The Special Conditions

04. Who pays when it goes wrong? Proportionate liability reform returns

In this episode, Hamish and Sam break down the proposed law reform on proportionate liability, why it matters, and what could be addressed in the upcoming changes. They explore the current regime, what to expect from a possible amendment bill later this year, and the key question at the heart of the debate: who should be responsible when something goes wrong?

03. Lessons from the Nordics

Fresh off the plane from Infrastructure New Zealand’s delegation to Sweden and Norway, Hamish is buzzing with ideas. In this episode, he joins Sam to unpack what New Zealand can learn about the Nordic approach to infrastructure funding, including tax settings, user-pays models, and the balance between local and central government. He also dives into the role of consensus in decision-making, the realities of cost escalation and overruns, and why even the biggest mega projects can fail. He shares insights from visiting major infrastructure projects first-hand, explores how these systems power themselves, and discusses the rise of datacentres – including why New Zealand may be uniquely well placed to become a serious player in this space.

02. 'MEC-26': Contractual impacts on construction projects

Hamish and Sam discuss the impact of the Middle Eastern Conflict (MEC-26) on construction contracts. They look at the key issues this raises for projects, including delay and disruption, cost escalation, and change of law.

01. Welcome to The Special Conditions

Welcome to The Special Conditions – a podcast exploring the legal and commercial landscape of construction and infrastructure in New Zealand. In this introductory episode, meet your hosts, Hamish Bolland and Sam Holden, as they share their backgrounds, areas of expertise, and discuss what listeners can expect from the podcast. Whether you are a principal, contractor, consultant, funder, or simply interested in the industry, The Special Conditions will bring practical insights into the issues shaping the sector.