternative dispute resolution processes
Our clients include government and commercial developers, iwi, institutional investors, builders, consultants and participants across the construction, infrastructure, transport, health, energy, and resources sectors. We represent clients in the High Court, arbitration, mediation, expert determination and adjudication under the Construction Contracts Act 2002 (CCA).
We can help with
- Delay and disruption
- Variation and payment issues
- In-project disputes
- Building and construction defects
- Negligence
- Disputes involving sale and purchase, leasing, developments, fit-outs, covenants and easements, caveats and rent review arbitrations
Our recent experience
Adjudication and expert determinations
- Acting for iwi, private developers, contractors, subcontractors and government entities in adjudications under the CCA and in expert determinations
- Acting for public sector entities in adjudication claims under construction contracts and consultancy design agreements
- Representing principals and contractors in disputes on project delays and liquidated damages
- Successfully opposing commencement of CCA adjudications based on jurisdictional challenges
Arbitration
- Representing a major institutional investor in arbitration and High Court proceedings concerning a multi-unit build-to-rent leaky building
- Acting for landlords in rent review, make-good and lease renewal disputes
Court proceedings
- Representing Health NZ / Te Whatu Ora in a five-week High Court trial concerning post-completion construction defects at a hospital (settled post-trial)
- Acting for a major retirement village operator in defective product claims
- Defending a leading consultant in defective building proceedings arising from peer review work
- Acting for iwi in commercial building defect disputes
- Representing an iwi collective trust in proceedings relating to the scope of trustee powers to enter long-term forestry rights
- Acting for the former shareholders of Villa Maria in proceedings against former lenders and receivers
- Advising a major Auckland developer in covenant modification proceedings to enable development
