SERVICES & EXPERTISE
Infrastructure and Construction
Specialists
We have specialist infrastructure and construction lawyers based in the Bay of Plenty. Our team have decades of experience across all stages of a project lifespan – from initial procurement strategy and funding to preparing and negotiating complex construction and operation contracts, as well as handling dispute resolution if needed.
We are known for our expertise in procurement and construction both here and throughout New Zealand and frequently work with various clients including government agencies, developers, councils, and contractors.
Our lead partners in this space both bring their experience from large Auckland firms with significant infrastructure and construction practices and bring this experience to Sharp Tudhope.
Expertise
- Alliancing
- Construction Contracts Act adjudications
- Construction disputes
- Funding arrangements
- Government Rules of Sourcing and NZTA/Waka Kotahi Procurement Manual
- Infrastructure commercial and operational arrangements
- Infrastructure development contracts
- Pre-letting negotiations
- Probity advisory/audit services tendering
- Procurement strategy
- Project finance
- Public Private Partnerships and other public/private procurement models
- Special Conditions of Contract (NZS3910/16/17, FIDIC, NEC)
- Tendering (NZ Qualified tender evaluator)
Key People
Richard Kettelwell (Partner) works with and advises on NZS3910 and its sibling contracts NZS3916 and NZS3917 most days. Richard is also a qualified tender evaluator with significant experience in the procurement of roading and three waters contracts (both maintenance and capital works) for councils throughout New Zealand. Richard is known within the civil contracting community through his role as past chairperson of the Bay of Plenty Branch of Civil Contractors New Zealand.
James Dow (Partner) is experienced with complex project financing, corporate structures and public / private procurement models. He has advised clients on a wide range of high-profile transactions at top tier law firms in New Zealand and internationally during his time at a global law firm in London. James has acted for both public and private sector clients and has an in-depth knowledge of the interface between different aspects of funding, financing, construction and operation.
Hamish Murray (Partner) is well regarded for his preference for understanding the practical aspects of a project before the legal advice is given, his attention to detail, and exceptional client service. Hamish has extensive experience with all aspects of commercial property and land development. His clients are substantial land developers and investors. His work includes subdivisions, infrastructure agreements, leasing and property due diligence.
James Hakaria (Partner) regularly advises contractors and principals on their rights and obligations under the relevant building contract and at law, with a particular focus on the Construction Contracts Act 2002 and the Building Act 2004. James also provides practical advice when disputes arise, from when projects are still on foot and relationships and timeframes are delicate, to post completion and Adjudication or Court proceedings are contemplated.
Experience
Recent experience includes:
- (2024) Advised BayTrust, TECT, Trust Horizon and Rotorua Trust on their investment into the Bay of Plenty Housing Equity Fund established to deliver affordable housing solutions.
- (2024) Waitomo District Council network road maintenance contract procurement (Probity)
- (2023) Waitaki District Council – Kakanuni Bridge replacement professional services procurement (Probity)
- (2023) Western Bay of Plenty District Council – Advice re interim network road maintenance contract procurement and NZTA/Waka Kotahi
- (2023) Contract advice (NZS3910) for Bay of Plenty wastewater treatment facility. Value $55m.
- (2022) Advising developer on Sands Town Centre development, Papamoa.
- (2022) Probity – South Island Three waters maintenance and renewals contract. Value $145m.
- (2022) Waka Kotahi NZ Transport Agency (Taranaki) probity advisor for SH4 roundabout procurement. Value $14m.
- (2022) South Island Roading Maintenance Contract. Probity Advisor. Value $25m.
- (2022) Contract Advice re North power Standing services agreement. Value undetermined.
- (2021) Advised the bank group on the Schools 2 Public Private Partnership expansion.
- (2021) Contract preparation (NZS3910) Ballance Agri-Nutrients head office. Value $2.2m.
- (2021) Buller District Council contract preparation (NZS3916) Head office and civil defence centre upgrade. Value $5m.
- (2021) Contract negotiation (NZS3910) Auckland Apartment Building. Value $50m.
- (2020) Advised a Council Controlled Organisation on the corporate structuring for delivering various infrastructure assets.
- (2020) Advised Auckland Transport and Waka Kotahi NZ Transport Agency as the owner participants in a peer review role of the Supporting Growth Alliance established to identify and protect the transport networks required to support and connect Auckland’s future growth areas over the next 30 years.
- (2020) Power Co Triage Facility Building Alteration (NZIA Short Form). Value $185,000.
- (2020) Advised developer on Terrace Views subdivision (440 lots).
- (2019) Probity – South Island Network Road Maintenance Contracts. Value $230m.
- (2019) Advised Ōtākaro Limited on the 10-year operator management and services agreement for the operation of the Te Pae Christchurch Convention Centre anchor project.
- (2019) Advised Goldman Sachs the $220 million 30-year concession to operate Sky City’s casino and international convention centre parking assets.
- (2019) Advised on the procurement, commercial arrangements and funding of a hydrogen plant and refuelling station.
- (2018) Advised Accident Compensation Corporation on the commercial arrangements and debt financing for the Crown Infrastructure Partners Limited “Project One”. This involved the structuring and financing of bulk infrastructure construction to accelerate the Milldale Housing Development, which is funded via a distributed 30-year infrastructure charge.
- (2018) Advised the Ministry of Transport on the procurement of the Auckland City Centre to Mangere light rail project.
- (2018) Northland Transportation Alliance Road Maintenance Contracts. for five road maintenance contracts for Whangarei DC, Far North DC, Kaipara DC, and Waka Kotahi NZ Transport Agency. Value $450m.
- Legal assistance/support provided to a wide range of public and private sector clients on procurement and construction issues.
We believe our experience and capability within the infrastructure and construction space are second to none in the Bay of Plenty. We would be very happy to discuss how our services might fit with any upcoming infrastructure and construction requirements you might have.