Construction projects are only getting more complex, and the cost of getting it wrong has never been higher. Join leading construction law specialists for a fast-paced, practical morning that gives you the strategies you need to protect your clients and your practice. Discover how to structure the contract and win work on public private partnerships, future-proof projects against ESG and climate risk considerations, navigate liquidated damages and penalty clauses with confidence, and tackle delay and disruption claims head-on. Walk away with practical, ready-to-use insights. Don’t miss out – secure your place today!
Tuesday, 23 February 2027
Chair:
James Riddoch, Commercial Barrister, Canterbury Chambers
11.00am to 11.15am Break
Description
Attend and earn 4 CPD Hours
11.15am to 12.15pm Liquidated Damages and Penalty Clauses
- Dealing with time and deadlines: why projects have deadlines
- Scope and extent of liquidated damages
- Carrot or stick: alternatives to the same result
- Expansion of the penalty doctrine: developing issues from the Courts
Presented by Sam McCutcheon, Director, Reflective Construction Law
9.00am to 10.00am Public Private Partnerships
- The contractual structure of a PPP
- The bid phase: key legal considerations, including the interactive tender process and technical and commercial bid submissions
- From preferred bidder to contractual close: negotiating and finalising key project documents to enable financial close
Presented by Christine Gordon, Head of Legal NZ, ACCIONA
10.00am to 11.00am Future Proofing Your Project: ESG, Climate Risk and Sustainable Construction
- ESG and climate considerations for principals and contractors
- ESG considerations for each stage of a construction project’s life
- Climate risk and construction: constraints from many directions
Presented by Ana Coculescu, Barrister
Learning Objectives:
- Understand the contractual structure of a PPP and the key legal considerations from the bid phase through to financial close
- Identify ESG and climate risk considerations and how to future-proof against them
- Understand the principles governing liquidated damages and penalty clauses
- Examine the issues of delay, disruption and concurrent delay claims, and reducing delay risk through effective contract administration
12.15pm to 1.15pm Delay Claims + Navigating Concurrent Delay
- Causes of delay and their contractual consequences
- Proving delay claims through critical path analysis and project records
- Navigating concurrent delay
- Reducing risk: effective contract administration and early intervention
Presented by Kate Henderson, Senior Associate, Dentons
Presenters
Kate Henderson, Senior Associate, DentonsKate is a Senior Associate and construction specialist within Dentons' Major Projects and Construction team in New Zealand. She provides project advice from initial stages to completion, and acts on a wide range of infrastructure and construction disputes. Kate regularly advises clients on a diverse range of issues arising during a project’s life cycle, including amongst others, the resolution of payment disputes, variation and extension of time claims, and is well versed in a variety of standard form construction contracts. She has extensive experience advising clients on defect claims, including weathertightness defects. She is experienced in the resolution of disputes by way of mediation, arbitration and court proceedings and has particular experience with and interest in adjudication.
Ana Coculescu, Barrister
Ana Coculescu is an independent environmental, planning, and resource management barrister based in Wellington, New Zealand. With nearly two decades of legal experience across New Zealand and Australia, she specializes in resource consenting, fast-track infrastructure approvals, and climate regulation/ESG compliance. Prior to joining the independent Bar in March 2026, she spent over five years as a Senior Associate in the Environment and Planning team at Dentons Wellington and previously practiced for nearly a decade at top-tier and boutique firms in Sydney, including Baker McKenzie. Dual-admitted to practice in both New Zealand and New South Wales, she holds a Bachelor of Laws and a Master of Laws in Environmental Law from the University of Sydney, alongside European law degrees from Paris and Aix-Marseille. Her diverse client base spans local councils, private property developers, major corporations like Kmart NZ, and crown entities such as the NZ Transport Agency and the Environmental Protection Authority.
James Riddoch, Commercial Barrister, Canterbury Chambers
James is a specialist front-end construction lawyer with expertise in the procurement, contracting, and delivery of construction projects across a range of industries. He also provides probity advice on significant and sensitive public sector projects. James joined Canterbury Chambers as a commercial barrister in May 2025 and was previously a partner in the construction team of a national firm. Earlier in his career he spent over a decade working in London where he was recommended by the UK Legal 500 for his work in development in the social housing sector. James sits on the South Island Regional Committee of Property Council New Zealand, is the immediate past Chair of the South Island Region, and a past director on Property Council’s national board. Prior to his move to the bar he was ranked by Chambers and Partners for construction. James has acted on, and provided procurement, contracting and in-project advice for major projects and programmes for Government ministries and Crown agents, local authorities (and their subsidiaries), contractors, owner developers, and consultants. He has experience in a range of sectors including social infrastructure (particularly social housing in New Zealand and the United Kingdom), residential, industrial, commercial, retail, hospitality, education, and primary (particularly dairy).
Christine Gordon, Head of Legal NZ, ACCIONA
Christine Gordon is an corporate attorney specializing in construction, infrastructure, and commercial law, currently serving as the Head of Legal - New Zealand at international infrastructure giant ACCIONA. Based in Auckland, she transitioned to this executive position in April 2026 after establishing a strong track record across New Zealand's top-tier law firms.
Sam McCutcheon, Director, Reflective Construction Law
Sam is a Director at Reflective Construction Law. Sam has worked in New Zealand and the United Kingdom and specialises in providing clients with practical and pragmatic advice on a wide range of matters. With an extensive commercial background Sam appreciates the commercial drivers in any given project and will work with you to achieve the best outcome. Sam is able to advise on all stages of a project, from procurement strategies all the way through to resolution of any disagreements that may arise. In addition to construction, Sam has experience helping clients negotiate and agree development agreements, contracts relating to telecommunications infrastructure and general commercial contracts.
