The Law Association of New Zealand

Residential Building Risks (2026) (On Demand)

This On Demand was recorded on 17 March.

Residential construction continues to present significant legal and practical challenges amid ongoing economic pressures. Escalating costs, delays, labour shortages, and increasing insolvency among builders have heightened the risks for clients undertaking renovations or new builds.

This On Demand will provide a practical overview of the key legal issues arising in residential construction, with a focus on risk identification and mitigation. Topics will include the selection and suitability of contract forms in intensified urban environments, infrastructure-related obligations, and the allocation of responsibility for consents and connections. Particular attention will be given to what standard building contracts provide in relation to infrastructure – such as water supply, effluent disposal, and resource consent requirement – and how these provisions affect both developers and end purchasers.

The session will also address common traps in residential building contracts, the importance of builder due diligence, and the implications of recent case law. Participants will gain insights into the legal protections available to clients, including warranties, insurance considerations, and contractual remedies.

Learning Outcomes

  • Gain insights into contract selection, infrastructure-related obligations, and the allocation of responsibility for consents and connections. 
  • Explore how to proactively manage or mitigate adverse outcomes of common risks in residential projects
  • Recognise the potential implications of recent case law developments for advising on residential contracts."


Who Should Watch?

General practitioners, property lawyers and legal executives, specialist construction lawyers, and litigators who practice in this area.


Presenters

Mark Colthart | Barrister, FortyEight Shortland Barristers
Mike Kemps | Special Counsel, Kemps Weir

Chair

Elise Markwick | Partner, Martelli McKegg


Elise Markwick

Elise is an experienced commercial property lawyer who acts for property investors, developers, businesses, charitable organisations, clubs, and schools. Her work includes commercial property purchases, sales, leasing and financing, advice on business acquisitions and sales, review of business contracts, residential property sales, purchases and refinancing, trust and estate planning advice, Overseas Investment Act 2005 advice and investment.

Elise is very involved with the Law Association of New Zealand Inc, is a member of the Documents and Precedents Committee, and contributes widely in her community.

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Mark Colthart

Recognised as one of New Zealand's leading construction lawyers, Mark was admitted to the bar in 1994, and a founding member of FortyEight Shortland Barristers. He has particular expertise in commercial arbitration, construction law, and property disputes. 

Mark has been ranked in the Doyles Guide as a leading construction and infrastructure barrister for nine consecutive years (2017–2025). Mark sits on leading arbitration panels in New Zealand and internationally. He acts as arbitrator in a wide range of commercial matters—spanning construction and infrastructure disputes, commercial lease issues (including rent reviews), business sale and purchase disputes, and complex property matters.

He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Chartered Institute of Arbitrators (CIArb) in London, and the Australian Centre for International Commercial Arbitration (ACICA).  He also serves on the Executive Committee of the Property Law Section of the New Zealand Law Society and has held key governance roles, including Convenor of the Property Disputes Committee of the Law Association of New Zealand and Council Member of AMINZ.

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Mike Kemps

Mike was admitted to the Bar in 2008, and joined Kemps Weir Lawyers in 2010. He specialises in construction and commercial property.

His recent experience has included advising consultants, contractors, sub-contractors and principals/clients on construction contracts including in relation to tendering, delays, payment claims and compliance, and for the acquisition, sale and leasing of commercial property (including design / build leases).

Mike is a member of the Society of Construction Law (NZ).

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Details

CPD Hours: 1.50hr

Pricing Details

Ticket Price

Member: $160 plus GST
Non-Member: $230 plus GST






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