Melissa Koo

Dispute Experience

• Acted for a Chinese subcontractor on a dispute with the Spanish head contractor arising out of an equipment supply contract for the Roy Hill project under the UNCITRAL Arbitration Rules. 
• Acted for the owners of a lithium carbonate processing plant in China and assisting in arbitration proceedings under the ICC Rules in Singapore and the CIETAC Rules in the People’s Republic of China.
• Acted for the joint venture subcontractor against the lower tier subcontractor in arbitration proceedings under the ACICA Arbitration Rules for claims arising out of the Combined Cycle Power Plant package on the Onshore Ichthys LNG Project.
• Acted for an international contractor on a dispute with its consortium partner arising out of the Cryogenic Tanks package on the Onshore Ichthys LNG Facilities Project, the dispute resolution forum is ICC arbitration in Singapore.
• Acted for the head contractor on variation, delay and disruption claims arising out of the AU$700 million SMP contract on the Ichthys LNG project, the dispute resolution forum was ICC arbitration in Singapore.
• Acted for the world’s largest dredging company in a dispute arising between the owner and developer of an LNG project in Northwest Australia, the dispute resolution forum was ICC arbitration in Perth.
• Acted for the head contractor in a dispute against the subcontractor arising out of the Perth Children’s Hospital Project, which included defending claims and formulating counterclaims, strategic advice and negotiations.
• Acted for a subcontractor in a dispute with the head contractor arising out of the Perth Stadium Project.
• Acted for contractors in a disputes against the owner arising out construction and services contracts for the Gorgon Project.
• Acted for a contractor in a dispute with the EPC contractor arising out of the Onshore Ichthys LNG Facilities Project, including providing extensive advice on contractual rights and obligations.
• Acted for an international contractor in a dispute arising out of the Domgas Custody Transfer Meter Station on the Gorgon Project.
• Acted for the subcontractor in Supreme Court proceedings against the head contractor in a dispute arising out of an iron ore project in the Pilbara region.
• Acted for a large developer in Supreme Court proceedings against the Water Corporation and an engineering consultancy in relation to a Perth development.
• Acted for a contractor client in relation to a Supreme Court injunction to restrain the call on bank guarantees arising out of the Central Law Courts Refurbishment Project.
• Successfully representing clients in adjudication applications and defending adjudication applications under the Construction Contracts Act 2004 in Western Australia and Construction Contracts (Security of Payments) Act 2004 in the Northern Territory.

Commercial and Contracting Experience

• Advising on the following contracts and projects:
• Energy from Waste (amended FIDIC silver) EPC contract for a paper mill project in Victoria.
• Major Works contract for a weapons range redevelopment project, Northern Territory.
• Master Services Contract for the Gorgon Project, Barrow Island.
• Design and Construct contract for the Sydney Airport B4A Terminal Expansion Project.
• EPC contract for a solar farm project in the Australian Capital Territory.
• Head contract with the Commonwealth of Australia for a bridge repairs project in Garden Island, Western Australia.
• Construction contract for redevelopment works at Perth Airport.
• Major Works subcontract for the New Royal Adelaide Hospital Project.
• Services contract for a BHP Billiton Nickel West project.
• Design and Construct subcontract for the Ichthys GEP Project in Darwin.
• Subcontract for a Perth hotel development project.
• Drafting suites of contracts, including design and construct contracts, engineering services/consultancy contracts, equipment supply contracts, major and minor subcontract agreements.
• Acted for an international hotel group in preparing the lead design consultant contract for the Rydges Hotel Redevelopment Project in Perth.
• Providing high level review and advice in relation to EPC, design and construct and construct only contracts including allocation of risk, consequential loss, caps on liability, indemnity provisions, variations and liquidated damages.