Construction Contract Preparation and Negotiation
Infrastructure – Road, Rail, Water, Port
- Advice and contract drafting in relation to NOPs consortium agreement, including review of head contract, regarding the Bunbury Outer Ring Road Project, an AU$850 million Main Roads WA alliance contract.
- Advice on the head contract project bank account arrangements relating to the project alliance agreement for the Mitchell Southbound Upgrade, Hepburn Avenue to Warwick Road, Project.
- High-level contract reviews, advice and participation in contract negotiations and contract preparation to the preferred engineering/construction consortium on the alliance contract for the design, construction and maintenance of the AU$511 million, 71km Perth-Bunbury Highway (now Forrest Highway).
- Advised on the Australian government’s proposed alliance contract for the Davis Aerodrome, Antarctica, for the preferred contractor.
D&C, ECI and Construct Contracts
- Acting for the consortium delivering the Forrestfield Airport Rail Link Project on a D&C Contract with the PTA, involving 8km of rail tunnels at a cost of over AU$1.2 billion, including head contract contractual advice and preparation of a suite of consultant, supply and maintenance contracts and subcontracts.
- Preparation of a suite of project contracts for the owner of a lithium processing facility in WA.
- Preparation and negotiation of a suite of supply and works contracts for the project owner for the upgrade of its mine and lithium processing facility in WA.
- Advised on the PTA’s tender contract documents relating to various packages of the Perth to Mandurah Rail Project.
- Prepared a suite of contracts for several major WA civil contractors, including standard joint venture agreements, construction and works subcontracts, goods supply agreements and consulting contracts.
Health and Education
- Preparation of D&C and other related contracts for the delivery of various faculty buildings for a premier Western Australian university.
- Preparation of the tender contract for an inter-governmental medical research organisation relating to the design and construction of a clinical research clinic for early phase clinical trials, using an amended AS design and construction contract.
- Preparation of tender documents, including construction contracts, for the state and federal government and university consortium for two premier Western Australian research facility buildings.
- Review and advice on managing contractor contract for Fiona Stanley Hospital and preparation of a suite of subcontracts for the operation and maintenance of Fiona Stanley Hospital.
Power and Renewables
- Acted for an IPP in relation to its solar power station EPC and O&M contracts for the Goonumbla 70MW PV Solar Power Project in NSW involving negotiating an MOU and preparing terms sheets, negotiating the terms sheets and preparing the contracts.
- Secondment advice to a major Australian renewable energy company on its template contract for the purchase of solar panels.
- Acting for an international engineering company that delivers offshore projects on its early-stage legal issues concerning potential Australian offshore wind farms.
- Advice to a project sponsor on project documentation concerning the Kondinin Wind and Solar Farm.
- Advised on the regulatory requirements related to solar and wind farms.
- Acted for the EPC contractor in advising on its contract with Verve Energy relating to the delivery of the Greenough River Power Project, a 10MW PV power station at Greenough, Western Australia, near Geraldton.
- Acting for a bidder for the acquisition of Mumbida Wind Farm, a 55MW wind farm project in Western Australia, including the review of the EPC contract and O&M agreement, and preparation of a due diligence report.
- Acted for the owner and operator of a 150MW combined cycle power station known as the South Hedland Power Station Project, which involved the preparation and negotiation of the EPC contract.
- Prepared, for the EPC contractor, a template EPC contract for the delivery of solar power stations in Australia.
Mining and Mining Services Contracts
- Prepared and negotiated a design and construct contract with an engineering consultant relating to the development of the Bottle Creek Gold project for a gold mine owner.
- Prepared for the project owner a consultancy contract for a feasibility study by an engineering consultant regarding WA’s first uranium mine project.
- Prepared an engineering consultancy contract for the project owner of a proposed graphite processing facility at Kwinana, WA.
- Advised on and negotiated a D&C contract for a major WA consultant and contractor in the lithium industry relating to the expansion of lithium processing facilities at Kwinana in WA and advised on its contractual arrangements relating to an expansion of a lithium mine and associated infrastructure at Greenbushes, WA.
- Negotiated a mining equipment supply contract relating to the Roy Hill Iron Ore Project, including advice, contract negotiations and contract drafting.
- Advised on contracts for the establishment of mining and processing and on haulage from the mine to the port relating to the Pilgangoora Lithium-Tantalum Project in the Pilbara of Western Australia.
- Advised mining services contractors in relation to contractual rights and obligations arising under iron ore mining and O&M contracts, including those concerning Area C, Yandi, OreBody 23/25, Mt Keith Nickel Project, Greenbushes, the Super Pit at Kalgoorlie and Yarrie-Nimingarra.
Oil and Gas
- Advised on various EPC contract packages for the Ichthys LNG project, including preparation of contract qualifications and contract negotiations. The packages included site establishment, energy supply, civils and mechanical works.
- Review of and advice on the tender documents and proposed contracts for the Construction of Site Development and WAPET Landing, General Services and the geotechnical, precast concrete caissons and utilities packages for the Gorgon LNG Project.
- Review of and advice on various tender packages for the Wheatstone LNG Project.
- Advised the owners of the Goldfields Gas Pipeline and its laterals on various contractual issues involving its gas transmission agreements, including the tariffs and charges under those agreements.
- Advised on the site preparation works contract for Woodside's Pluto Gas project for an engineering contractor tendering for this project.
Commercial and Residential Developments Including Hospitality and Leisure
- Prepared D&C contracts and consulting contracts relating to the Perth Hub residential tower and the adjacent Dorsett Hotel.
- Acted for the owner in advising on and preparing construction and consulting contracts for the delivery of the new Perth Intercontinental Hotel.
- Acted for the redevelopment authority in advising on and preparing construction and consulting contracts for the delivery of Yagan Square and other packages in the Perth City Link Project in the Perth CBD.
- Prepared an architectural consultancy contract for a high-rise development proposed for Elizabeth Quay.
- Advised a national developer on its complex contractual arrangements relating to the redevelopment of the Old Treasury Buildings (now known as the State Buildings) in the Perth CBD.
Supply of Goods and Services Contracts
- Advising an international, inter-governmental organisation on the local regulatory regime and its proposed NEC-based contracts relating to an iconic Telescope project in the Murchison region of Western Australia.
- Advised a mining plant and equipment supplier in relation to its contractual arrangements for supply of plant, equipment and parts, including its contracts with some of Australia’s leading mining companies.
Back-end Experience: Engineering, Construction and Major Disputes
Resources, Energy and Mining Disputes
- Represented an overseas port and mining equipment supplier against Duro Felguera in a successful international arbitration seated in Singapore concerning the Roy Hill Iron Ore Project.
- Represented the engineering contractor in Supreme Court and Court of Appeal proceedings and in domestic and international arbitrations concerning recovery of the unpaid contract sum and defending a counterclaim in relation to a lithium processing facility at Kwinana, WA.
- Advised and assisted the contractor consortium to the Ichthys LNG Project on disputes with the project owner the subject of an international arbitration and numerous adjudications.
- Assisting a major subcontractor to the Ichthys LNG project in an international arbitration case against its joint venture.
- Advising a joint venture of two major WA engineering companies on its head and subcontract disputes regarding the Western Turner Syncline Phase 2 project, including representation in multiple adjudications and an expert determination.
- Advised on and representing an international IPP in its claims in the Supreme Court for charges payable under a power purchase agreement concerning the South Hedland Power Station.
- Acted for an engineering contractor in Supreme Court proceedings in relation to alleged defective processing plant design at Rio Tinto’s Hope Downs 4 and Marandoo Mine Phase 2 iron ore projects.
- Represented a major WA civil contractor in its Supreme Court claim relating to monies owing under a contract for the construction of a tailings dam for the Sino Iron Project.
- Advised an international subsea pipe supplier to the Ichthys Project on claims by it and against it by Inpex.
- Advice on claims relating to the Ichthys LNG project for delay, disruption and variations concerning civil and mechanical works.
- Advised on and defended claims for additional works and alleged faulty design and supply of plant and equipment relating to the DOMGAS metering station for the Gorgon LNG project; advised on claims by an onshore pipeline contractor to the Gorgon LNG Project; advised the offshore pipeline installer to the Gorgon LNG Project on its claims relating to that project.
Infrastructure, Civil and Building Disputes
- Representing a major contractor to the Mount Holland Lithium Project against a subcontractor in adjudication and Supreme Court judicial review proceedings.
- Acting for the consortium delivering the Forrestfield Airport Link Project in two Supreme Court review proceedings arising from adjudication outcomes.
- Advising a major listed WA civil contractor on claims and issues concerning the iron ore railway and roadworks head contracts and subcontracts.
- Advising an international supplier of materials used for the North West Rail Link Project in NSW in its contractual issues regarding alleged defects.
- Advised an offshore pipeline supply and installation company concerning its disputes regarding the Cooper Energy Sole Project.
- Acted in Supreme Court proceedings for the independent power producer in defence of claims for contract payments under a contract for the construction of the Fortescue River Gas Pipeline.
- Advised an international hotel and development company in relation to contract issues with the builder concerning the Ritz Carlton development at Elizabeth Quay.
- Advising the design and construction and maintenance contractor on its construction contracts and long-term concession agreement relating to the Darwin Marine Supply Base.
- Advised a major Northern Territory contractor on its contract disputes, including representation in an expert determination, concerning Indigenous Employment and the New Youth Justice Centre.
- Acted for the joint venture roads contractor delivering an extension to the Great Northern Hwy.
- Advised a premier WA university in its dispute with a contractor concerning a student accommodation facility, leading to termination of the contract and the preparation of contract documentation to complete the project.
- Advising the developer in relation to claims for building defects relating to its Kings Square development in the Perth CBD.
- Advised various contractors on road pavement issues raised by Main Roads WA relating to road pavement failures on Perth’s major freeways.
Alternative Dispute Resolution
Greg has more than 30 years of experience in dispute resolution in the construction and engineering industry. As well as an advocate, he is an experienced international arbitrator and a grade 1 domestic arbitrator, an experienced commercial mediator and a leader in the field of settling disputes by alternative dispute resolution.
Greg is an experienced (since 1993) and accredited mediator. In his construction and commercial practice, he has represented his clients at numerous mediations, both private (before some of Australia's pre-eminent mediators) and court-based. His mediations have included the mediation of disputes regarding Perth Stadium and Midland Hospital.
Greg has been a practising arbitrator for over 30 years. He is an international arbitrator (a fellow of ACICA) and a grade 1 arbitrator of domestic disputes with IAMA (now Resolution Institute). He has been appointed by ACICA, the ICC, Resolution Institute and other nominating bodies, as well as by the parties directly.
Specific arbitration experience includes:
As arbitration counsel or solicitor:
- An international arbitration (UNCITRAL Rules) between a Chinese entity that supplied mining and port equipment to a major contractor on the Roy Hill Iron Ore Project. The case was heard in Singapore before an international arbitration tribunal. Appeared as co-counsel.
- A domestic arbitration (Resolution Institute Arbitration Rules), concurrent with an international arbitration (UNCITRAL Rules), in 2020 and 2021, before a retired Supreme Court judge over a design and construct contract between a WA engineering company and a Chinese entity over an expansion of a Lithium Processing Facility in WA.
- Advised an international head contractor consortium, in 2019 and 2020, in defending a counterclaim based on alleged delay and disruption, in a major international arbitration concerning the Ichthys LNG project.
- Arbitrator of construction disputes in a domestic arbitration under Resolution Institute Rules regarding a new resources project in Queensland.
- Arbitrator of a subcontract dispute concerning a WA new regional airport project under Resolution Institute Rules.
- Conducted an ICC arbitration as chair of the arbitral panel concerning a Queensland LNG project.
- Appointed by ICC to conduct an arbitration over a resources dispute regarding a project in Kenya.
- Arbitrator of a subcontract construction dispute concerning a WA iron ore project.
- Conducted an arbitration concerning an international petroleum-related dispute as sole arbitrator appointed by ACICA. The arbitration involved Australian and British Virgin Islands companies and concerned a dispute over an acquisition and farm-in agreement regarding a production area in Southeast Asia.
Greg has intimate knowledge of the Construction Contracts Act (CCA) and the Building and Construction (Security of Payment) Act (SOPA) and represented parties to precedent-setting decisions on the CCA by the Supreme Court. He also represented the Law Society of WA in the recent enquiry that recommended the SOPA. His headline adjudication experience includes:
- Represented the consortium delivering the Forrestfield Airport Link Project in multiple adjudications, including two Supreme Court review applications.
- Represented and advised the head contractor in several adjudications with the owner issued in the Northern Territory concerning the Ichthys LNG project.