Construction Law

Bankside members are instructed in construction and infrastructure matters throughout Aotearoa New Zealand and in international arbitrations. Members act for developers, contractors, subcontractors, consultants, insurers, and public bodies in disputes and advisory matters arising from building and engineering projects. Members’ practices encompass litigation, arbitration, adjudication, mediation, expert determination and project advisory work at all stages of a project.

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Construction and Building Law

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Construction law spans the full lifecycle of building and engineering projects, including infrastructure development and public procurement, from inception through to completion.

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Members are experienced in disputes concerning contract performance, variations, delay and disruption, design issues, and payment claims. They appear in the High Court, appellate courts, arbitral tribunals, and adjudications under the Construction Contracts Act 2002.

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Instructions frequently involve commercial, infrastructure, and residential projects. Members advise on the interpretation of construction contracts, allocation of risk, statutory obligations, and regulatory compliance under the Building Act 2004 and related legislation.

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Disputes and Professional Liability

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Members act in proceedings involving contract interpretation, termination, incomplete or defective work, and claims arising under standard form contracts including NZS 3910, NEC, and FIDIC.

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They are frequently instructed in claims under the Construction Contracts Act, Building Act, Fair Trading Act, and negligence claims. They act in disputes involving engineers, architects, and other construction professionals, including professional negligence claims.

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Members regularly appear in interlocutory applications, including injunctions, summary judgment, and applications to enforce or challenge arbitral awards.

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Advisory Work and Project Risk

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In addition to contentious work, members advise on contract drafting, procurement processes, project delivery structures, and risk management. This includes advising on variations, retentions, payment regimes, and emerging disputes before positions become entrenched.

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Experience in early identification and resolution of issues assists clients in minimising protracted litigation and achieving durable outcomes. Members are also instructed as mediators, arbitrators, adjudicators, and expert determiners in construction matters.

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Builder and Subcontractor Disputes

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Members act for head contractors, subcontractors, and consultants in disputes concerning payment claims and schedules, retentions, variations, delay, termination, and workmanship issues. Many of these matters proceed through statutory adjudication, with further proceedings in arbitration or the courts where required.

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Work often involves coordination with instructing solicitors, engineers, quantity surveyors, and delay experts in technically complex disputes.

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Recognition

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A number of members are recognised in legal directories for their work in construction and commercial matters.