Recently, I have had many clients come to me asking how they can best work under an Early Contractor Involvement (ECI) contract. In today's market, ECI is becoming increasingly common, particularly where projects are complex, the design is still developing, the programme is tight, or the client wants greater cost certainty before committing to construction. On paper, the idea is straightforward: involve the contractor earlier so that practical construction knowledge can influ

Over the past month, there has been a noticeable shift in sentiment across the New Zealand construction industry. After several years of uncertainty, project delays, rising costs, and reduced development activity, there are increasing signs that confidence is beginning to return. Contractors are reporting more tender opportunities, infrastructure investment is gaining momentum, and many businesses are cautiously optimistic that the market is moving in a more positive directio

Last week, I sat across from a subcontractor who had just received a deduction notice from their head contractor. The amount was significant. The reason given was liquidated damages passed down from the principal, applied in full, directly to them. They had not missed their programme. They had not caused the delay. But they were still being charged for it. When I asked if they had reviewed the LD clause before signing, they said what most people say: "We just assumed it was s

Yesterday, the Government delivered Budget 2026. For the construction and infrastructure sector, it was the announcement the industry has been waiting for. A $7 billion capital investment package. Roads. Hospitals. Schools. Rail. Expressways. Courthouses. The list is substantial, and for the first time in several years, the pipeline of public work is not shrinking. It is growing. And yet, as I read through the announcements, I kept coming back to one question. Is the industry

I have helped many companies, small and large, subcontractors and main contractors, to review their contracts, negotiate terms, understand risk allocation, and prepare themselves before signing up to a project. The more I do this work, the more I realise that the construction companies who protect themselves best are not necessarily the ones with the strongest lawyers or the most aggressive commercial teams. They are often simply the ones who are willing to ask questions befo

This Monday, when the Government released modelling suggesting diesel prices in New Zealand could potentially reach $5 per litre during a severe supply disruption, I was not actually surprised. What surprised me more was the thought that came immediately afterwards: If I could already see this coming… can we still call it an “unforeseen event”? That question stayed with me all week. Treasury modelling released alongside the Government’s updated fuel resilience framework sugge

Most financial losses in construction projects don’t come from major disputes or headline-grabbing claims. Instead, they often stem from small, everyday decisions made on site by teams who lack commercial awareness. These decisions might seem minor at the time, missing a notice deadline, failing to document an instruction properly, or accepting variations informally, but over the life of a project, they add up to significant financial loss. Having worked closely with construc

Delays are expected on construction projects. Acceleration is often presented as the solution. But what is less discussed is what happens in between. The moment when a project moves from entitlement to recovery. From claiming time to giving it back. This is where Extension of Time (EOT) meets acceleration. And this is where risk quietly shifts. This week, I was working with a contractor on a claim that sat precisely in that space. The project had experienced a series of delay

I was recently involved in an adjudication where one thing became clear almost immediately. One party had relied heavily on AI to prepare their submissions—the payment claim, the adjudication claim, and even the reply. At first glance, the documents appeared strong. The structure was clean, the language was polished, and the arguments were presented with a level of confidence that made the overall submission read as though it had been prepared by someone experienced. However,