Janine is an experienced construction and property lawyer having advised on numerous complex construction projects and disputes in New Zealand. She has appeared in arbitration, the High Court and the Court of Appeal.
Janine provides expert legal advice and dispute resolution services in all aspects of construction and commercial property disputes. Plus she advises clients on various general commercial issues.
Janine is an expert on defective buildings, including leaky buildings, and can help mitigate costs for clients. She also has an interest in recovery of Canterbury after the quake and has co-authored various newsletters outlining the implications of the Canterbury Earthquake Recovery Act.
Janine is also experienced in commercial property litigation particularly in respect of landlord and tenant obligations and contentious rent review disputes. Janine is an active member of the New Zealand Society of Construction Law and she presents regularly on construction and property issues, both at conferences and to individual clients.
Some of Janine's major projects
Acting for the landlord (AMP Office Trust) in respect of the following tenancies in the PWC Tower Auckland: PriceWaterHouse Coopers (arbitration); Servcorp (determination); and Buddle Findlay (arbitration)
Acting for the landlord (AMP Office Trust) in respect of the following tenancies in Deloitte House Wellington: OMV Limited (arbitration); Ministry of Health (arbitration)
Acting for the tenant (Southern Cross) in respect of the ground lease of Dilworth’s land on St Marks Road, Newmarket, Auckland
Acting for the tenant of significant ground leases in respect of rent reviews against the Auckland City Council
Acting for motel lessee in respect of ground lease of Dilworth's land on Great South Road
Acting for landlords (with senior counsel) in significant New Zealand office rent review disputes
Acting for landlords and tenants in ground lease rent review disputes
Advising landlords and tenants in regard to assignment issues
Acting for principals and contractors in adjudication claims under the Construction Contracts Act 2002
Acting for both plaintiffs and defendants in both commercial and residential leaky building disputes
Advising companies in both New Zealand and the Cayman Islands in regard to construction negotiations, disputes and issues arising under the New Zealand Construction Contracts Act 2002
Acting on behalf of New Zealand companies in injunction proceedings in the Auckland High Court
Representing clients in New Zealand in lease disputes including re-entry and rent review
Assisting as junior counsel in numerous mediations, arbitrations and defended hearings and trials involving construction, contract, licensor/licensee, lease, compulsory acquisition, trust and general commercial issues
Representing clients in judicial settlement conferences
Sole counsel in numerous defended hearings and trials including under the Construction Contracts Act 2002, the Resource Management Act 1991, the Cayman Islands Registered Land Law and general commercial disputes
Advising large international banks based in the Cayman Islands on employment and Health and Safety requirements in the workplace, including construction related issues
Acting on behalf of numerous companies in an anti-suit international injunction proceeding in the Cayman Islands
Advising international company based in the Cayman Islands on issues such as negligence, breach of contract and interlocutory matters
Advising clients in relation to issues under the Registered Land Law in the Cayman Islands including disputes concerning breach of contract, overriding interests, fraud, occupation, constructive trusts and title
Seminars and publications
Speaker at the Building and Construction Law Conference, September 2011. Session title “Canterbury Tales – Part One”, followed issues relating to building on land known to be subject to the risk of earthquake, landslip, flood, and volcanic activity.
“How long is a ‘long stop’?”NZ Lawyer – 11 February 2011 (Janine Stewart and Laura Tilbrook look at the effects of the Building Act’s long-stop provision on contractual claims)
"Reasonableness - not always black and White issue"NZLawyer - 23 July 2010 (Janine Stewart and Scott Thomson look at what the duty to mitigate means, in relation to leaky buildings or otherwise defective homes)
