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Robert O'Brien
Director (admitted in Ireland, not Australia)
Robert is a qualified lawyer in Ireland and a civil engineer with extensive experience in representing developers, contractors and sub-contractors in complex disputes arising out of a variety of projects.
He has had significant exposure to all methods of dispute resolution used within the construction industry, including adjudication, mediation and arbitration and has acted in high value claims in the Irish Commercial Court and the Supreme Court of Western Australia. In addition to dispute resolution work, Robert is also experienced in the drafting and administration of construction contracts.
Before joining the firm, Robert practised as a construction lawyer with a leading Irish firm. He began his legal as a civil engineer working for contractors in the UK, Australia and Ireland on a variety of infrastructure and commercial projects.
- Acting for an engineering consultancy in international arbitration proceedings to enforce a parent company guarantee.
- Assisting an engineering consultancy in the administration of an EPC contract for the design and construction of Australia’s first lithium hydroxide processing plant. Subsequently acting for the consultancy in Western Australian Supreme Court, Court of Appeal and domestic arbitration proceedings.
- Advising the main contractor on disputes arising out of the Ichthys LNG project both in adjudication and in international arbitration.
- Acting for a Western Australian-based Property Group in the defence of adjudications from subcontractors on various building projects.
- Acting for a main contractor in the defence of adjudications arising out of the construction of camp facilities on Rio Tinto’s Koodaideri iron ore mine and in subsequent litigation of those matters.
- Secondment to an Australian-based contractor to provide support in disputes with its joint venture partner arising out of the Ichthys LNG project.
- Advising a Canadian energy company in claims arising out of the construction of the Curtis Island and Gladstone LNG plants.
- Advising a Canadian energy company in defence of claims by Chevron in connection with the Gorgon Gas Project.
- Acting for a Canadian power company in the defence of claims by Monadelphous Group arising from the construction of the Fortescue River Gas Pipeline.
- Acting for a Canadian power company in a dispute arising out of the termination of a power purchase agreement following the construction of a Pilbara Power Station.
- Acting for a Canadian energy company in a dispute with Jemena concerning the Eastern Gas Pipeline.
- Acting for a premier international engineering consultancy company in the defence of a series of claims by Rio Tinto arising out of the construction of the Hope Downs 4 and Marandoo iron ore mines in the Pilbara.
- Providing ongoing advice to the Joint Venture delivering the construction of the Forrestfield Airport Link project and acting in the defence of subcontractor disputes and adjudications.
- Acting in the defence of subcontractor delay and disruption claims arising from a joint venture with John Holland for the construction of the Eastern Goldfields Regional Prison.
- Advising a property group on claims arising from defects in newly constructed office buildings.
- Advising investors on the construction risks associated with the acquisition of newly constructed and proposed windfarms in Ireland.
- Undertaking due diligence of balance of plant contracts for financiers of a number of Irish wind farms.
- Instructing Queens Counsel in the defence of a series of arbitrations ranging from €20 million to €120 million arising out of design and build motorway schemes under the FIDIC form of contract.
- Drafting amendments to FIDIC yellow book (D&B) contracts for use on Irish energy projects.
- Acting for an Irish local authority in the defence of a €7 million claim in arbitration arising from the construction of a bypass and associated structures under an Irish domestic design and build contract.
- Acting for a Healthcare group in an Irish Commercial Court procurement challenge against the Irish Health Service Executive.
- Acting in a procurement challenge against the award by the Dublin Airport Authority of a site services contract.
- Acting for an Irish local authority in the defence of a High Court procurement challenge by RPS consulting against the award of consultancy services to Aecom.
- Acting for the Carers Association in a High Court procurement challenge against the award by the Irish Health Service Executive.
- Acting for liberty insurance in the defence of a personal injuries claim in the High Court for in excess of €1 million arising out of a construction incident.
- Acting for a motorway operator in the defence of claims in the High Court in respect of alleged property damage caused during the construction of a PPP motorway scheme.
- Acting for SGS United Kingdom Limited in a dispute arising from an incident during the inspection of wind turbines involving parties based in Ireland, the UK and Holland.
Education
- The Law School of the Honourable Society of Kings Inns, Degree of Barrister at Law, 2009
- University College Dublin, Diploma in Arbitration, 2004
- Trinity College Dublin, Diploma in Project Management, 2003
- Trinity College Dublin, Diploma in Construction Law, 2002
- University of Dundee, BEng (Hons) Civil Engineering, 1999
Admissions
- Ireland (barrister), 2009
- Recognised by Doyle’s Guide 2022, 2023 and 2024 as a Construction Law Rising Star in Western Australia.