Experience

• Construction and commercial litigation and arbitration
• Advising principals and claimants in respect of the Building and Construction Industry Security of Payment Act 1999 (NSW)
• Advising contractors, developers, architects, engineers and other building professionals in relation to major projects including infrastructure projects and large scale residential developments
• Advising building professionals including architects and engineers in relation to various project related and commercial matters
• Preparing contract documentation for various projects, including major educational facilities, large refurbishments, tenancy fit-outs, commercial premises (including warehouses and manufacturing facilities), large and medium scale residential developments and aged care facilities
• Advising insurers on policy interpretation
• Acting for Australian insurers and insureds in professional indemnity disputes involving insured architects, engineers, building certifiers, planners and surveyors

Significant recent cases

• Acting for two large building consultancy firms in relation to separate claims arising from alleged negligent mechanical ventilation designs. One claim concerned a large multi-dwelling residential building, the other a large multi-purpose sports centre.
• Defended an architect in a Supreme Court action concerning allegations of negligent building design and failures during administration of the building contract. The claim primarily concerned the alleged failure of the façade of the building and involved numerous parties, substantial technical evidence and a lengthy reference hearing.
• Acting for various educational institutions in relation to a number of projects concerning upgrade or redevelopment of their facilities, including the preparation of the contractual documentation. Major projects include the development of a multipurpose hall including 50m swimming pool (project value exceeding $30 million).
• Preparation of contract documentation for various projects including an aged care facility, manufacturing facility and warehousing.
• Advising an educational institution in relation to the management of various issues arising with respect to the contractor and architect during major refurbishment works.
• Acting for a major subcontractor in a Supreme Court action involving a multitude of claims, including breach of contract and the Trade Practices Act 1974 (Cth) arising from facilities maintenance contracts let by the NSW government.
• Acting for an engineering firm defending a claim in the Supreme Court concerning allegations of negligent design and breach of duty to warn.
• Acting for a subcontractor in connection with a claim under the Security of Payment Act. The matter involved successful applications pursuant to the Corporations Act 2001 (Cth) and the Contractors Debts Act 1997 (NSW).
• Acting for a developer/builder of a substantial residential development with respect to numerous claims made by subcontractors under the Security of Payment Act.
• Acting for a local government in an arbitration commenced by a contractor in respect claims of over $6 million arising from substantial civil works.

Clients

• Insurers
• Principals/developers
• Builders
• Architects, engineers and other construction professionals