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Partner

Shanti Frater

BA LLB

Auckland

P+64 9 977 5273

M+64 21 626 468

Shanti Frater

Shanti is a partner in the firm's construction group, and advises local government, district health boards, and private sector clients throughout New Zealand. She has over 18 years’ experience as a specialist construction and litigation lawyer, including six years with a top litigation firm in Canada prior to joining the firm in 2009.

Shanti advises clients on a broad range of contractual issues at all stages of construction projects. She is experienced with New Zealand and international forms of construction contracts and consultancy services agreements including NZS391X, FIDIC, NEC, CCCS, and NZIA.

She also has extensive dispute resolution expertise, having been responsible for managing many CCA adjudications ranging from tens of thousands to multi-million dollar claims and resolving claims through mediation and arbitration.

Examples of Work - Front End

  • Tōtara Haumaru, Waitematā District Health Board - lead legal advisor on its $260+ million four storey state-of-the-art new hospital building at the North Shore campus
  • Tauranga City Council - lead legal advisor on the Three Waters Operation and Maintenance Contract, a $125+ million joint ten-year contract for delivery of Three Waters services across the entire Tauranga and Western Bay of Plenty regions
  • Multiple projects for Tauranga City Council including recently the Omanawa Falls Access Track, Roading Maintenance and Renewals Contract; Waiairi Water Treatment Plant, TM Outfall - New Landward Pipeline, TM Bioreactor, Waiari Water Treatment Plant Contract Elizabeth Street Streetscape Works
  • Christchurch City Council Three Waters HDM Panel Agreements - preparation of framework (panel) agreements for delivery of the Council’s Three Waters programme over five years
  • Waipa District Council, Joint Watermain Renewals Project - advising on this joint 3+ year collaborative contract for watermain pipe renewal works across the Waipa Otorohanga regions including preparation of the NZS3917 contract and joint project agreement
  • Tauranga City Council Kerbside Collections, Processing and Disposal Services Contracts - lead advisor for these long term contracts for waste collections, processing and disposal for the entire region
  • Fletcher Construction - advising on the New Zealand International Convention Centre Project
  • University of Canterbury - lead advisor on its 400-bed Garden Hall Student Accommodation Project, including advice on the procurement strategy and preparation of a pre-construction services agreement and NZS3916-design build contract, advising on operator agreements with an international student accommodation provider
  • Multiple projects for Christchurch City Council and Waitematā District Health Board

Examples of Work - Dispute Resolution

Shanti regularly acts for clients on construction disputes ranging from tens of thousands of dollars to multi-million dollar claims, including the following:

  • Head contractor on an adjudication and subsequently arbitration in relation to luxury apartments in Wanaka
  • Principal (local authority) in an adjudication dispute relating to stormwater network extension project
  • Head contractor on an adjudication dispute with a subcontractor on the Christchurch Convention Centre
  • Principal (local authority) on several negligence claims against design consultants
  • Principal (local authority) on dispute in relation to claims against the contractor and design consultant for roading defects
  • Head contractor on disputes in relation to the New Zealand International Convention Centre
  • Head contractor on an adjudication dispute with a subcontractor in relation to the Spark Data Centre
  • Principal (local authority) on an adjudication in relation to a water treatment plant upgrade
  • Principal (developer) on disputes with head contractors relating to construction of significant apartments projects in Auckland
  • International head contractor on disputes arising in relation to construction of a milk powder plant (one of the largest of its type constructed worldwide)
  • Head contractor on an adjudication dispute relating to a milk powder plant
  • Employer and engineer (parties to the contract) on major disputes arising on State Highway 20 project in South Auckland
  • Principal (local authority) in and adjudication dispute relating the contractor’s final payment claim on a long-standing operations and maintenance contract
  • Employer (Manukau Institute of Technology) on issues arising from insolvency of Mainzeal Construction, the head contractor on the new MIT business school and transport centre in Manukau Employer on disputes in relation to $250 million underground transmission line project

Other Credentials

  • Society of Construction Law (New Zealand) - Past Secretary and Honorary Lifetime Member
  • Westlaw’s “Building Law in New Zealand” - Contributing Editor
  • Property Law Section, New Zealand Law Society - Member
  • Auckland Women Lawyers' Association - Member and Mentor
  • Barrister & Solicitor, British Columbia, Canada