The contract documentation required for energy projects is often industry-specific. Kensington Swan has specialist expertise and experience in this field. Our team is familiar with the standard forms currently used, and how they need to be adapted to follow New Zealand law and practice.
Energy sector specialists
We have broad experience across a variety of energy infrastructure projects, including:
We have worked on projects involving transmission and distribution networks, power station maintenance, and oil and gas exploration.
We have advised New Zealand and overseas parties on a range of energy infrastructure projects in New Zealand, Australia, Fiji, Samoa, Tonga, and the UK. We apply international best practice to New Zealand projects, and assist New Zealand clients with understanding practice overseas.
Our clients include international joint ventures, contractors and suppliers, and leading New Zealand-based contractors, consultants, and subcontractors.
Understanding all sides of these complex commercial structures enables us to provide thorough and effective advice.
The NZS 3910 standard construction contract is unsuitable for complex energy projects. We have the knowledge to advise you on the most suitable alternatives. These include international standard contracts such as NEC, FIDIC, LOGIC, and ENAA.
Resource management and iwi issues
As well as infrastructure contracts, we also advise on resource management and iwi issues associated with power projects. These types of projects need to be looked at ‘in the round’, so all issues are managed in ways that complement each other.
Disputes regularly arise in the energy sector. We are experts in a variety of dispute management techniques, including mediation, adjudication, arbitration, and court.
Te Mihi geothermal power station
We advised on the construction documentation for the Te Mihi geothermal power station, assisting with the contracts, subcontracts, and guarantee documents. We developed robust contract structures that accurately allocated the intended risk profile.
Ahuroa gas storage facility
We assisted with developing the construction document for the new gas storage facility at Ahuroa. This involved advising the main contractor on the EPC contract and ongoing contract management issues. The result was a sound initial contract structure and an acceptable price for both parties.
Electricity substations in Fiji
Kensington Swan advised the main contractor on the FIDIC contracts for the construction of five electricity substations in Fiji.
Kopunui gas field
We advised the main contractor in a major dispute with the principal. We helped to negotiate a mediated settlement, after the case was referred to adjudication under the Construction Contracts Act. The dispute management strategy we devised resulted in the speedy and cost-effective resolution of a major and complex dispute.