MATT MALING
Partner
LLB, Otago
MConstrLaw, Melbourne
SPECIALIST AREAS
Construction Disputes
Infrastructure and Construction projects
Procurement
Project Advisory
CAREER HISTORY AND EDUCATION
2024 — present
Partner, Maling and Co
2016 — 2021
Director, New Zealand Opera Limited
2014 — 2017
Trustee, CoCA (Christchurch Centre of Contemporary Art
2010 — 2024
Partner, Lane Neave, Christchurch and Auckland, NZ
2010 — 2013
MConstrLaw, University of Melbourne
2008 — 2009
Senior Associate, HWL Ebsworth, Sydney, Australia
2007 — 2008
Senior Associate, JR Knowles, Sydney, Australia
1999 — 2007
Lawyer, Lane Neave (partner from 2006)
1993— 1999
Travel
1990 — 1993
LLB, Otago University, NZ
EXPERTISE
Advising on, drafting and negotiating project agreements including:
Tender Documents;
Construction contracts / subcontractor agreements;
Operation and maintenance agreements;
Agreements for consultant’s engagement and agreements for services including using CCCS and NZIA Short and Long Form Agreements;
Direct deeds and tripartite agreements with funders.
The use of standard form contracts including: NZS3910; NZS3916; NZS3915, NEC, FIDIC, and AS contracts.
Procurement (including Government procurement).
Adjudications under the Construction Contracts Act 2002.
Court litigation and Arbitration.
Alternative dispute resolution (mediation, judicial settlement conferences and expert determination).
Project support and advice on issues involving breach of contract, delay, disruption and extensions of time, variations, defects, and termination.
SAMPLE OF PROJECTS
UNIVERSITY OF CANTERBURY
Advising with respect to UC’s capital works program ($1.16b). Work includes advice as to delivery methods, procurement, engagement of professionals, panel arrangements, pre-construction services agreements with contractors, construction contracts, and dispute resolution. Projects include:
CETF (Engineering)
RSIC (Science)
Rehua (New Education Block)
Structural Earthquake Lab
CANTERBURY EARTHQUAKE RECOVERY AUTHORITY
Providing advice in relation to CERA’s Anchor Projects, including advice in relation to delivery methods, obligations under the Government Rules of Sourcing, ownership and structuring, project related agreements, drafting construction contracts, clearing tender tags and negotiating/closing contracts. Projects Matt worked on with CERA include:
Te Papa Ōtākaro (Avon River Precinct)
Convention Centre
Bus Interchange
Margaret Mahy Amazing Playground
‘Breathe’ (residential demonstrator project); and
He Taone Watea (An Accessible City)
MINISTRY OF JUSTICE
Peer review of the construction contract for the new Justice Precinct in Christchurch
Providing advice to Lyttelton Port Company in respect of various projects.
Resolution of disputes.
LYTTELTON PORT COMPANY LIMITED
QUEENSTOWN AIRPORT CORPORATION LIMITED
Advising QAC in respect of its master plan including drafting RFT’s and professional services agreements for consultant team.
WELLINGTON INTERNATIONAL AIRPORT
Advising Wellington International Airport in respect of its southern terminal expansion and apron runway works including advice as to delivery method (ECI), drafting tender documents, pre-construction services agreement and construction contract
ORION NEW ZEALAND LIMITED
Providing advice and contract drafting in respect of the Bromley to Milton cable civil works project (target cost contract with pain share / gain share compensation mechanism).
Advising Orion in respect of the construction of its new head office, including drafting and negotiating D&C contract and related project agreements for IL Four building.
CONNETICS NEW ZEALAND LIMITED
Drafting framework agreement for term service delivery partners (Canterbury electricity network).
Review EPC contract and provide advice in respect of Solar Farm interconnection assets.
Advising Connetics in respect of the construction of its new head office and warehouse facilities.
COCO COLA EUROPACIFIC PARTNERS LIMITED
Advising and drafting rail siding agreement for Auckland distribution centre.
NEW ZEALAND DEFENCE FORCE
Project advice (all details confidential).
CHRISTCHURCH CONVENTION CENTRE
Independent advisor to Engineer to Contract.
AG RESEARCH NEW ZEALAND LIMITED
Advising Ag Research in respect of methane capture facilities (includes drafting construction contract and advice re partnering arrangements)
CHRISTCHURCH INTERNATIONAL AIRPORT LIMITED
Providing procurement and project delivery advice to Christchurch International Airport and preparing contract and tender documentation in relation to infrastructure works (runway apron works) using a co-operative contacting model.
Dispute resolution advice and assistance in respect of time related and costs claims in respect of the new terminal buildings.
TE RŪNANGA O NGĀI TAHU
Providing advice for Ngāi Tahu Property in respect of its commercial development at Wigram Skies and on the King Edward Barracks site (a large scale multi building commercial development - $150m+).
NZ SKI LIMITED
Providing advice and assisting with negotiations in respect of Shadow Chair contract, Remarkables, Queenstown (design, supply and install contract with Austrian supplier – FIDIC yellow book).
Successful application to the High Court recover monies following liquidation of construction manager in respect of the new Remarkables’ base building (statutory and constructive trust case).
Provide advice in respect of water treatment plant for Coronet Peak.
AUCKLAND TROTTING CLUB
Providing advice and drafting design build contract (NZS3916) for the Blues High Performance Training facility at Alexandra Park.
Drafting construction contracts and providing project advisory services in respect of stages A and B of the development at Alexandra Part (at the time the largest mixed residential development in New Zealand) ($200M +).
Providing advice as to termination of contract, resisting injunction preventing call on performance bond and subsequent successful arbitration against defaulting contractor ($80m plus award)(multiple causes of action and arbitration running over a six month period – responsible for a team of four barristers and five lawyers).
AWLY BUILDING
Acting for a private developer in respect of the 12,000m2 commercial office/retail development at 287-293 Durham Street.
DELOITTE BUILDING CHRISTCHURCH
Acting for private developer in respect of the 5,500m2 commercial/retail development at 151 Cambridge Tce (Deloitte Building).
141 CAMBRIGE TCE (LANE NEAVE BUILDING CHRISTCHURCH)
Acting for the private developer of the of the 5000m2 office/retail development at 141 Cambridge Tce.
ISAAC THEATRE ROYAL
Drafting construction contract and providing advice in relation to earthquake repairs works to the Isaac Theatre Royal (one of the few heritage restoration projects undertaken in Christchurch since the 2010/2011 Canterbury earthquakes.
SOLID ENERGY LIMITED
Advising in respect of capital works and mining related infrastructure (numerous projects ranging in value between $10M and $150M).
WYONG SHIRE COUNCIL (NSW)
Advising on procurement delivery method, drafting tender documents and construction contract and ongoing advice throughout the tender process for AUS$170M+ Commonwealth funded water transfer process (pipelines, dams, pumping stations and water off-take stations).