With Building Act reforms and the proposed shift to proportionate liability, cost escalations and increasing building company insolvencies construction disputes are becoming increasingly more common and more complex. Explore the statutory reforms, the case law and the strategies you need to you need to about. Gain insight from the leading construction lawyers to enhance your abilities to manage increasingly difficult construction law disputes.
Thursday, 5 November 2026
Description
Attend and earn 4 CPD hours
Chair:
Mark Gillard, Special Counsel, Bell Gully
4.15pm to 5.15pm Managing Contractor Insolvency and Project Failure Risk
- Warning signs of financial distress and contractor collapse
- Contract drafting strategies to minimise insolvency exposure
- Security instruments, retentions, bonds and step-in rights
- Responding when a contractor enters liquidation, receivership or voluntary administration
Presented by Kathryn Lydiard, Barrister, FortyEight Shortland Barristers
2.00pm to 3.00pm Payment Claims, Payment Schedules and Adjudication
- Drafting compliant payment claims and payment schedules
- Common errors that lead to payment disputes and unenforceable claims
- Strategic use of adjudication to secure payment or defend claims
- Recent adjudication and court decisions every construction lawyer should know
Presented by Karen Kemp, Partner, Anthony Harper; Recommended Construction Litigation & Disputes Lawyer, Doyle’s Guide 2026
3.15pm to 4.15pm Cost Escalation, Variations and Commercial Risk Management
- Managing inflation, labour shortages and supply-chain pressures
- Pricing mechanisms and contract clauses that allocate escalation risk
- Variations, extensions of time and claims for additional costs
- Lessons from recent disputes arising from cost overruns and project delays
Presented by Lauren Whitehead, Partner, Anderson Lloyd; 2026 Best Lawyers in New Zealand Construction Law, and Steve O'Dea, Partner, Anderson Lloyd; Author of the NZ Construction Law Chapter in the Chambers Global Practice Guide (2022-2024)
1.00pm to 2.00pm Building Act Reforms and Shift to Proportionate Liability
- The proposed move from joint and several liability to proportionate liability
- Practical implications for developers, councils, contractors, consultants and insurers
- Managing litigation, settlement and contribution claims in multi-party disputes
- What construction lawyers should be doing now to prepare clients for the changes
Presented by Helen Macfarlane, Partner, Hesketh Henry; Recommended Construction Litigation & Disputes Lawyer, Doyle’s Guide 2026
Learning Objectives:
- Understand the proposed Building Act reforms and the practical implications of moving from joint and several liability to a proportionate liability regime.
- Strengthen your ability to advise on payment claims, payment schedules and adjudication processes under the Construction Contracts Act.
- Identify effective contractual and dispute management strategies for dealing with cost escalation, variations, delays and project overruns.
- Develop practical approaches to managing contractor insolvency, protecting project interests and responding to project failure scenarios.
3.00pm to 3.15pm Afternoon Break
Presenters
Mark Gillard, Special Counsel, Bell Gully
Mark is a specialist construction lawyer with over 20 years of experience advising clients on the procurement and delivery of major construction and infrastructure projects in both New Zealand and Australia. He has advised on the procurement and delivery of some of the largest and most complex public transport projects in Australia, including the Sydney Metro Northwest and Sydney Light Rail. Having spent extended periods embedded within project delivery teams, he is skilled at combining competing contractual, commercial and technical drivers to produce a best for project approach.
Kathryn Lydiard, Barrister, FortyEight Shortland
Kathryn commenced her legal career in 2012 in the commercial litigation group of a large Auckland law firm focusing on construction litigation. Kathryn appeared as junior counsel before the Weathertight Homes Tribunal and High Court, including a number of appeals and judicial reviews. Kathryn also represented clients in insolvency proceedings and was involved in providing advice on a broad range of contentious issues. From 2017 – 2021, Kathryn worked at two commercial firms in Auckland. Her practice was varied and the subject matter she advised clients on included construction law, breach of contract, debt recovery, intellectual property, insolvency and contempt of court. She also advised clients in drafting and reviewing construction contracts. Outside of work Kathryn enjoys spending time mountain biking with family and friends.
Steve O'Dea, Partner, Anderson Lloyd
Steve is a specialist in infrastructure and construction transactions and project troubleshooting, valued for his pragmatic, commercially grounded advice. With over a decade of experience across New Zealand, Singapore, and the UK, including working closely with engineers and delivery teams, he combines deep legal expertise with a real-world understanding of how projects are delivered. Steve provides a comprehensive approach, working with clients to develop and launch their projects and then supporting those clients to navigate the various challenges and disputes that are common on such projects. His proactive and pragmatic attitude is popular with clients, with one client reporting: “He seems to give our work very high priority, his advice is good and practical and he is simply a thoroughly nice person to deal with”. Steve has worked for national and international law firms in both Singapore and London. He relocated from London in 2017 to join Anderson Lloyd’s projects team. Steve is a qualified solicitor of the Supreme Court of England and Wales (although no longer practising in the UK) and a practising barrister and solicitor of the High Court of New Zealand.
Helen Macfarlane, Partner, Hesketh Henry
Helen practices in the cross-over areas of construction and insurance law, within which areas she provides both front-end and dispute resolution advice. She is a truly international lawyer, having been admitted as a barrister in London before working in New York for 15 years with leading law firm, Shearman & Sterling (now A&O Shearman), including on major construction disputes. Helen advises on projects in the commercial and infrastructure space, including front-end contract drafting and negotiations, advising during project construction, and handling disputes ranging from payment claim / EOT disputes to defending defective design and construction claims in High Court proceedings. Complementing her construction expertise, Helen’s insurance practice includes advising on professional indemnity, third party liability, material damage and contract works policies and acting as defence counsel in construction related professional indemnity claims. Helen is the current President of the New Zealand Society of Construction Law (NZSCL) and is individually recommended by Legal 500 as a leading construction lawyer and by Chambers as a Notable Practitioner in Insurance.
Karen Kemp, Partner, Anthony Harper
Karen Kemp is an experienced commercial litigator, with specialist expertise in construction and infrastructure disputes. Karen advises national and international clients and consortiums on significant projects across New Zealand, partnering with them to provide smart, strategic advice and practical risk and dispute management solutions. Karen is an appointed Adjudicator on the Construction Panel with Contracts Act, a position that recognises her expertise and seniority in the sector. An expert in a wide range of construction claims and disputes, including under NZ Standard Forms, complex PPP structures and NEC contracts, Karen is trusted for her practical and deep technical knowledge of the sector. She acts for construction and infrastructure clients (including contractors, principals and subcontractors), and for companies and individuals in general litigation. She regularly acts on complex adjudications and arbitrations, also appearing as counsel in the High Court, District Court and Tribunals.
Lauren Whitehead, Partner Anderson Lloyd
Lauren Whitehead is a Partner in Anderson Lloyd’s Construction Energy & Infrastructure team. She advises clients on the procurement, delivery and operation of major infrastructure, construction and commercial projects across New Zealand. Lauren has extensive experience across transport, industrial and commercial property, forestry, agriculture and social infrastructure sectors, including advising on numerous Public-Private Partnerships (PPPs) during her time at a leading global law firm in Australia and as part of the recent wave of PPPs in New Zealand. Prior to joining Anderson Lloyd, she was Acting General Counsel and Senior Corporate Counsel at KiwiRail and previously practised at leading law firms in New Zealand and Sydney. Lauren was a member of the Standards New Zealand review committee responsible for the revision of NZS 3910:2023, New Zealand’s leading standard form construction contract. She also has significant experience in governance and commercial advisory matters and is a qualified mediator in both Australia and the United States. Lauren holds a Juris Doctor from Columbia University, an LLB from University College London and a Bachelor of Commerce from the University of British Columbia.
