Energy & Resources

Acted for construct only contractor in expert appraisal of contractual claims concerning design changes, in ground risk, delay and disruption on a regional power transmission line dispute.

Acted for an EPCM contractor in relation to dispute with its principal.  The dispute was resolved by active cooperative between the parties’ lawyers in a way that accommodated the commercial interests of both parties without disruption to the project.

Acted for a design and construct head contractor in respect of upstream and downstream litigation and commercial claims relating to an underperforming submerged chain conveyor at the Bayswater Powerstation NSW.

Acted for an EPC contractor in relation to substantial disruption and productivity claims during construction of a 320MW gas turbine power station and in relation to outages for the purpose of modifications to gas turbine ancilliaries.

Acted for an EPC contractor in relation to outages for the purpose of modifications to gas turbine ancilliaries.

Conducted an expert determination on behalf of a D&C contractor in respect of a mixed public/commercial waste reprocessing facility.  The contractor succeeded in respect of approximately 90% of its claims.  Legal issues included construction/ interpretation of contract and most particularly design responsibility, extensions of time, programming methodology, practical completion, election and waiver, expert determination jurisdiction.

Managed a number of commercial construction and engineering disputes on behalf of the mine development contractor.  Legal issues included bailment, detinue, repudiation of contracts, misleading and deceptive conduct, termination of contracts, recourse to performance security and successfully resisting an application for injunctions, insolvency, administration and liquidation.