AucklandNew Zealand

LLB (Hons), A.Arb.I.N.Z.

Nationality: New Zealander

Area of Expertise: Building and Construction, Commercial, Property and Property Planning

Legal System of Expertise: Common Law

Languages: English

LLB (Hons), A.Arb.I.N.Z. Simpson Grierson- Partner, Auckland

Graeme is a construction law partner in the commercial litigation group. He acts for national and international clients on all forms of dispute resolution.  He conducts arbitrations, and regularly appears in the High Court and Court of Appeal.  He has also appeared in the Fijian Court of Appeal and the Court of Appeal for the Cook Islands.

In 2011 Graeme appeared at Lausanne, Switzerland at the Court of Arbitration for Sport.   In  2013  he was appointed as  1  of  3 arbitrators for a  large  ICC international roading arbitration to be heard in London in November 2014 and January 2015.  The contract is based on Fidic conditions.

Graeme specialises in property and construction law.  He has more than 30  years’ experience of acting for principals,  consultants,  contractors, and subcontractors.  He provides advice on a  wide range of construction issues, including structuring and contract documentation, joint venture agreements, alliancing, partnering, guaranteed maximum price contracts, and code compliance. He also assists clients to resolve construction disputes by means of negotiated settlements, mediation, arbitration, adjudication, and litigation.

He has been involved in assisting in many construction projects in the Pacific region including PNG, Fiji, Western and American  Samoa,  Cook  Islands,  Tuvalu,  Noumea.  These projects have included roading and airport runways.

In addition, Graeme has considerable experience with the Health and Safety in Employment  Act. He has successfully defended a number of prosecutions involving fatalities, and appeared in coroners’ hearings.

Examples of work:

  • Assisting major institutional clients on the consequences of the Mainzeal receivership
  • Christchurch  rebuild,  including  Grand  Chancellor  Hotel  demolition,  EQC  housing refurbishment
  • Rolls-Royce  New  Zealand  – litigation  concerning  the  Kinleith  cogeneration  project  (New Zealand’s largest construction case to date) – Fidic conditions of contract
  • International consortium – refurbishment of Auckland’s waste-water treatment system (one of the largest civil engineering projects of its kind in the world)
  • Assisting Principals on ultra-fast broadband roll-out contracts and issues arising
  • Canam Construction – landmark Court of Appeal case on adjudication and the Construction Contracts Act
  • Contractors,  cladding  suppliers,  and  timber  suppliers  – major  “leaky  building”  claims including  Spencer  on  Byron,  C-Vu  Apartments,  Chancery,  Fox  Street  Apartments,  and Queenstown’s Greenstone Apartments
  • Major  infrastructure  projects,  including  Moa  Point,  Kupe  Gas  oilfield,  and  Pohakura  as  well as Waikato River Bridge
  • Major  construction  projects,  including  Auckland  Hospital  A+  $350  million  upgrade, University  of  Auckland  Business  School,  Auckland  Museum  Stage  II,  Civic  Theatre upgrade, Auckland University of Technology building programme, and Auckland Art Gallery
  • Westfield – successful defence of a substantial claim arising from a leasing dispute
  • OceanaGold – decline contracts for the Frasers underground gold mine
  • Ministry of Justice – large claim against contractor and architect concerning roof of Manukau court complex
  • Major stadium projects, including Eden Park New North Stand, Westpac Stadium, Hamilton
    Stadium, and Jade StadiumJoint venture undertaking Kiwi Dairy upgrade – successful arbitration
  • Aotearoa Kiwifruit Export – recovery of damages from the Zespri Group (a statutory single-desk kiwifruit marketer) for obstructing kiwifruit exports
  • Dispute relating to completion and taking over of the Te Rapa cogeneration plant

Other Credentials

  • Solicitor, England and Wales
  • New Zealand Society of Construction Law – Founding council member and presenter
  • Arbitrators and Mediators Institute of New Zealand – Member and commentator at seminars
  • University of Auckland  – former lecturer in School of Architecture and Planning,  guest lecturer in Faculty of Engineering.

Areas of expertise: Commercial Litigation, Construction, Dispute Resolution, Health & Safety, Property & Infrastructure

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