The interpretation of consultancy agreements, procurement and tendering processes can give rise to complex issues. Chris gets the complexity and enjoy providing the solutions. Chris has been Counsel in several claims involving construction contracts and the enforcement of rights under the Construction Contracts Act. Chris likes working alongside quantity surveyors, architects as well as engineers to help achieve sensible commercial solutions to some complex construction claims.
Construction litigation can entail claims based in tort, often in negligence, or claims relating to the terms of the construction contract between the parties. The effect of variations and retention payments are of particular interest to us. The Construction Contracts Act 2002 applies to all such contracts entered into after 1 April 2003, whether or not governed by New Zealand law, and whether written, oral, or partly written and partly oral. Among other objectives, the Act provides mechanisms for timely payments between parties to construction contracts and remedies for the recovery of payments under construction contracts.
When a construction project significantly fails to go as planned, any delay to a resolution of the inevitable dispute that follows simply compounds the problem. Chris approaches construction litigation with the aim of resolving disputes as quickly and efficiently as possible so that the construction project is not compromised.