Our specialist construction practice provides building product liability advice at all stages - from designing a product through to manufacture, distribution, sale, and installation.
Our team has hands-on experience with complex building product liability questions. We understand the steps involved in conceptualising and bringing a product to market and have the technical expertise to understand product functionality. The intended usage and real-world application of the product can alter the potential areas of risk for a business selling, purchasing or installing a product. The New Zealand regulatory framework for building products is unique. Potential liability sits across contract, negligence and legislation (including the Building Code). We can advise how the legal and legislative framework fits into whichever aspect of the supply chain you are dealing with.
We act for clients throughout the supply chain as well as for purchasers or end users of defective building products. We advise and represent local and international corporates:
- carrying out due diligence on product performance;
- looking to expand their business by launching existing products into new markets or purchasing existing businesses that manufacture and sell products;
- undertaking new product testing and looking to withdraw or change specific market offerings;
- looking to better understand liability risks and exposure in relation to products in the context of proposed mergers and acquisitions;
- experiencing product failures on their property portfolios;
- involved in disputes relating to product performance; and
- involved in building defect litigation (including claims in contract, negligence, Building Act 2004, Fair Trading Act 1986 and Consumer Guarantees Act 1993).
We are trusted advisers to local and international building product manufacturers, local government, contractors, and developers. We have a reputation for being easy to work with and delivering strategic advice. Many of the clients we work with manufacture and supply products in different jurisdictions. Our specialists have extensive international experience. As part of the MinterEllison legal group, we also provide our clients with access to one of the largest full-service legal networks in the Asia-Pacific region, providing reliable and integrated solutions.
The legal and regulatory landscape in the construction sector is in a constant state of flux. We are actively involved in conversations that shape the supply chain and use of building products in New Zealand. Each year, we bring together industry leaders for our construction and infrastructure conference Building Together. We also publish regular insights – subscribe to our ‘Construction and Infrastructure Notice’, a regular snapshot of key issues, trends and legal developments.
Recent highlights
Multi-million-dollar product liability action against James Hardie NZ
Representing Metlifecare in complex proceedings in the High Court against James Hardie entities in New Zealand, Australia, and the Republic of Ireland. The proceeding included claims in the negligent design, manufacture and supply of products, and breaches of the Fair Trading Act 1986 and Consumer Guarantees Act 1993.
Product liability due diligence
Advising an international corporate looking to purchase the business of its New Zealand based distributor on the potential liability for building products.
Advising on risk of fire rated projects
Acting for a product manufacturer/supplier of fire rated building products. We advised of the implications of a failure to meet the published fire resistance rating and/or testing requirements for installed and uninstalled products. This included potential product liability claims against the company by purchasers and end users of the product (in negligence and/or under the Fair Trading Act 1986 and Consumer Guarantees Act 1993) and the risk of regulatory response and how to mitigate that risk.
Advising building product manufacturer
Advising a manufacturer of a building product on potential claims against a supplier of a component which failed to meet composition specified requirements. Advice included the potential issues where those components had already been incorporated into the finished product and on-sold, and how this could be best managed.
Advising major multi-national construction product providers
Advising one of Australia and New Zealand's most trusted and recognised building products suppliers for use in constructing homes and commercial buildings. Our role included advising on one of New Zealand's most significant product liability proceedings.
International experience
We also have international experience acting for and against product manufacturers and suppliers, including:
defending injunction proceedings in the Singapore High Court regarding provision of product testing / inspection records.
- commencing an international arbitration against a contractor and client for non-payment of building materials supplied for the construction of an airport in the Middle East.
- defending Technology and Construction Court proceedings in the United Kingdom in relation to the supply and installation of allegedly defective building materials supplied for the construction of an airport in the Middle East.
- defending Technology and Construction Court proceedings in the United Kingdom in relation to the supply of building materials allegedly in breach of the fire safety requirements in the Building Safety Act 2022 (UK).
The construction team at MinterEllisonRuddWatts are leaders in their field of practice... I have absolute faith in their robust technical and strategic advice which has led to some excellent results.
The Legal 500 Asia-Pacific, 2025
