We have a particular specialisation in acting for construction professionals in projects and constructions disputes. We have a long and successful track record in acting for engineers, architects, building & quantity surveyors and project managers.
The building and construction industry raises unique issues for insurers. We advise insurers on coverage/policy response and handle claims on their behalf. Our ‘on the ground’ involvement in construction disputes means our advice is both realistic and informed.
We also routinely act for and advise developers and contractors on their rights and obligations under construction contracts and in relation to complex contractual disputes arising out of joint venture projects.
Examples of our work include:
- Acting in the interests of clients including both the prosecution and defence of claims relating to defective work, as well as progress payments claims for construction work under the statutory warranty provisions of the Home Building Act 1989 and Building and Construction Industry Security of Payment Act 1999.
- Acting for a number of high profile developers, builders and sub-contractor trades in defence of bodily injury claims arising out of injuries incurred during construction, including the interaction of workers compensation legislation, WorkCover and between the various sub and head-contractors. Examples include acting for Lend Lease, Mirvac, QIC, Bovis, Karimbla and Meriton Apartments.
- Successful resolution of the largest building claim ever litigated in New Zealand, involving a class action of 153 plaintiffs and 43 defendants and third parties. We acted for a building material manufacturer in defence of its product which was alleged to have failed and caused catastrophic property damage. The litigation involved our briefing of numerous experts – quantity surveying, building surveying, engineers and loss adjustors – to investigate failure mechanisms that spanned professions and occupations including architects, the project manager, engineers, certifiers, builders, territorial authorities and construction and building material suppliers.
- We are currently involved in a major property loss in Taichung, Taiwan. The claim involves the widespread failure of the façade of a defence/aerospace facility. Our brief extends to co-ordinating offshore law firms in running a cross-border recovery. The case has involved the retention of a façade engineer to analyse failure mechanisms and conduct root cause analysis.