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Brian Clayton

Brian Clayton


M:+64 27 436 0395

T:+64 9 357 9011


F:+64 9 357 9099



LLB (Hons), University of Canterbury, BCom (Accounting and Forestry), Lincoln University


2000, New Zealand; 2003, Victoria, Australia; 2007, England and Wales


Brian is a construction projects lawyer.

His focus solely on construction projects, combined with his previous experience gained at world class international law firms (based in the Middle East, London and Melbourne), makes him a unique and sought after construction projects lawyer. 

Brian was previously a partner at prestigious New York law firm Shearman & Sterling.

He has extensive experience in greenfield and brownfield construction projects both in New Zealand and around the globe in a wide variety of sectors.

At last count he has worked on construction projects worth around NZ$100b, many of which were procured on a project finance basis. 

He has acted for a range of clients including government entities, sovereign wealth funds, sponsors, developers, contractors, service providers and lenders on all phases of project development including assessing possible procurement models, procurement and tendering, contract drafting and negotiation, contract administration and dispute resolution.

Brian is familiar with numerous construction industry forms of contract, such as NZS, NZIA, AS, FIDIC and JCT.  He is also well versed in all of the procurement models such as build-only, build-only with design endorsement, design and build/EPC (including Early Contractor Involvement (ECI)), construction management, EPCM, DBO, BOOT, alliances and PPPs.  

Brian is recognised as a leading lawyer in Chambers Global 2016 and Chambers Asia Pacific 2016. He has been recognised as a Foreign Expert by Chambers Global 2016 for his work in the Pacific Islands and is also recommended by Legal 500 Asia Pacific 2016.


Brian has advised:
  • on numerous major construction projects as part of the post-earthquake Christchurch rebuild
  • on many major infrastructure projects in New Zealand and around the globe such as roading, airport, port, railway, telecommunications, logistics and stadium projects
  • on many major healthcare sector construction projects in New Zealand
  • on education sector projects in New Zealand and the Middle East
  • developers and contractors on the design and build of many major commercial, retail, leisure and residential developments throughout New Zealand and internationally
  • on numerous PPP projects in New Zealand and around the world in the roading, airport, healthcare, power and water sectors
  • on many major power (including renewables), water (including wastewater), mining and industrial (including fertiliser) projects both in New Zealand and internationally, and
  • on many vast overseas oil and gas projects (both onshore and offshore), including both upstream and downstream aspects such as procurement of drilling rigs; platform and pipeline installations; construction of an oil refinery, petrochemical plants and LNG liquefaction and regasification facilities, converting Very Large Crude Carrier Vessels into Floating Production Storage and Offloading Units.