Feras Hamdan
Associate
Feras Hamdan is an associate in the Litigation Practice Group based in the Sydney office, acting for national and international clients in commercial and construction disputes, in courts, tribunals and alternative dispute resolution forums. Feras is experienced in advising on disputes arising from the Security of Payment Act legislation across all Australian states and acting for entities in complex adjudications, arbitrations, and other forms of dispute resolution employed in the construction industry.
- Acting for a construction company in an AU$50 million dispute relating to a variation claim, delays and other contractual breaches, which is pending to be progressed to arbitration. The matter was first initiated under adjudication; however, the nature of the claim was too complex for an adjudicator to assess on the issues in dispute.
- Acting for owners in relation to a complex dispute against a builder with respect to defects, breach of contract, misleading and deceptive conduct, and allegations of civil fraud. The matter was primarily initiated as a defects claim until assessment of the claim, which required a transfer to the Supreme Court due to the quantum of damages and serious allegations of issues involving, but not limited to, the tort of deceit.
- Acting for a Tier 2 builder on various disputes on unrelated projects in relation to retention recovery, contract disputes, delay and debt recovery claims.
- Acting for owners corporations in relation to home building claims for defects with respect to the implied warranties under the Home Building Act 1989 (NSW), as well as multiple owners corporations matters that are currently live at NSW Civil and Administrative Tribunal (NCAT), which involve settlement negotiations, instructing experts on common property and/or individual lot owners’ defects, and providing advice on the extent of liability attributable to the developer and/or builder.
- Performing contract review negotiations in accordance with mitigation commercial risks under a construction contract, particularly mitigating time delays, access issues, liability periods and indemnities.
- Acting for construction companies pursuant to the Building and Construction Security of Payment Act 1999 (NSW) in relation to enforcing payment claims and advising on the validity of a payment claim and/or payment schedule in response. Successfully acting for a construction company in enforcing judgment debt for an outstanding payment claim of AU$150,000, which was settled prior to the listed hearing.
- Acting for telecommunication fibre-optic installers and advising on the Telecommunications Act 1997 (Cth) with respect to the developer’s obligations for making available fibre-optic networks at development sites and on the unfettered rights of the fibre-optic provider.
- Acting for a national telecommunications service provider in accordance with the Competition and Consumer Act 2010 (Cth). The matter involved dealing with an Australian Competition and Consumer Commission (ACCC) inquiry into the competitive conduct with respect to telecommunications infrastructure, to advise on a “separation undertaking” that the client had appropriately split its service arms between wholesale and retail functions.
Education
- University of Technology, Sydney, Bachelor of Laws & Bachelor of Business, 2020
Courts
- Supreme Court of New South Wales, 2021
Memberships & Affiliations
- The Law Society of NSW
Languages
- English
- Arabic