David Hebenton

Senior Associate

David is an experienced construction lawyer that specialises in resolving complex and high value disputes.

He advises on a wide range of disputes including project delivery issues, payment claims, defective works, variations, delay/extensions of time, and various other construction specific matters. He also advises on disputes relating to negligence, latent defects, product liability issues, and equitable claims.

David acts for a variety of public and private sector clients, including Crown entities and government agencies, local authorities, universities, main contractors, subcontractors, and consultants. He is experienced in all forms of dispute resolution, having represented clients in negotiation, mediation, adjudication, arbitration, and court proceedings (High Court and Court of Appeal).

Clients value David’s strong work ethic, technical expertise, and his strategic and commercially focussed advice. He excels at absorbing and analysing complex factual and legal material and is recognised for his client centric approach.

Prior to joining MinterEllisonRuddWatts, David spent over three and a half years in Auckland Council’s in-house litigation and dispute resolution team.

David also assists in the development and delivery of various Construction Law and Master of Engineering papers at the University of Auckland.

Career highlights

Advising Metlifecare in complex High Court proceedings against various James Hardie entities, involving claims of negligence and breaches of the Fair Trading Act 1986 and Consumer Guarantees Act 1993. The parties agreed a confidential settlement on the doorstep of a 29-week trial. Had it proceeded to trial it would have been the second longest trial in New Zealand’s history.

Advising and representing Crown entities on various large anchor projects following the Christchurch earthquakes, including a complex and high value arbitration, and High Court proceedings seeking interim measures to preserve the status quo for the Parakiore Recreation and Sport Centre project.

Advising and representing clients (principals, contractors, subcontractors, and consultants) on numerous construction disputes, including variation and extension of time claims.

Acting for Auckland Council in multiple high-value defective building claims.

Acting for Spark, New Zealand’s largest telecommunications company, defending a significant equity-based claim arising out of its acquisition of radio spectrum in late 2015. Spark prevailed on both its defence and counterclaim following a two-week trial in the High Court.

Affiliations
  • Member, Society of Construction Law New Zealand
  • Member, Infrastructure New Zealand
Achievements and recognition
  • Band 1 team, Construction, Chambers Asia-Pacific
  • Tier 1 team, Construction, The Legal 500 Asia-Pacific