David Cheel

David is a Senior Associate in Lander & Rogers' Real Estate & Projects group, specialising in construction and major projects.

Experience

David has eight years' experience advising on project delivery, claims management and dispute resolution in the construction, infrastructure and energy/resource sectors. He gained in-house experience through secondments at BHP and Transgrid. Prior to joining Lander & Rogers, David was a Senior Associate in the Construction Disputes team at one of Australia's leading law firms.

David's areas of expertise include project delivery advice, claims strategy, management and preparation, security of payment adjudication in all Australian jurisdictions, alternative dispute resolution, including dispute resolution boards, expert determination, mediation, litigation and arbitration.

Career highlights

• BHP secondment: Prepared and negotiated a bespoke EPC contract on behalf of the owner for the design and construction of a 120MW gas reciprocating engine power station (AUD 500M).
• BHP secondment: Managed disputes of AUD 90M on a Shiploader and Berth Terminal Replacement Project concerning EOTs, disruption claims and liquidated damages. Responsible for regular reporting to senior management on claims assessment progress. Drafted settlement mandates leading to resolution of all claims.
• Transgrid secondment: Advised on dispute resolution of AUD 40M of contentious claims by the contractor relating to latent conditions on a major transmission line project connecting Snowy Hydro 2.0 to the NSW electricity grid and the National Electricity Market.
• Energy: Led key workstreams advising a renewable energy developer on AUD 250M of EOT and variation claims by the EPC contractor on a pumped hydro project during project execution. Secured a commercial settlement at facilitation.
• Infrastructure: Represented an ASX-listed infrastructure services provider defending AUD 60M claims in a complex multi-party dispute concerning defects on a major toll road and bridge project.
• Mining and resources: Led key workstreams advising an ASX-listed mining company on an AUD 100M contractor dispute involving EOTs, delay, disruption, and acceleration claims in relation to a greenfield and brownfield infrastructure upgrade project at a major mining port. Resolved the claims through facilitated negotiation.
• Regulatory compliance and investigations: Acted for an ASX-listed residential property developer concerning a regulatory prosecution under legislation regulating statutory trust accounts.
• Construction litigation: Acted for an ASX-listed property investment group in proceedings against the contractor regarding defective cladding works arising out of a commercial office tower project (AUD 30M). Negotiated a commercial settlement before the trial.