Print Andrew Hales
Andrew has wide-ranging civil litigation experience in New Zealand and has advised and appeared as counsel for developers, architects, contractors and sub-contractors in the High Court, District Court and Weathertight Homes Tribunal. Andrew has also appeared as junior counsel in the Court of Appeal of New Zealand. He has acted in adjudications and represented clients in mediation and arbitration. Andrew has also provided advice in relation to contentious and non-contentious planning and resource management issues.
In the UK Andrew has assisted in the resolution of disputes in the Technology and Construction Court and in domestic adjudications regarding contract formation, novation, performance guarantees, final account valuations, variations, and claims for extension of time and associated loss and/or expense.
Specialist expertise
Andrew has principally been involved in international arbitration matters including arbitrations under the ICC and ICSID Rules concerning disputes arising from multimillion dollar bespoke EPC contracts for projects in the energy sector. These disputes have covered a variety of issues including contract interpretation, delay and disruption, loss and/or expense claims, defective works, repudiation and termination.
Examples of Andrew’s expertise include:
- Acting for a state owned entity in ICC arbitration proceedings regarding operation and maintenance of a major oil pipeline in Caspian region.
- Acting for an EPC Contractor in ICC arbitration proceedings arising out of the construction of the Baku-Tbilisi-Ceyhan (BTC) Crude Oil Pipeline Project in Turkey.
- Acting for an EPC Contractor in two ICC arbitration proceedings regarding delay and disruption to construction of power and desalination plants in Dubai and Kuwait.
- Acting for an eastern European government ministry in dispute with main contractor in relation to railway electrification and improvement works under the FIDIC Yellow Book.
- Drafting claims for an EPC Contractor in relation to an oil and gas project in Kazakhstan.
- Acting for a local authority in adjudication proceedings regarding a final account dispute with contractor under a PPC2000 project partnering agreement.
- Acting for an EPC Contractor in relation to delay and disruption disputes with employer regarding construction of a gas-fired power plant in the UK.
Other activities
Andrew regularly contributes case-notes to the legal section of the Building magazine website and is a member of the Society of Construction Law.
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