With a career spanning New Zealand, the Middle East, Africa, the Pacific and Europe, Brian Clayton has more than two decades of experience advising on large-scale and complex construction projects across many sectors including energy and renewables, infrastructure, healthcare and education.
After reaching senior leadership roles at major New Zealand and global law firms, Brian chose to break new ground, stepping away from law to co-found Clayton Hops – a fully integrated export business in the agriculture sector – with his brothers. This entrepreneurial chapter gave him first-hand experience in building a business from the ground up.
Now, on his return to law as a partner at Russell McVeagh, Brian draws on his international perspective and commercial insight to help clients navigate the evolving challenges of the construction sector. In this Q&A, he shares lessons learned over his many years of practice and his vision for the future of construction in New Zealand.
What drew you back to construction law and Russell McVeagh?
I was drawn back by the opportunity to work in a team operating at the very top of its game.
After leading teams in law and in my family’s agribusiness, I saw the chance at Russell McVeagh to bring my broader construction experience to the firm. There’s already a strong construction team here, and I'm excited about what we can achieve together.
How has running a family business influenced your approach as a lawyer?
Running a vertically integrated agribusiness has made me more commercially aware and strategic.
It taught me to move fast, be nimble and appreciate the pressures businesses face – like prioritising, differentiation, innovation, technology, resource constraints, stakeholder consensus, value-for-money and cash flow. Those experiences have made me a better, more commercially savvy lawyer.
What has been a career-defining moment for you?
Working on Africa’s largest oil refinery project was a turning point.
I was working in the Middle East at the time, and as a Kiwi from New Zealand’s West Coast, it was truly a standout time for me. That deal in Egypt led to me joining the partnership at Shearman & Sterling (now A&O Shearman) and paved the way for my return to New Zealand, where I've continued to work on exciting and complex projects.
What made you decide to come back to New Zealand?
Opportunity and lifestyle drew us home.
We’d been living in the Middle East, and when we came back, I remember our children playing in the backyard and looking at their bare feet in amazement – they’d never felt grass before, only sand. It was a small but powerful reminder of the opportunities and quality of life here. That moment really cemented our decision to move back.
What is key to building high-performing teams in construction law?
Tenacity, curiosity and strong relationships.
Enjoying the work, understanding your field deeply and fitting into the team culture make a big difference. Building relationships and being well-prepared are crucial for success.
What’s the biggest shift you’ve seen in construction projects over the past decade?
A big challenge in New Zealand is having a broadly supported project pipeline.
While technology is advancing overseas, here it’s about ensuring continuity so the industry can effectively plan resources and retain skilled people. Renewables are growing globally – and in New Zealand we're performing well in this area – but maintaining a steady flow of work across key sectors is important.
What do clients often underestimate when starting major construction projects?
The importance of project management.
A robust and well-drafted contract is essential, but having a strong, proactive project management team to keep everything on schedule is equally critical for avoiding costly surprises.
How has the approach to risk in construction contracts evolved?
Contracts have become more balanced, with features like liability caps for contractors becoming more common.
The market’s competitive landscape often dictates risk allocation, but there’s been a shift towards more reasonable and balanced terms.
What qualities are essential for a construction lawyer today?
Commercial savvy, pragmatism and strong technical skills.
Building rapport and trust, listening and being detail-oriented are just as important as legal expertise.
What’s the biggest legal risk or opportunity on the horizon for the construction sector in New Zealand?
The shortage of gas is a major issue, affecting power prices and business viability.
However, it also presents opportunities for innovation and investment. Likewise, the ongoing review of the Resource Management Act could also streamline processes and create new opportunities.
What’s something people might be surprised to learn about you?
My journey into law was not straightforward.
Growing up, I went to a tiny primary school on the West Coast with only about 10 to 15 students. When it came time for university, I didn’t enjoy my first year of legal studies, so I switched to a forestry degree. After completing that, I found myself eager to continue my university experience, so I decided to return and finish my law degree.
What aspect of practising construction law do people often overlook?
The sheer complexity and scale of the work.
Major projects can involve many contracts and stakeholders. Every deal is different, and the variety keeps it interesting.
If you’d like to discuss any of the topics raised, explore how Brian and our team can support your project, or simply connect with Brian, we'd be delighted to hear from you.