Bell Gully’s construction team offers the full range of specialist construction legal services to both public and private sector clients across all stages of the project lifecycle. We provide pragmatic, commercial and innovative solutions to complex legal and commercial issues: we are known for delivering “best for project” advice which protects the interests of our clients and also facilitates project delivery. Our advice is grounded in our deep knowledge of the New Zealand construction market, and our extensive international construction experience.
Our construction team is based in Auckland and Wellington, with both transactional and disputes lawyers working together on a national basis. This enables us to provide discrete and expert advice on, for example, a construction contract negotiation or a construction dispute, whilst also offering a seamless end-to-end solution for project delivery utilising our cross-discipline capabilities.
Our dedicated front-end national team advise on the most high-profile and complex construction and development projects in New Zealand, drawing on the firm’s complementary expertise in financing, resource management and real estate. We focus on project structuring, procurement, risk identification and mitigation, preparing and negotiating documentation, as well as the implementation of projects.
Similarly, our back-end construction team are routinely engaged to act on the most complex and difficult construction disputes because of their standing as leading advocates in New Zealand and ability to successfully resolve construction disputes. This reputation is borne out of the simple fact that the team is made up of out-and-out litigators: each partner regularly appears in all New Zealand Courts and acts on the full range of dispute proceedings. This expert skillset is complemented by their ability to readily identify and resolve the full spectrum of issues that arise in construction projects, from insolvency to defective works to insurance. Again, our clients know they are getting a genuine construction litigator, and that is why they come to us.
Work highlights
Non-contentious construction advice
Auckland Transport on the Eastern Busway Alliance (EB2, EB3 and EB4) with the RAPT consortium, comprising Fletchers, Acciona, Jacobs and AECOM, including various works agreements with third party utility operators who own assets affected by the construction of the busway AMETI represents the largest capital value project undertaken by Auckland Transport, with an expected cost of more than NZ$800 million.
Fletcher Building on three separate large-scale brownfield projects involving the design and construction of new specialist processing plant factories, including the integration of specialist plant procured from overseas with domestic civil and vertical construction.
Genesis Energy on the replacement of generators at the Kaitawa and Tokaanu hydro power stations. This involved legal advice on the procurement of replacement generators from original equipment manufacturers, the request for proposal to OEMs and drafting a pre-construction services agreement for early contractor involvement.
Health New Zealand Te Whatu Ora on Project Pihi Kaha, the ~NZ$800 million redevelopment of Whangarei Hospital comprising the design and construction contract of multiple hospital buildings alongside the continued operation of the existing hospital, including a new acute services ward and child health centre.
Tauranga City Council on the Te Manawataki o Te Papa Project, a comprehensive redevelopment of a site comprising multiple city blocks in the Tauranga CBD, one of New Zealand’s largest and fastest-growing cities. The ~NZ$300 million project utilises a novel preferred contractor arrangement for the delivery of each package of works across the entire site.
Tauranga City Council on the Memorial Park Aquatic Centre Project, which involves the design and construction of new indoor aquatic centre, and associated facilities in the Tauranga CBD. The Project plans to harness the geothermal properties in the underlying land to provide heated water to the pools in the aquatic centre.
The Ministry of Foreign Affairs and Trade on Pacific Property Systems Project, a project for the design and construction of new chanceries and staff housing across the Pacific region. This project utilises a ‘master’ per-construction services arrangement under which separate design and construct contracts can be awarded on a package-by-package basis.
Te Pūkenga – New Zealand Institute of Skills and Technology on the High Priority Building Upgrades Project, which includes the contract for the remediation works required at the Eastern Institute of Technology following damage caused by Cyclone Gabriel. This project required a flexible contracting approach with an ability for the principal to instruct significant further packages of works on an as required basis.
Contentious construction advice
Downer High Court construction disputes
Acting for Downer in multi party construction litigation in the High Court, including acting on the resolution of the Sylvia Park shopping centre proceedings.
Delay, disruption and variation claims – arbitration
Acting for the main contractor defending an arbitration brought by a sub-contractor concerning claims for delay and disruption, and variations for a major Auckland development.
Insurance claim regarding structural damage
Represented Vero Insurance and a panel of insurers, defending proceedings brought by Lincoln University arising from earthquake claims about structural damage to 12 major buildings on campus.
Insurance and regulatory issues arising out of NZICC fire
Advising Fletcher Construction following the fire during construction works on the New Zealand International Convention Centre, including on insurance and regulatory issues.
Power plants dispute
Acted for a major electricity supplier and for a head contractor on disputes arising out of the construction of three new power stations and generation facilities, including variation, delay and prolongation, breach of warranty and defect claims.
Building defects
Acted for owners, developers, builders, subcontractors, suppliers and guarantors on leaky building and other building defect claims (e.g. structural issues, subsidence) for a variety of buildings, including tower blocks, office developments, a stadium, university buildings, large residential apartment and townhouse developments, and standalone residential homes.
"The team is able to not only identify the issues and possible solutions to a problem, but to go further to help us find a pathway through that issue in a way that mitigates risk and achieves our organisation’s objectives. The team has been working with our in-house team for less than two years and in my experience it is really rare to have a team so quickly understand our complex organisation’s objectives, risks and drivers in the way that Bell Gully has done."
IFLR1000 2022 - Tier 1
"Bell Gully has the most experienced and knowledgeable team and cover every aspect of investments in real estate. We consider Bell Gully to be the leader in the market and to provide service of comparable quality with other larger, multinational legal firms globally."
The Legal 500 Asia Pacific 2024 - Tier 1
"The team is an exceptionally strong group, who are commercial, pragmatic, efficient, very responsive and great to deal with."
The Legal 500 Asia Pacific 2022 - Tier 1
"We have been working them for seven years. I think they are very professional and reliable lawyers. I have several good memories in which we had overcome situations. Apart from their skill and knowledge, they are good people. They understand what we need and what is our ultimate goal. I am pretty sure that I can introduce them to my friends as the best lawyers in NZ."
The Legal 500 Asia Pacific 2021 - Tier 1
