Introduction
Michael is an industry leading construction and infrastructure lawyer with a broad range of experience in contentious and non-contentious matters across the construction, engineering, resources and infrastructure project sectors. With 15 years of experience in both private practice and senior in-house legal roles (including as Assistant General Counsel at Seymour Whyte), Michael has an in-depth knowledge of legal and commercial issues in the construction and infrastructure markets for all stages of the project lifecycle (from project inception, procurement, project delivery support and dispute resolution, including adjudication, litigation, arbitration, mediation, and expert determination).
Experience
Michael’s areas of expertise include:
• Preparation and negotiation of contracts: extensive experience in a wide variety of complex construction and infrastructure procurement models and projects, including design & construct, construct only, alliance, collaborative contracts, incentivised target cost, early contractor involvement, operating and maintenance and engineering, procurement and construction (and all corresponding downstream agreements, including consultancy agreements, supply agreements and subcontracts);
• Front end advisory: provision of strategic advice on issues including contract models and associated risk profiles, risk management and mitigation strategies;
• Material disputes and claims: extensive experience in the identification, assessment, prosecution and defence of material disputes and claims across the construction, engineering, resources and infrastructure project sectors;
• Dispute resolution: provision of strategic advice and management of substantial construction and infrastructure disputes in various forums, including adjudication, litigation, arbitration, mediation, and expert determination;
• Security of Payment: extensive experience in the preparation of adjudication applications and responses in New South Wales, Victoria, South Australia, Northern Territory, Western Australia, Queensland and the Australian Capital Territory;
• Projects in delivery support and dispute avoidance: provision of effective and commercial advice to projects in delivery, including advising on, and assessing project risks and formulating and executing strategies for dispute minimisation and avoidance; and
• Negotiation and communication: experienced negotiator in both contentious and non-contentious matters. Specialist communicator, including at Board level, C-Suite, and regional and functional leads.
Career Highlights
Michael’s career highlights include:
Front end
• Western Sydney Airport - Landside & Airside Packages (>$800m)- Bespoke Design & Construct: Advisor to the unincorporated joint venture (Seymour Whyte and BMD Constructions) for two tenders at Western Sydney Airport, one of which was awarded to the joint venture;
• Coffs Harbour Bypass Project (>$1.2Bn) – Collaborative Design & Construct: Advisor to the unincorporated joint venture (Seymour Whyte and Acciona Construction Australia) for its tender on the Coffs Harbour Bypass Project;
• Wyangala Dam & Dungowan Dam – Alliance (>$500m): Advisor to Seymour Whyte in its bid for the Wyangala Dam & Dungowan Dam Alliance;
• Inland Rail - Illabo to Stockinbingal (>$500m) – Bespoke Design & Construct: Advisor to the unincorporated joint venture (Seymour Whyte and Rhomberg Sersa Australia) for its tender on the Inland Rail - Illabo to Stockinbingal Project;
• Upper South Creek Networks Program - Engineering, Procurement and Construction: Advisor to the unincorporated joint venture (Seymour Whyte and Jacobs) for its tender on the Upper South Creek Networks Program, which was awarded to the joint venture; and
• Icon Water Major Works Program – Early Contractor Involvement & Incentivised Target Cost: Advisor to the unincorporated joint venture (Seymour Whyte and Vinci) for its tender on the Icon Water Major Works Program, which was awarded to the joint venture.
Back end
• Kingsford Smith Drive: Advisor to Lendlease Engineering in relation to the design and construction of the Kingsford Smith Drive Project (>$600m). The matter involved complex legal and technical issues associated with geotechnical conditions, design, delay and defects;
• Woolgoolga to Ballina Pacific Highway Upgrade Project: Acted for Seymour Whyte in injunction proceedings issued in the New South Wales Supreme Court and the Court of Appeal to restrain a subcontractor from seeking adjudication of disputed payment claims (Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq) [2018] NSWSC 412 and Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11);
• Ichthys LNG Project: Acted for ABB Australia Pty Ltd, a multinational corporation in the automation and power generation industry, in adjudications of payment disputes arising from the construction of the $USD34Bn Ichthys LNG Project, including associated judicial review proceedings in the Northern Territory Supreme Court and Court of Appeal (CH2M Hill Australia Pty Limited & Anor v ABB Australia Pty Ltd & Anor [2016] NTSC 42));
• Roy Hil Iron Ore Project: Acted for a specialist subcontractor in a dispute on the $10Bn Roy Hill Iron Ore Project in Western Australia, which involved various dispute resolution procedures including arbitration on claims for payment arising out of disputed variations and time-based claims;
• Bondi Pacific Project: Acted for Glavcom Pty Ltd, a specialist joinery subcontractor, in adjudication and subsequent New South Wales Supreme Court proceedings concerning security of payment issues (J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126); and
• PPP Hospital Project: Acted for a large subcontractor on complex dispute resolution processes (including mediation and expert determination) and litigation, across various jurisdictions and projects (New South Wales, Queensland, South Australia and Western Australia (including a $1.2Bn PPP Hospital Project)).