Public Works Act Claim

Public Works Act Claim

Client: Winstone Aggregates

Location: Otaki, Kapiti Coast

Completed: May 2016 to Oct 2019 (estimated)

Services provided: Structural Engineering

The task

The processing site of an industrial operation is in the path of a proposed Expressway. The client required support to assess the impact of the proposed works and protect their business interests. Hampton Jones were approached by the Property Manager for the Winstone Aggregates site in Otaki in early 2016. Winstone Aggregates were seeking advice in preparing a compensation claim for works that needed to be undertaken to allow NZTA to take part of their site to construct the Peka Peka to Ōtaki (PP2O) Expressway.

Our thinking

Businesses faced with this situation commonly do not identify the full extent of the impacts on their business or exercise their full rights under the Public Works Act. The client in this case was very clear that their main objective was to maintain continuity of business. Hampton Jones is co-ordinating with a large team of technical and legal experts, managing the interface between the client and the NZTA design team to produce a robust assessment of impacts and propose solutions and mitigations. By exercising their rights under the public works act, Hampton Jones were even able to negotiate for the client to pass on all consultant costs!

From an initial client estimate of an impact of around $250,000, Hampton Jones were able to prove and negotiate an up-front compensation payment of $4,200,000. This was achieved by co-ordinating a large team of technical and legal experts and managing the interface between the client and the NZTA design team to provide a robust assessment of the full extent of impacts. The claim would have been higher still had Hampton Jones not identified alternative solutions and mitigations.

The result

When the Expressway is built, the client and NZTA will have a clear understanding of the impacts; both immediate and in the future and the client has a clear pathway agreed to recover costs for disruption. More importantly for the client, the Expressway construction methodology and design have been modified to minimise its impacts on their business.

The experience of our Structural Engineers and their knowledge of large infrastructure projects was crucial in being able to identify impacts and to anticipate the likely construction activities and the whole of life costs of changes to assets. All consultant costs to complete this work formed part of the compensation claim so Hampton Jones were essentially engaged at no cost to the client!