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Recent construction and infrastructure projects
- Aged care - advising the developer of an aged care facility on its managing contractor agreement (design & construct– Guaranteed Maximum Sum) with a major national builder, including drafting and negotiating the construction contract and advice on project risks and risk management.
- Private Hospitals - advising hospital owners on project documentation for the design and construction of hospitals in South East Queensland including drafting and negotiating the design and construct contracts.
- Manufacturing facility - acting for a major international provider of mining services in preparing and negotiating the design and construct contracts and tendering documents for the construction of its international manufacturing facility in Brisbane.
- LNG project - acting for a major sub-contractor engaged by John Holland and Bechtel to assist in the construction of wharf infrastructure for one of the Gladstone LNG projects, including a review of contractual risks and termination for convenience rights arising under the special form of construction contract.
- Port - acting for an international freight and logistics company preparing a suite of port services contracts for the delivery of forestry products from port to overseas clients.
- Utility services contracts - acting for the developer of a large residential apartment complex in Brisbane in respect of the provision by a specialist supplier of utility services (including electricity supply, metering equipment & billing systems) for use by apartment owners and the body corporate), including advice on the terms and conditions of the various services and supply contracts and drafting a shareholders agreement for the special purpose project company.
- Consultancy contract - acting for an international project management and resourcing company based in Brisbane in relation to the provision by it of specialist consultancy services (on a standing offer basis) to a PNG mining company, including drafting the consultancy services agreement.
- Project Management Agreement - acting the body corporate of a major apartment complex in Brisbane in relation to the provision to it of project management services for the construction of flood mitigation works and standby power generation for the apartment complex, including drafting the project management agreement.
Recent experience in acting on construction dispute matters
- Supreme Court of Queensland proceedings by an earthmoving subcontractor against a subsidiary of BHP Limited - acted for the plaintiff (our Client) in Supreme Court proceedings claiming breach of contract and damages against a subsidiary of one of Australia’s largest mining companies. The proceedings were commenced by our Client following a dispute arising between the parties over the method of calculating our Client’s remuneration for excavating and removing overburden (dirt) from a large development site in the Northern Territory. The primary issue involved an opposing interpretation of the contract as to how our Client’s remuneration was to be calculated (that is; in ground volume versus excavated volume) - which were considerably different due to soil expansion. Expert evidence was heavily utilised by both parties to argue the appropriate method for calculating the volume of dirt excavated. Prior to the matter going to trial a settlement was successfully negotiated and the proceedings discontinued.
- Opposing an Adjudication Application pursuant to the Building Construction Industry Payments Act 2004 (BCIPA) - acted for a building developer (our Client) who was building a three (3) story commercial building in the Gladstone area (the Development). The construction period was very tight and our client had already leased the building to tenants who were eager to move in. A dispute arose between our Client and a well-known Queensland building contractor (the Contractor) over complaints by our Client of continued delays and claims by the Contractor for works, which our client alleged (amongst other things) had not been completed or were being incorrectly charged. The Contractor proceeded to serve a Payment Claim on our Client pursuant to the BCIPA for almost half a million dollars (the Payment Claim). I was engaged to challenge the Payment Claim by preparing and serving a Payment Schedule on the Contractor arguing that the actual amount payable was less than half of the amount claimed. The Contractor subsequently served an Adjudication Application on our Client. Following the preparation of a lengthy Adjudication Response on behalf of our Client, the Adjudicator found in our Client’s favour and ordered that the amount payable was in line with our Client’s Payment Schedule and that the Contractor pay the Adjudicators