Projects lawyer specialising in providing contentious and non-contentious construction advice in relation to construction, engineering and major infrastructure projects

    Emily works within the Energy & Natural Resources Practice Group providing contentious and non-contentious advice to financiers, owners, contractors and subcontractors from a variety of industries involved in major infrastructure, including mining companies and major contractors and suppliers to the energy and resources sector, and private and government owners in the property development sector.

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    Energy and Resources

    • Acting for the builder, owner and operator of a 150 megawatt (MW) combined cycle power station on the South Hedland Power Station Project (AU$570 million), which involved the preparation and negotiation of the EPC contract. 
    • Acting for an equipment management company in negotiating a long term umbrella supply agreement with a major international mining company for the supply of equipment to the company’s mining sites across Australia. 
    • Acting for an international contractor bidding for the EPC contract for the Moree Solar Farm Project (AU$100 million) in New South Wales, which involved a detailed review of the contract and the preparation of qualifications. 
    • Acting for an equipment management company in negotiating supply agreements and maintenance and repair services agreements with mining companies for various projects in Western Australia (including the Gorgon Project). 
    • Acting for contractor in relation to multiple packages on the Roy Hill Project including preparing high level contract reviews, qualifications and proposed amendments to the contract; and providing advice on tripartite deed with principal and project financier. 
    • Acting for a contractor on umbrella engineering services agreement for the Wheatstone Project, which involved conducting a high level contract review, the preparation of contract qualifications and proposed amendments to the contract. 

    Public Infrastructure

    • Acting for a government owner on the Yagan Square Project (a major rail and retail hub and flagship public space within the Perth City Link Project), which involved the preparation of tender documentation and the construction contract; liaising throughout with the project team; and reviewing legal clarifications to bid submissions.
    • Acting for a contractor bidding for the design and construction contract for the New Perth Stadium Project, which involved undertaking a detailed review of the contract and the preparation of contract qualifications. 
    • Preparing Subcontracts and Supply contracts for the Fiona Stanley Hospital. 
    • Acting for the successful bidder for the Terminal WA Project (AU$80 million) (the construction of a new passenger terminal building at the Perth International Airport), which involved reviewing the tender documentation; undertaking and preparing a detailed Project commercial risk analysis; preparing qualifications and proposed amendments to the contract; and preparing a Project commercial roadmap after the contract was executed. 

    Property Development

    • Carrying out construction due diligence on behalf of the financier providing equity funding for three Perth residential property development projects. 
    • Acting for an international property development company in negotiating residential, commercial and retail developments in New South Wales. 
    • Carrying out construction due diligence on behalf of major Australian bank in relation to debt financing of an industrial development project. 
    • Acting for the owner on a Perth hotel refurbishment project. 

    General Transactional

    • Preparing suite of standard contracts for a government owner including a standard amended AS2124 General Conditions of Contract. 
    • General contract administration including preparing and responding to variation and extension of time claims; defect rectification notices; default/‘show cause’ notices; the exercise of take-out rights; payment claims and certificates; and generally providing advice and support on the administration of the underlying contract.
    • Preparing standard form supply contracts, consultancy contracts, construction and works contracts, and purchase orders for principals in the energy and resources and property development industry. 
    • Advising on various areas of construction and contract law, including liquidated damages; parent company guarantees and bonds; proportionate liability; consequential loss, liability caps and termination for convenience.
    • Advising on legislative compliance in relation to building and electricity permits, licences and registrations. 

    Disputes 

    • Acting for the owner in defending extension of time, delay costs and variation claims by the head contractor engaged for the supply, design and construction of the Central Ashanti Gold Project in Ghana, Africa; which included representing the owner in mediation.
    • Acting for the oil and gas operator in defending variation claims by the EPIC contractor for a subsea production system project in the Philippines.  
    • Acting for the principal in bringing delay and defects claims against design consultants on a major WA university facility project; which included representing the owner in arbitration proceedings. 
    • Acting for a Perth property developer in defending defects claims brought by the owners of a residential apartment complex. 
    • Acting for the principal in a dispute with the head contractor regarding delay, variation and defects claims under a contract for the design and construction of a university accommodation facility; which included representing the owner in mediation. 
    • Preparing adjudication applications and adjudication responses in relation to payment disputes under the Western Australian security of payment legislation (Construction Contracts Act 2004). 

    Education

    • The University of Western Australia, LL.B., 2006

    Admissions

    • Western Australia, 2008

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