Tómas Kennedy-Grant has written two books:  Construction Law in New Zealand (Butterworths of New Zealand Ltd, Wellington, 1999, reprinted by LexisNexis NZ Ltd 2003) and A guide to the Construction Contracts Act. He has also contributed a chapter on International Arbitrations to Green & Hunt on the Law and Practice of Arbitration (Brookers Ltd, Wellington 2007)

 

Construction Law in New Zealand


Published by Butterworths of New Zealand Ltd 1999 ISBN 0409702250

This book was reprinted in April 2003. 
Copies may be ordered by clicking here.


Extracts from the foreword, launching speech and reviews 

1, Foreword by Professor John Uff, QC, FEng
Keating Chambers, London

“It is entirely appropriate that New Zealand should enter the new millennium with its own text on construction law, to stand alongside Dorter & Sharkey, Hudson and Keating. 
Tómas Kennedy-Grant is uniquely qualified to undertake this task. His 30 years of experience as counsel in England, Zimbabwe and New Zealand and, latterly, on the Bench in New Zealand, have placed him in an unrivalled position of authority, especially when coupled with his wide experience of arbitration and dispute resolution, both domestic and international.
Above all, however, his work exhibits a high degree of scholarship in the melding together of the law from different sources, of the law with the standard forms of contract, and of the law with practice in the construction industry.… I warmly welcome this new work and look forward to its development as a major text on the international circuit.”

2, Speech by Rt Hon The Lord Cooke of Thorndon at the launch of the book 
“[The book contains] … an admirable treatment of [the law of negligence].” 
“I am confident that this work will be used by anyone who has a problem in … the area [of construction law]. We couldn’t have had a more well-equipped author to prepare a work of modern construction law in New Zealand.” 

3, Review by John Dorter of Sydney in “Building and Construction Law” June 1999 
“Encyclopedic is the magnum opus. … Particularly impressive and valuable is the learned author’s coverage of Australian and Canadian authorities. … International is the … author’s treatment of the topical and vital subject of economic loss. ... In truth, it is the … author’s exposition of the common law authorities which make this splendid work appeal to construction community people beyond New Zealand.”

4, Review by His Honour Judge Humphrey Lloyd, QC, Judge of the Technology and Construction Court, London, in the “International Construction Law Review” July 1999
“The outcome [of Master Kennedy-Grant’s approach] is an extremely well-organised and persuasive presentation of the application of principles which originate in English common law but in New Zealand where those principles have for over 100 years also been supplemented by local legislation and court decisions directed to New Zealand’s social needs. … The book provides a valuable source of material for anybody who has to interpet a contract which is subject to a law which derives from the common law principles. … Its clear exposition of principle and practice also makes it ideally suited for students as well as for practitioners.”

5, Review by John Greenwood in “Lawtalk”, the newsletter of the New Zealand Law Society, 4 October 1999
“Construction Law in New Zealand” by Master Tómas Kennedy-Grant, is a herculean effort that other authors have assiduously avoided these last 20 years and accordingly is most welcome. It will also be useful for non-professionals. … The text covers seven distinct parts commencing with an excellent summary of the general law and principles which underpin construction law, with ample case foot notes to satisfy any law student or senior barrister. … The author is to be congratulated on a practical, lucid and refreshing presentation.”

6, Review by RH Christie, QC in “De Rebus”, the newsletter of the South African Law Society June 2000
“Construction law practitioners in South Africa have known for many years that they cannot afford to be parochial but must keep up with developments overseas, so Hudson or Keating is likely to be on their bookshelf. The purpose of this review is to suggest that Kennedy-Grant should be there too.
This may seem surprising because keeping up with developments in New Zealand seems to be stretching it a bit, and so it would be if this book were no more than a parochial treatment of the law of New Zealand. But it is not; it is much more. … 
… A particularly valuable feature of the book is that each detailed topic is examined first by reference to the common law and then by reference to the relevant provisions of each of the standard forms of contract currently in use in New Zealand. … No other textbook, as far as I am aware, gives such a complete coverage to the relationship between provisions in construction contracts and the common law.
I have acquired the habit of going first to Kennedy-Grant when working on a construction law problem and it is a habit that will stick.”

7, Review by Tan Sri Edgar Joseph Jnr in the “Malayan Law Journal” [2000] 4 MLJ xlviii 
The book is essentially not only a practical work, but, as Professor John Uff, QC has rightly observed in his Foreword, an entirely original text. Comprehensive, clear, systematic and highly readable in its content, a high level of accuracy is maintained throughout … In short, the work is a model of succinct but readable exposition combining economy and clarity....

8, Review by Professor Anthony Lavers in the “Construction Law Journal” November 2000 
“There cannot today be many construction law specialists in any country who have successfully kept more than a dozen clients from the death penalty for a murder charge. The late Dr John Parris certainly appeared in such a role and it is hard to think of a higher compliment than to say that Tómas Kennedy-Grant, who has such a startling record, deserves to be bracketed with Dr Parris as an authority on construction law also. Indeed, on the strength of this work, a better comparison might be with Keating or Hudson.
… the merit of the book does not consist solely in its importance to the readership for whom it was principally intended, lawyers and the construction industry in New Zealand. It is an admirable legal text in its own right. … Tómas Kennedy-Grant has not only provided a necessary text for the legal profession and the construction industry of New Zealand, but has produced a work of genuine scholarship which will be of real interest to those engaged in the comparative study of construction law world-wide.”

9, Review by Francis Price, QC and Paul Stocco in the Canadian “Construction Law Reports” December 2000 
“Construction Law in New Zealand is a misnomer! This widely-researched book will be of assistance to those involved in the construction industry around the Commonwealth. …
As the author promises at the beginning, the text is written to be understood by lawyers and non-lawyers alike. The style that has resulted is refreshing and easy to read. The text is not cluttered with interruptive references and citations. The author places such material in extensive footnotes which refer to cases from around the Commonwealth and to texts and articles as well. These footnotes highlight the significant amount of international research the author has undertaken.

10, Review by Associate Professor JA McInnes in the “Asian Architect and Contractor” December 2000
The text is exceedingly easy to use … The table of contents is given in two forms – in summary and in full. The full table sets forth headings in three levels and thus is capable of tremendous detail. The result is several chapters, for instance, approaching or exceeding 100 topics in description. This makes quickly researching a topic that much easier. Ease of use is enhanced by the page and decimal numbering throughout as well as by a full index. …
This brief tour of Construction Law in New Zealand cannot convey the full flavour of the law in that jurisdiction or the interest that it holds for Hong Kong. The similarities, and at times the differences, are striking. Noteworthy in this respect is the fact that New Zealand maintains, like Hong Kong did until June 30th 1997, appeals to the Privy Council. Thus our common legal heritage is clear. At the same time, with English law subsequent to this date no longer binding upon our courts, we must turn to other common law jurisdictions to fill the gap. In my view, Kennedy-Grant’s impeccably articulated account of the law in one such leading jurisdiction is an excellent place to start. 

11, Review by James Davison in “Arbitration” the journal of the Chartered Institute of Arbitrators, August 2001
… this book is a tour de force…
Construction Law in New Zealand provides the reader with an understanding of construction law principally because the author has woven a rich fabric from the disparate strands of general and contract law and construction supply chain and subcontract practice. The author is to be commended for his ability single-handedly to achieve what elsewhere has occupied teams of authors and researchers.

12, Review prepared by Phillip Chan for publication in Singapore 
As a result of a test on a good pie can only be found in its eating, one must read Construction Law in New Zealand by Tómas Kennedy-Grant in order to appreciate its contribution to the construction industry not only in New Zealand but also … in general. … I would certainly recommend the book to the professionals in the construction industry and the construction lawyer.



A guide to the Construction Contracts Act

 

Published by Rawlinsons Media Ltd, Auckland, 2003 ISBN 0473088142 

This book was published in April 2003. 
Copies may be ordered by clicking here.

Review by Tony Conder, BRANZ Education Services Manager in “Build” June/July 2003
“I looked forward with some anticipation to receiving a copy of this publication. One of the authors, Geoff Bayley, was one of several individuals who campaigned strongly for the introduction of the Construction Contracts Act (CCA). The other author, Tómas Kennedy-Grant, is one of the foremost experts on construction law, having recently published a comprehensive book on the legal environment our industry works in. It was anticipated that the teaming of these two authorities would provide a definitive and practical guide to the workings of the CCA.

This book has not disappointed and could be described as an essential tool for a wide range of professionals, whether administering or contracting under the law.”

 
 
 

International Arbitrations

 

A chapter in Green & Hunt on the Law and Practice of Arbitration (Brookers Ltd, Wellington 2007)

Copies may be ordered by clicking here.

 

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