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Shanti Frater
BA LLB • Auckland
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Shanti is a leading New Zealand construction lawyer, specialising in both ‘front-end’ project work and construction disputes.
She advises public and private sector clients on their procurement strategy and assists in preparing the tender and contract documentation for projects across a broad range of industries.
Shanti also has extensive expertise in dispute resolution. She spent six years with a top litigation firm in Vancouver, Canada before moving to the warmer shores of Auckland, New Zealand. Shanti has been responsible for managing many Construction Contracts Act adjudications and resolving construction disputes through mediation and arbitration.
Shanti works with her clients to achieve successful project outcomes. She understands her clients’ objectives and applies a pragmatic approach to resolving complex construction issues.
Shanti is a past Secretary of the Society of Construction Law (New Zealand) and Honorary Lifetime Member. She is a member of the New Zealand Law Society - Property Law Section and Auckland Women Lawyer’s Association.
She is co-author of Westlaw’s “Building Law in New Zealand”.
Chambers Asia–Pacific 2024
Construction
Leading Lawyer
Work Highlights
‘Front end’ / Projects
Te Whatu Ora - Waitematā - Major Infrastructure Projects
Lead advisor the procurement and preparing the contract documentation for the Tōtara Haumaru project, a $260+ million four storey new hospital building at the North Shore campus and the E Tū Wairua Hinengaro project, a $100+ million new forensic mental health facility at Mason Clinic.
Tauranga City Council, 3 Waters Maintenance Services
Lead advisor on the procurement of a $125+ million joint ten-year Tauranga and Western Bay of Plenty 3 Waters Maintenance Services Contract.
Waipa District Council, Cambridge Wastewater Treatment Plant
Advising on the procurement strategy and preparation of tender and contract documents for a new $100+ million wastewater treatment plant.
Tauranga City Council - Various Infrastructure Projects
Preparing and negotiating construction contracts for various large-scale infrastructure projects for 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.
University of Canterbury, New Student Accommodation
Advising on the procurement strategy and preparing construction contract documentation for the 400-bed Garden Hall Student Accommodation Project. Providing advice and drafting for the Operator 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, NZICC
Advising on issues arising during the construction of the New Zealand International Convention Centre Project.
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.
Adjudication and Arbitration for Head Contractor
Successful multi-million adjudication claim for Variation claims under the construction contract for a luxury apartment development. Subsequent successful defence of the arbitration proceeding brought by the Developer to reverse the adjudication determination and recover payments made.
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.
