Kate Muldrew

Senior Associate Pouarataki Pāhake

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Kate is an infrastructure and construction lawyer, who specialises in project delivery and construction disputes.

A skilled advocate, Kate has represented clients in a wide range of dispute resolution forums, including arbitration, mediation, adjudication, and court proceedings. She is experienced in managing large scale, multi-party proceedings.

Kate is knowledgeable in the major standard-form construction contracts, including the FIDIC and NZS suite of contracts, and regularly assists parties with successful project delivery and resolving contractual disputes. Kate provides advice on disputed variation claims, extensions of time and delays, design and coordination issues, defective works, liquidated damages, force majeure, and risk allocation. She is also experienced in bringing and defending negligence claims and advising on property disputes.

Kate is a trusted adviser to a broad range of parties in the construction and infrastructure sector. She has significant experience advising and representing consultants and regularly acts for global, multidisciplinary, engineering firms in both mid and post-project disputes. She also advises public sector clients. She has advised on disputes arising out of hospital, water, energy, roading and prison projects.

Known for being approachable and down-to-earth, Kate builds rapport with her clients. She develops strong and ongoing relationships with them and seeks to understand their commercial drivers. This allows Kate to deliver pragmatic and solutions-focused advice. She has an eye for detail and is skilled at analysing legally and factually complex material.

Kate is a valued and active contributor to thought leadership. She has presented seminars for the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) and New Zealand Law Society on both construction and dispute resolution. She regularly publishes articles on key issues affecting the construction industry.

A member of both the Society of Construction Law and Infrastructure New Zealand, Kate keeps abreast of both legal and commercial industry issues.

Career highlights

Acting in alternative dispute resolution forums, including arbitration, on several large and complex infrastructure disputes for a multi-national engineering firm. This client performed a central design role in water and prison projects.

Advising Mercury on the delivery of the Turitea Wind Farm, a nationally significant project that will be New Zealand’s largest wind farm when completed.

Acting for a range of parties – including bodies corporate, territorial authorities, and engineers – in large-scale, multi-party defective building litigation.

Acting for a specialist power contractor pursuing a claim for additional payment and an extension of the time under a contract to install transmission lines.

Providing independent advice to professionals in their role as Engineer to the Contract.

Acting for a head-contractor in successful adjudication proceedings on a multimillion-dollar dispute under a design-and-build contract for a motorway upgrade project.

Representing the Department of the Prime Minister and Cabinet in a lengthy and complex infrastructure arbitration regarding the rebuild of Christchurch post-earthquakes.

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