Jennifer Boutros (née Ayoub) is a senior associate in the Litigation Practice Group in the Sydney office with experience in contentious and non-contentious matters in the field of construction, major projects, engineering and commercial-related disputes.

    She advises developers and builders on all aspects of the project cycle, including the approval and planning process, drafting and negotiating complex construction contracts, contract administration, risk management and dispute resolution.

    She also has extensive experience in large commercial litigation matters and has acted on behalf of Australian and international clients in the Supreme Court of NSW and the NSW Court of Appeal, as well as in arbitrations involving issues pertaining to contractual breaches, assignment of warranties, design and construction defects, extensions of time, variations, liquidated damages, operation and effect of indemnities, limitation of liability, termination, negligence, misleading and deceptive conduct, the Home Building Act and the Building and Construction Industry Security of Payment Act (in various jurisdictions).

    She has acted on behalf of government statutory bodies in Fiji, including the Fiji Roads Authority and the Housing Authority Fiji, in providing advice and representation in the High Court of Fiji and Fiji Court of Appeal concerning contractual and payment disputes, misleading and deceptive conduct, validity and enforcement of arbitration agreements and the application of the new International Arbitration Act in Fiji.

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    Back End

    • Represented an international engineering firm in successfully defending an AU$100 million claim brought against it in the Supreme Court of NSW and in an arbitration for the alleged failure of the design of the stormwater system at a train maintenance facility owned by Railcorp. Was involved in the day-to-day conduct of the litigation, from the commencement of the dispute to the dismissal of the proceedings, spanning over a period of three years, which involved carrying out detailed investigations into the engineering design of the stormwater system; thorough investigation of facts and legal issues; drafting extensive lay evidence on behalf of the leading engineer; preparation of structural, geotechnical and hydrological engineering and quantum evidence; review and analysis of voluminous discovery documents; and assisting in developing the legal strategy and an aggressive defence.
    • Represented a large Australian developer in defending an AU$15 million claim brought against it in the Supreme Court of NSW for the alleged defective design and construction of pavements at a container terminal in Port Botany, and in successfully prosecuting a cross-claim against the engineer who designed the pavements. Had day-to-day carriage of the matter leading up to and including the four-week trial, which involved advice on and consideration of complex legal and factual issues, including engineering principles in the design, construction and performance of high-grade concrete pavements; whether warranties had been effectively assigned; quantification of loss suffered where the terminal had been sold; betterment; allocation of risk and liability to the designer and contractors; existence of a duty of case in the context of complex commercial contracts; and misleading and deceptive conduct.
    • Assisted in representing a Spanish infrastructure company and its Australian joint venture partner in relation to a current project to upgrade a major roadway in Sydney’s northern suburbs, which included providing advice on the termination of a large subcontract for the significant electricity component of the project and administering outstanding claims under the contract.
    • Assisted in representing a Spanish infrastructure company in relation to various disputes with its Australian joint venture partner in relation to contributions required by each joint venture partner in respect of two Australian projects.
    • Representing the government statutory body, responsible for the building and management of roads, bridges and jetties, in prosecuting an AU$100+ million claim against an international project consultancy firm for fraudulent misrepresentation and return of excessive amounts of money received under a contract for the provision of project management services to assist the authority in meeting its statutory function.
    • Representing the government statutory body in a Malaysian company’s claim arising from a privately funded, turnkey development of a township with a mix of high and low cost residential, commercial and retail and associated water and waste infrastructure.

    Front End

    • Drafting and negotiation of early works, main works and consultancy contracts on behalf of a global company, for the design and construction of the Mercedes Benz Showrooms in Croydon, NSW; Newstead, QLD; and North Lakes, QLD.
    • Drafting and negotiation of contracts and consultancy agreements for the design and construction of childcare centres around Australia (NSW, VIC, QLD, SA).
    • Drafting and negotiation of contracts for Fiji Airways, including review and amendments to technical specifications to ensure consistency with contractual obligations in respect of the development of the Fiji Airways Aviation Academy in Nadi, Fiji.
    • Assisted in the drafting of contracts on behalf of Frasers for the development of Central Park.

    Education

    • University of Technology, Sydney, LL.B., (Dist), 2012
    • University of Technology, Sydney, B.Bus, (Dist), 2012

    Courts

    • Supreme Ct. of New South Wales, 2013

    Memberships and Affiliations

    • Member of UTS Honour Society
    • Member of National Association of Women in Construction

    Languages

    • English
    • Arabic
    • 2018 – Finalist in Construction & Real Estate Division in Lawyers Weekly 30 under 30 Awards 2018
    • 2012 – Awarded the UTS Competition Law Award

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    • 2012 UTS Competition Law Award for best academic performance in Competition Law.
    • Member, UTS Honour Society (exclusive membership for high achieving graduates in the top 15% of their cohort).
    • Member, National Association of Women in Construction (NAWIC).
    • Member, Maronite Lawyers Guild.

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