The Special Conditions

This week we unpack limitation periods in construction disputes - and when a claim is simply too late.

We discuss contractual limitation periods, warranties, theLimitation Act 2010, the Building Act’s 10-year longstop, and recent cases showing why getting the dates wrong can be fatal to a claim. We also explore when the clock actually starts running, and why that question is often where these disputes are won or lost.

This week , we’re joined by Ed Hyde,Chief Transformation & Technology Officer at Genesis,  to discuss the strategic evolution energy principals, developers and asset owners in New Zealand are now facing as they scale their energy pipelines. We explore the shift from early partnering models and one-off delivery approaches towards building the capability, frameworks and investment settings needed to support repeatable, long-term delivery at scale.

In this episode, Corporate Partner Rachel Dunne joins the podcast to discuss how capital markets influence infrastructure investment in New Zealand.

The conversation explores whether New Zealand is an attractive market for global infrastructure investors, the key non-negotiables investors look for, whether IPOs are a realistic option for infrastructure assets, and the importance of bankability in getting projects off the ground. Rachel also shares practical insights on the legal and commercial issues shaping investment decisions in this space.

This week, we unpack the Government’s response to the Infrastructure Commission’s National Infrastructure Plan. With 16 recommendations accepted, we look at the key themes shaping the future of infrastructure in New Zealand, including a stronger focus on maintenance, better reporting, more realistic planning around what the country can afford, and a greater role for private capital.

We also discuss what it means that the plan has cross-party support, and why that matters for long-term delivery.

In this episode, Sam and Hamish discuss alternative dispute resolution in New Zealand’s construction and infrastructure sector.

They explore why disputes arise so often on complex projects, why formal processes are not always the best answer, and practical options for resolving issues efficiently while keeping projects moving and relationships intact.

This week, Hamish and Sam discuss The Cost of Stopping, a new report by economist Shamubeel Eaqub estimating that stop-start infrastructure decision-making has cost New Zealand taxpayers $11.8b over the past 25 years. They unpack where those costs lie, consider how international experience compares, and discuss reactions to the report and its recommendations.

This week, Hamish and Sam unpack the Government’s latest Budget and what it means in a time of economic uncertainty.

They discuss the key infrastructure commitments, how the next few years may compare with the last, and whether the Budget sets a credible path forward. They also consider the Opposition’s response and the counterfactual: what might a Labour Government have done differently? A timely discussion on the choices shaping New Zealand’s economic future.

In this episode, Hamish and Sam take a closer look at the NZCIC guidelines and their ongoing relevance for the construction sector.

They unpack what the guidelines are designed to achieve, the key issues they raise for principals, contractors, and consultants, and how they continue to shape expectations around procurement, contracting, and project delivery.

They also discuss where the guidelines carry real practical weight, and where challenges can still arise in applying them on the ground.

In this episode, Hamish and Sam break down the proposed law reform on proportionate liability, why it matters, and what could be addressed in the upcoming changes.

They explore the current regime, what to expect from a possible amendment bill later this year, and the key question at the heart of the debate: who should be responsible when something goes wrong?

Fresh off the plane from Infrastructure New Zealand’s delegation to Sweden and Norway, Hamish is buzzing with ideas.

In this episode, he joins Sam to unpack what New Zealand can learn about the Nordic approach to infrastructure funding, including tax settings, user-pays models, and the balance between local and central government.

He also dives into the role of consensus in decision-making, the realities of cost escalation and overruns, and why even the biggest mega projects can fail. He shares insights from visiting major infrastructure projects first-hand, explores how these systems power themselves, and discusses the rise of datacentres – including why New Zealand may be uniquely well placed to become a serious player in this space.