Michael Weatherall

Michael is one of New Zealand’s pre-eminent construction lawyers and heads the firm’s Construction National Practice Group.

He has specialised in construction law since 1992, initially with the largest construction law firm in the UK, and since 1997 with Simpson Grierson.

Michael’s experience extends across virtually all industry sectors. His specialist expertise includes:

Major project procurement processes, structuring and documentation
Collaborative contracting, including alliancing and early contractor involvement, on complex projects
Public Private Partnerships (PPPs) and the use of private finance in the funding of infrastructure projects (BOOTs and DBFOs, including tolling)
Structuring and documenting building and infrastructure projects
Public sector procurement and probity
The resolution of construction and engineering disputes including adjudication, arbitration, dispute review boards, mediation, negotiation and other forms of alternative dispute resolution (ADR).

Michael is Past President and Honorary Life Member of the New Zealand Society of Construction Law.

He is Co-Author of Lexis Nexis’ “Kennedy Grant and Weatherall on Construction”, New Zealand’s leading practitioner text.

Michael is a member of the Standards New Zealand Committee which drafted the New Zealand Standard Conditions of Contract for Construction and Engineering Projects, NZS3910:2023, and associated suite of contracts.

He is listed in Expert Guides ‘Best of the Best Global’ Top 30 Construction Practitioners Globally.

Asia Pacific Legal 500 2024

Construction & Transport

Leading Lawyer (Hall of Fame)

Asia Pacific Legal 500 2024

Projects

Leading Lawyer

Chambers Asia–Pacific 2024

Construction

Leading Lawyer

IFLR 1000 2024

Project Development

Highly Regarded

Work Highlights

NZ’s largest major projects

Michael is New Zealand’s most experienced major projects lawyer, having led the legal teams in the principal legal adviser role on many (if not most) of NZ’s largest major projects.

$5 billion+ Auckland City Rail Link
Lead adviser to City Rail Link Limited (and previously Auckland Transport) from pre-procurement to execution of the Project Alliance Agreement.

$1 billion+ Watercare Central Interceptor Project
Lead adviser on the Central Interceptor Main Works project, one of the largest and most $1 billion+ Watercare Central Interceptor Project complex infrastructure projects ever undertaken in New Zealand.

$600 million+ Te Kaha Multi Use Arena
Lead adviser to the Christchurch City Council on the procurement and construction of this state-of-the-art 30,000 seat stadium in Christchurch. The procurement stages of this project utilised a highly successful early contractor involvement phase.

$Multi billion Watercare Enterprise and AUR capital works projects
Lead adviser to Watercare.

$Multi billion NZTA Integrated Delivery Model for delivery across New Zealand of NZTA’s Asset and Network management programme.

$1 billion+ Transmission Gully PPP
Led the legal team advising the successful Consortium/ SPV (Wellington Gateway Partnership) and Main Contractor (Leighton Contractors/HEB Construction).

$1.8 billion+ Transpower North Island Grid Upgrade and HVDC Upgrade Projects
Lead adviser on all aspects of this hugely complex project including multiple concurrent and sequential packages.

$3 billion+ SCIRT post EQ rebuild of Christchurch’s horizontal infrastructure
Lead adviser to Christchurch City Council.

PPPs

Michael has had a lead role on many of the PPPs undertaken in New Zealand.

Transmission Gully
Michael led the legal team advising the successful sponsor consortium/SPV and Main Contractor.

Hobsonville Schools PPP
Lead adviser to a bidding consortia and contractor.

Puhoi to Warkworth
Lead adviser to contractor as part of bidding consortia.

Wiri Prison
Lead advisor to a bidding consortia and contractor.

PENLINK Toll Road
Lead adviser and principal drafter of concession agreement. This was the first PPP Toll Road to go to market in NZ (unfortunately cancelled for political reasons).

Vector (now Spark) Arena
Lead adviser to Auckland Council on this DBFO contract and principal drafter of ‘simplified’ DBFO PPP model which was subsequently the basis for several other NZ projects.

Collaborative Contracts and Early Contractor Involvement

Michael has been at the forefront of the use of collaborative contracting, including alliancing and early contractor involvement in New Zealand.

Alliance contracts including the $5 billion+ Auckland City Rail Link, the $800 million North Island 400kV upgrade project, and the $3 billion+ SCIRT Alliance for the post-earthquake rebuild of Christchurch’s horizontal infrastructure.

Innovative ‘Pre-Contract’ and ‘Early Contractor Involvement’ models, including most recently the highly successful ‘Pre-Contract Services’ model utilised on the $500 million+ Te Kaha Canterbury Muti Use Arena.

Innovative ‘Target Cost’ structures such as on the New Dunedin Hospital Project.

Collaborative framework contracts for delivery of large scale capital works and upgrades and renewal programmes including $multi billion Watercare Enterprise and AUR capital works projects and the $multi billion NZTA Integrated Delivery Model.

Dispute Resolution

Michael has been the lead legal adviser on a large number of construction disputes ranging from tens of thousands to hundreds of millions of dollars.

Principal (Local Authority) on several negligence claims against design consultants.

Head contractor on an adjudication dispute relating to large National motorway project.

International head contractor on disputes arising in relation to construction of a milk powder plant (one of the largest of its type constructed worldwide).

New Zealand head contractor on an adjudication dispute relating to a milk powder plant.

Employer and engineer (parties to the contract) on major disputes arising on State Highway 20 project in South Auckland.

Employer on disputes in relation to $250 million underground transmission line project.

Local Authority employer on disputes relating to operation of a landfill.

Employer on disputes in relation to $300 million transmission line upgrade project (undertaken under an Alliance contract).

Employer (Manukau Institute of Technology) on issues arising from insolvency of Mainzeal Construction, the head contractor on the new MIT business school and transport centre in Manukau.

Head contractor on an adjudication dispute relating to construction of the new Otago stadium.

Head contractor on disputes in relation to construction of Christchurch International Airport.

Head contractor on issues arising from insolvency of the developer on the Kawarau Falls development in Queenstown.

Employer on disputes with the head contractor (NZ/international consortium) on the Second Manapouri Tailrace Tunnel, one of the world's largest hard rock tunnelling projects (involving Dispute Review Board).

Architect on insurance claims arising from a commercial development in Auckland Head contractor on a dispute with employer arising from acoustic issues on gymnasium project.