Kelly Quinn KC

• BA (Philosophy) – University of Auckland, 1989
• LLB – University of Auckland, 1993
• LLM – University of Auckland, 2008

Admitted to the bar in 1993, Kelly’s career included several years in the Construction and Energy team at Simpson Grierson, followed by a stint as a Crown Prosecutor during which he prosecuted over 50 criminal jury trials. He then practised in Hong Kong for nine years including five years in the litigation and arbitration team at Linklaters.

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Construction Law

Kelly is a leading construction litigator. He has acted for subcontractors, contractors and principals in matters involving a very wide range of construction law issues including claims for disputed variations and extensions of time, claims for prolongation and/or disruption, defects and warranty claims, wrongful termination of contracts, claims for liquidated damages, professional negligence claims against architects and engineers, and the enforcement/defence of claims under performance bonds. He is familiar with the main domestic and international standard form construction contracts and regularly represents clients bringing or defending claims under the Construction Contracts Act 2002. Kelly has represented clients in construction disputes involving projects in Hong Kong, India, Japan, China, Vietnam, Thailand and New Zealand.

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Commercial Litigation

Kelly’s general commercial litigation experience has included franchise disputes, shareholder and joint venture disputes, contentious receiverships, disputes concerning the sale and purchase of property and businesses, lease disputes, insurance claims, leaky buildings and a wide variety of contractual disputes generally. He is regularly instructed on injunctions.

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Arbitration

Kelly has construction arbitration experience in New Zealand, Hong Kong, India and China. He has been appointed as arbitrator on domestic and international disputes, and as an expert for the purposes of expert determination.

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Kelly was awarded the Sir Ronald Davison Prize for excellence in award writing in the 2022 AMINZ Fellowship examination.

Liability for Tender Design I

Representing a design and build head contractor in its successful claim against its design engineer for breach of contract at the tender design stage. Case concerned the pavement design for Waka Kotahi's Southern Corridor Improvement project (Auckland's Southern Motorway). Judgment obtained for the full amount sought. CPB Contractors Pty Limited v WSP New Zealand Limited [2024] NZHC 640.

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Liability For Tender Design II

Acting for the head contractor on a design and build contract at the Devonport Naval Base, where the design engineer provided a defective mooring design at tender stage. Judgment obtained on the basis of breach of express warranty.  H Infrastructure Limited (in liq and rec) v Worley New Zealand Limited [2022] NZHC 1316.

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Vendor & Purchaser – Misrepresentation

Acting for the purchasers of a farm in the Waikato, claiming misrepresentation by the vendor as to the farm’s carrying capacity. Claim failed at trial but was successful on appeal. Shabor Limited v Graham [2021] NZCA 448.

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Southern Response Class Action

Obtaining the first opt-out order in New Zealand (in the Court of Appeal, sustained in the Supreme Court) for a class action involving more than 3,000 homeowners whose properties were destroyed or badly damaged in the Canterbury earthquakes. The claim, alleging misrepresentation by Southern Response inducing entry by the homeowners into undervalued settlements, subsequently settled. Southern Response Earthquake Services Ltd v Ross [2020] NZSC 126.

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Quantum Meruit

Obtaining judgment for Electrix Ltd against Fletcher Construction, following a four-week trial, in a rare case alleging quantum meruit arising out of the construction of the Christchurch Justice and Emergency Services Precinct. Judgment worth over $10m including interest and costs. Electrix Ltd v The Fletcher Construction Company Ltd [2020] NZHC 918.

Doyles Leading Construction & Infrastructure Law Barristers. Ranked as “Leading – Junior Counsel”, 2019

• “The butcher, the baker, the candlestick maker – just let them get on with it” [2020] NZLJ 187
• “Suspension of construction contracts in the time of COVID-19” [2020] NZLJ 144
• “Liquidated damages in long-term relational contracts” [2017] NZLJ 256