Construction and Infrastructure Law

Bankside Chambers is a leader in construction and infrastructure matters throughout Aotearoa New Zealand and internationally. Members act for public sector infrastructure developers, property owners and developers, contractors, subcontractors, consultants and insurers in disputes and advisory matters. Members’ practices encompass litigation, arbitration, adjudication, mediation, expert determination and project advisory work at all stages of a project, including peer reviewing and probity auditing major infrastructure projects.
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Expertise and Experience
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Construction and infrastructure projects are highly complex, with significant levels of uncertainty and the potential for disagreement evolving into formal dispute.  

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Relevant aspects of law include public procurement, contract law, insurance, intellectual property, insolvency and dispute resolution. Our members understand the full lifecycle of projects where maintaining working relationships and achieving successful project outcomes are a priority, whether in infrastructure development, public procurement and commercial property, and information and communication technology projects both domestically and internationally.

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Members have extensive experience in all industry sectors including energy, water and wastewater, transport, electronic systems, commercial property, tunneling, sports facility and superyacht development. Each frequently involves joint ventures between parties from different States, international supplies and managing international dispute management.

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Our members have drafted, reviewed and advised on bespoke construction contracts, public private partnerships (PPP) and alliance contracts, domestic and international standard form contracts, including the FIDIC, ICE and NEC suites, NZS3910 and related contracts, NZIA’s SCC, consultancy agreements (NZIA, ACENZ & CCCS) and subcontracts.

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Many of our members also sit as arbitrators, adjudicators, mediators and experts in construction disputes.

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Disputes
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Construction disputes have their origins in decisions made during procurement and project management, whether over unforeseen physical conditions, variations, delays, disruption or defective work.

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While a project is underway, the potential for disagreement needs to be identified early if progress on the works is to be maintained. Our members understand the drivers for contract disputes and are experienced in dispute avoidance and dispute management.

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When formal disputes arise, our members specialise in assisting clients in every stage of dispute management, including mediation, adjudication under the Construction Contracts Act 2002, domestic and international arbitration and litigation in court. Our members also act as independent neutrals, providing expert reviews and determination.

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When contracts allow, our members provide full court litigation services, including applying for urgent orders in the High Court.

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Advisory Work and Project Risk

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In addition to contentious work, members peer review and draft construction documentation, audit procurement processes (both in the context of the Government Procurement Rules and the common law), advise on project delivery strategies, and more generally on risk and dispute management.

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These services extend to providing independent neutral reviews and determinations where required.

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Notable Cases

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Our members have been involved in a number of leading construction and infrastructure cases, including:

• Beca Carter Hollings & Ferner Limited v Wellington City Council [2024] NZSC 117
• CPB Contractors Pty Limited v WSP New Zealand Limited [2024] NZHC 640
• Rau Paenga v CPB [2023] NZHC 2974
• Electrix Limited v The Fletcher Construction Company Limited No 2 [2020] NZHC 918
• Custom Street Hotel v Plus Construction [2018] NZCA 36
• George Developments Ltd v Canam Construction Ltd [2006] 1 NZLR 177
• Rolls-Royce New Zealand Ltd v Carter Holt Harvey Ltd [2005] 1 NZLR 324

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A number of our barristers are contributing editors for leading texts on arbitration and construction law and have also published articles in leading law journals and online resources.

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Recognition

Several members are recognised in Lexology, Doyle’s Guide, Chambers and Partners and other legal directories as leaders in construction law.