ECI/Managing Contractor Contracts
- Review and advice on managing contractor contract for Fiona Stanley Hospital to bidder.
- Preparation of back to back works subcontractor for managing contractor appointed for the Fiona Stanley Hospital project.
- Advice on ECI contracts proposed by Main Roads Western Australia.
- Advice on and preparation of tender and contract documentation for the construction of a premier Western Australian research facility.
- Preparation of an operational roadmap for managers of the South East Queensland Schools Private Public Partnership, which involved the design, construction, commissioning, operation and maintenance of seven government schools.
- Advised a consortium on the D&C and O&M agreements for the Mundaring Water Treatment Plant PPP.
- High level contract reviews, advice and participation in contract negotiations and contract preparation to a preferred engineering/construction consortium on the alliance contract for the design, construction and maintenance of the AU$511 million, 71 km New Perth-Bunbury Highway. The legal work included the review of a separate Direct Cost Target Development Contract by which the Direct Cost Target was to be developed by the consortium and the principal, the review of the alliance agreement and the preparation of the consortium agreement.
- Review for a consortium of contractors of the proposed alliance contract prepared by Main Roads WA for the Mandurah Entrance Road project.
- Advice to the head contractor on its alliance contract relating to Bridge Works and Track Laying for the Pilbara Infrastructure Project.
- Advising an engineering contractor on amendments to the Project Agreement for the delivery, by a hybrid alliance, of a brownfields iron ore expansion project for Hamersley Iron in Western Australia.
- Advising the Contractor on the alliance agreement concerning Origin's Kupe Gas Project in New Zealand.
- Advised the mining services contractor on an alliance contract for the St Ives Gold Project.
- Providing a high level contract review and proposals for amendment of a 2006 hybrid alliance agreement for the Yarrie-Nimingarra Iron Ore project.
- Drafting amendments for a partnering contract, from the contractor’s point of view, concerning contract mining at the Mt Keith Nickel Project.
- Advising on contract interpretation issues which arose in relation to alliance/partnering contracts relating to East Spar, Worsley Expansion, Murrin Murrin Nickel and Cobalt Project and Cockburn Cement Kiln 6 Project.
- Advising the engineering contractor on its long-term alliance-based maintenance contract with the Water Corporation including a general review of that contract and preparation of amendments.
- Advising on and delivered presentations relating to the Water Corporation's alliance model for the contractual delivery of major water infrastructure.
- Presenting seminars to Engineers Australia and other organisations and engineering clients on alliance and relationship contracting.
Mining and Mining Services Contracts
- Preparing and negotiating a design and construct contract with an engineering consultant relating to the development of the Bottle Creek Gold project for a gold mine owner.
- Preparing a consultancy contract for a feasibility study by an engineering consultant regarding the Mulga Rock uranium project for a uranium mine owner.
- Acting for Roy Hill Holdings Pty Ltd in relation to a confidential services contract relating to the Roy Hill Iron Ore Project including advice, contract negotiations and contract drafting.
- Review of roadworks and aerodrome agreement relating to the Roy Hill Iron Ore Project.
- Assisted WA construction company Ertech in their negotiations to successfully secure an AU$50 million general services contract for the Gorgon Project.
- Advising a national engineering contractor in relation to its contractual rights and obligations arising under iron ore mining, operation and maintenance contracts with BHPB concerning Area C, Yandi and OreBody 23/25 and negotiating new contracts with BHPB. Advice has included the preparation of formal contract reviews, a rights and obligations précis and an operational roadmap.
- Review of 13 contract mining contracts as part of a due diligence process relating to the acquisition of the Australasian mining business of Henry Walker Eltin for the successful purchaser.
- Review of BHPB's standard engineering work terms and conditions for its mining contracts for the mining services contractor and negotiation of amendments.
- Review and recommending amendments to the proposed mining services agreement for HWE Mining concerning OneSteel's South Middleback Ranges (iron ore) mining contract which involved pumping a slurry of haematite iron ore along a dedicated pipeline.
- Review of Hamersley Iron contract for the pre-strip and mining services at Greater Parabadoo and preparation of subcontract between an aboriginal company as head contractor and the major subcontractor.
- Acted for Roche Mining for 10 years. Legal work included formation and documentation of a seven year contract mining contract and associated subcontracts for the Mt Keith Nickel Project and advising on contract reviews and administration issues relating to Roche Mining's contracts regarding Greenbushes, the Super Pit at Kalgoorlie and Yarrie-Nimingarra.
- Advising a major international oil and gas producer with significant off shore operations in WA on its standard form supply contract and recommended amendments for use in the development of its WA oil and gas operations.
- Review of the proposed geotechnical services contract for Rio Tinto's Cape Lambert Port Expansion project and preparation of a deed of indemnity allowing for the release of a preliminary geotechnical report.
- Preparation of a suite of contracts for ore crushing at the Mt McClure Mine for a mining services company.
- Review, drafting or amendment of various mining and crushing contracts concerning major WA mining projects, for example, Golden Fig Mine, Eneabba Mine and Onslow Salt Project.
- Preparation of a model contract mining services agreement for mine owner New Hampton Gold.
- Review of standard underground mining services agreement on behalf of the principal regarding the Gwalia Deeps Underground Mine.
Other Resources and Mining Contracts
- Advised Roy Hill Holdings and negotiating mining related contracts for the Roy Hill Iron Ore project.
- High level review of infrastructure contract for the Pilbara Iron Ore & Infrastructure Project and advising the engineering consultant on the feasibility study for this project.
- Review of tender rail earthworks contracts for the Pilbara Iron Ore & Infrastructure Project for a major tenderer.
- Review of EPCM contract for the principal of the Ravensthorpe Nickel project in Western Australia before that project was sold to BHPB.
- Contract review of and drafting of amendments for an EPCM contract for the delivery of the Telfer Gold project for the EPCM contractor and contract review of and advice on the electrical works contract for the contractor.
- Reviewed and re-drafted a design and construct contract for the proponent of a WA gold processing facility.
- Drafting amendments to an alliance contract, from the contractor’s point of view, concerning contract mining at the Mt Keith Nickel Project.
- Advised a major national construction, mining and civil engineering company in relation to its contractual rights and obligations arising under its mining operation and maintenance contract with BHPB relating to the Yarrie-Nimingarra Iron Ore Mine.
Natural Gas Sector
- Reviewing and advising on three EPC contract packages for the Ichthys LNG project including preparation of contract qualifications schedule. The packages relate to early works and energy supply.
- Advised the pipeline owners on various gas regulatory issues (especially the Natural Gas Third Party Access Code) concerning the Goldfields Gas Pipeline and its laterals.
- 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.
- Review of the site preparation works contract for Woodside's Pluto Gas project for an engineering contractor tendering for this project.
- Review of the pipeline construction and installation contract for the contractor of stage 5 of the DBNGP Expansion.
- High level review of the Ichthys LNG EPCM contract including preparation of contract issues schedule and qualifications schedule.
- Advising the geotechnical consultant on its proposed contract for on shore geotechnical services related to the Ichthys project at Darwin.
- Advice on the FEED Agreement for a major Japanese engineering company in relation to the Ichthys project.
- Drafting of contracts for services and supply for Apache Energy's Reindeer project.
- Advising the project owner on the proposed EPC contract with its preferred contractor for the on shore aspects of the Devils Creek Development Project.
- Review of and advice on the tender documents and proposed contracts for the geotechnical, precast concrete caissons and utilities packages for the Gorgon Gas Project.
Development Project Contracts
- Acted for the owners of a premier CBD office building (AMP Tower) in relation to a major refurbishment of that building. Includes preparing a range of contractual documents, including the main construction contract.
- Acted for a government authority, as owner of a premier CBD office building (Central Park) in relation to a multi-million refurbishment of the external areas of that building which involved preparing the consultancy contract and the tender documents including the main construction contract.
- Review of the agreement for lease relating to the refurbishment of a premier CBD office building (Westpac building) for the building owner.
- Acted for a consortium in preparing a development agreement for the redevelopment of Perry Lakes Stadium into residential land with associated sporting (including stadium) facilities.
- Advice on the construction related issues including review of building contract for the Emu Brewery redevelopment (“City Square Project”) for the owner.
- Prepared the development agreement and the certifier agreement for the KewLink commercial development on Perth Airport land for the developer.
- Acted for a redevelopment authority in preparing a period works agreement for the periodic earthworks and development works associated with the final stages of the East Perth Redevelopment.
- Prepared for the principal the design and construction contract for the Lake Street Car Park in Northbridge.
- Acted for a Commonwealth Government authority in relation to the acquisition of property and the design and construction of residential housing for defence personnel at Karratha.
- Prepared for the land owner a contract with a home builder for the house and land package development of 27 survey strata lots in the outer metro area at Ashton Mews.
- Participating in tenant negotiations and advising on the agreement for lease with the proposed anchor tenant of Bishops See Stage 1/KPMG House 235 St Georges Terrace for the building owners.
- Review of contracts for 'Green Buildings' – Bishops See in Perth and Office Towers 1 and 2 of the Adelaide City Central Project.
Facilities Management, Maintenance and Repair Contracts
- Advising the facilities manager of the Fiona Stanley Hospital generally with various matters of concern and through several practice groups of the firm including advice on Subcontracts, Supply contracts, ICT contracts, Service contracts, freedom of information, security issues etc. Fiona Stanley Hospital will be Western Australia's flagship health facility. It will be the major tertiary hospital in the south metropolitan area and will offer health care services to communities south of Perth and across the State, the AU$ 2 billion project on which construction has begun in Jan 2010 and is due to commence operations in 2015.
- Advising Australia’s exclusive supplier of Caterpillar mining plant and equipment in relation to its contractual arrangements for maintenance and repair including its contracts with some of Australia’s leading mining companies.
Supply of Goods and Services Contracts
- Advising Australia’s exclusive supplier of Caterpillar mining plant and equipment in relation to its contractual arrangements for supply of plant, equipment and parts including its contracts with some of Australia’s leading mining companies.
- Advised an international company which supplies and hires civil, engineering and mining plant and equipment on its contract arrangements in Australia.
- Advising a Western Australian based, publicly listed mining company on contract arrangements for its projects in Africa including preparation of a suite of contracts for its greenfields and brownfields gold processing plants.
- Preparing a suite of supply and plant hire agreements for major Western Australian civil, engineering and mining contractors.
Electricity and Power
Greg has been involved in many of Western Australia's major infrastructure projects and advises energy and resources clients on a broad range of contractual and regulatory matters including due diligence investigations, sale and acquisitions, tendering, negotiating and drafting complex commercial documents and project management.
Greg has provided advice to both private and public clients on the electricity regulatory regime and reform in Western Australia. He is a committee member of the Australian Institute of Energy in WA and Chair of the Resources, Energy and Environmental Sub-Committee of the Business Law Section Law Council of Australia.
Greg's experience includes:
- Reviewed and advised on the standard electricity access contract, other contracts and policies forming part of and relating to Western Power's first proposed Access Arrangement submitted to the Economic Regulation Authority under the Electricity Networks Access Code.
- Advising Western Power on proposed amendments to its standard electricity access contract and its first access arrangement including its various approved policies forming part of and relating to Western Power's second proposed Access Arrangement submitted to the Economic Regulation Authority under the Electricity Networks Access Code.
- Acted for Goldfields Power Pty Ltd (a JV between Newmont and TransAlta Energy Corporation) in relation to the upgrade of Parkeston Power Station and the supply of electricity to Western Power to help alleviate WA’s power shortage. The work included negotiating and drafting of amendments to agreements with joint venturer Newmont Power, power purchase agreement, gas supply agreement and operations and maintenance agreement and reviewing network access agreement.
- Advised an international energy company in its acquisition of BHP's power stations at Newman, Boodarrie and Port Hedland and acted in an on-going role. Also advised on the electricity regulatory regime in WA, relevant State Agreements and reviewing electricity supply agreements in relation to its eventual sale of its WA power assets and the possible acquisition of additional power assets.
- Advised an international energy company in relation to its proposed greenfields power station in regional Western Australia including advising on project delivery methods for the construction of the power station.
- Reviewed the proposed construction contracts relating to the Bluewaters Power Station at Collie (design and construct), Tamar Valley Peaking Power Project (EPC and major subcontract) in Tasmania and Quarantine Power Station Stage 4 Upgrade (design and construct) in South Australia.
- Reviewed the BOO power stations contract for the financier of a power station to provide power to Fortescue's greenfields iron ore operations in the Pilbara.
- Acted on instructions from the State Solicitor's Office in providing a high level review on and recommendations to the state government's Electricity Reform Implementation Unit on the proposed WA Code of Conduct for the Supply of Electricity to Small Use Customers regulating retailers, distributors and marketers, both before and after public and industry submissions.
- Advising an international wind energy engineering contractor on the statutory regime in each relevant state of Australia relating to the construction of wind farms in joint venture.
- Advised Western Power on its standard access agreement and proposed access arrangements with a retailer.
- Advising Western Power from time to time in relation to various matters where the powers of the Economic Regulatory Authority under the Electricity Industry Act and the Electricity Networks Access Code under that Act were in issue.
- Advised a hydro electric power supplier on contract interpretation issues relating to its power supply agreement for the Argyle Diamonds Ord Project.
- Advising Contractor on Ichthys Project Power Station, involving Turnkey contract for Onshore LNG Facilities, 300 MW Combined Cycle Power Plant. Greg was lead adviser – preparing review, qualifications to contract and amendments to EPC contract.
- Advising Horizon Power on the preparation of EPCM contract and associated contracts for Mungullah Power Station, in Carnarvon, WA.
- Advising Tiger Resources on the construction of a substation (Kipoi Project West Africa) with the review of contract and advice on procurement documentation relating to Substation construction (FIDIC based contract).
- Advising the Parties to the arbitration in dispute between Japanese head contractor and WA subcontractor over a Cost Plus construction contract for Bluewaters Power Station, Collie, Western Australia.
- Advising ABB Australia Pty Ltd on Port Hedland Power Station Upgrade as lead partner advising on contract administration, adjudication and disputed issues relating to delay and disruption.
- Advising Siemens on Sino Iron Power Station adjudication proceedings over payment disputes.
- Acted for the EPC contractor (First Solar) in advising on its contract with Verve Energy relating to the delivery of the Greenough River Power Project, a 10 MW PV power station at Greenough, Western Australia, near Geraldton. At the time (2102) it was the largest PV power project in Australia.
- Advising a solar power company (First Solar) on the statutory requirements for registration in Western Australia in relation to building and construction approvals and licensing.
- Acted for a casino owner in reviewing, amending and negotiating a contract for the construction and multi-million dollar purchase of seven aluminum ferries by a WA boat builder.
- Advised the defence contractor on amendments to a ship refit contract prepared by Defence.
- Preparing contracts for work packages for the refurbishment of the Department of Defence’s vessel M.V.Delos for the defence contractor.
- Advising a defence contractor on the repair of HMAS Anzac at Henderson in Western Australia.
- Advised on contract administration issues relating to contracts for the upgrade of the Stirling Naval Base.
- Review for the financier of a contract and builder's side deed for the construction and delivery of a floating dock commissioned by LandCorp.
Other Front-end Contracting and Major Infrastructure/Projects Experience
- Advised the successful contractor on the commercial risk profile for the construction contract and preparation of contract qualifications relating to the New Airport Terminal (Terminal WA) for Perth Domestic Airport.
- Advised the contractor and prepared contract qualifications and contract amendments relating to the Central Energy Plant at the new Perth Childrens’ Hospital at the QEII Medical Centre site.
- Advised a major contractor bidding for the Acacia Prison Expansion Project on the design and construction contract for that project including a comprehensive contract review.
- Advised contractors on the tender contract documents of the Public Transport Authority of WA relating to various packages of the New Metro Rail Project.
- Advised a steel supplier on risks associated with packing, loading and transporting goods by road and the impact of proposed national road transport legislation.
- Acting for a major energy company in a due diligence for the sale of its Australian energy assets.
- Acting for a potential bidder in a due diligence for the acquisition of a port and associated assets.
- Acting for a major financial institution in the review of various construction contracts for a variety of property developments.
- Reviewing and advice on D&C contract and access issues concerning the NAVA 1 trans-Australia fibre optic cable roll out.
- Negotiating and drafting of a D&C contract for a new lime kiln in regional Western Australia.
- Reviewing of FIDIC based contract for design and construction of an LPG facility in Pakistan.
- Drafting road maintenance sub-contracts and reviewing 10 year term head maintenance contract for major roads contractor.
- Advising a major mining operator in relation to the acquisition of a fuel supply facility and associated assets.
- Review of a D&C contract for a major waste processing facility for a large regional authority.
- Reviewing and re-drafting a design and construct contract for the proponent of a gold processing facility.
- Preparing, reviewing and/or amending project specific consultancy agreements and/or general terms and conditions for various engineering consultancies to be used for national and/or international projects.
- Preparing, reviewing and/or amending design, construction, supply, installation and maintenance contracts for various local and statutory authorities.
Ports and Rail
- Advised the civil and marine contractor on its contract (including contract negotiations) with Chevron at the Gorgon Project – Barrow Island LNG Plant, for the Construction of Site Development and WAPET Landing and prepared a back-to-back subcontract for works to be done by Marine & Civil.
- Advised a major national contractor on its contract for the construction of the Cape Lambert Part B Marine and Jetty Works.
- Advised a major national contractor on its contract for the piling of the Dampier Wharf.
- Advised on a subcontract for the delivery of an overland conveyor at Boodarrie to the port at Port Hedland.
- Advised an international engineering contractor on its contract with Karara Mining over the installation of its automated mooring system for use at the Purchaser’s Berth 7 at Geraldton Port.
- Advised a geotechnical consultant on its contract with the Geraldton Port Authority concerning dredging (deepening) of the Geraldton Port.
- Advised a national contractor on its contract with Esperance Port Authority over construction works for the Esperance Port.
- Advising a national contractor on its contractual issues concerning dredging and related works concerning the Darwin Marine Supply Base.
- Advised a national contractor on various packages and on negotiations over its contract, including contract amendments, relating to the Ichthys LNG Project.
- Advised a national contractor on the contract for Marine Services Facility, Seawall and Land-backed Wharf at Damper Port.
- Advised the Defence Department on its upgrade of the Stirling Naval Base.
- Acted for the consortium that delivered the Perth to Mandurah Railway (Package A) from Narrows Bridge to Mandurah, including stations and related infrastructure.
- Advised on the greenfields rail contract for the Roy Hill Iron Ore Project.
- Advised the head contractor on its alliance contract with FMG over bridge works and track laying for a greenfields rail line servicing FMG’s mining operations.
Civil Works Contracts
- Advised Australia’s then largest civil and mining services contractor over the course of the last decade on its various contracts for civil and mining works, including train loadout and mining infrastructure for BHP Billiton’s iron ore projects in the Pilbara.
- Advised on the site establishment works contract for the Ichthys LNG Project.
- Advised on early works and earthworks contracts for the site preparation and temporary facilities works for the North West Shelf JV’s 5th Train Project.
- Advised on the contracts for earthworks for Olympic Dam, Jimblebar, and similar iron ore projects.
- Advised on the successful contract for the early works relating to the new Perth Sports Stadium.
Hospital and Healthcare Projects
- Acted for the facilities manager of the Fiona Stanley Hospital in advising on its Facilities Management contract to operate the new 783-bed AU$2 billion Fiona Stanley Hospital in Perth, Western Australia. Services included advice on the head contract with the State of Western Australia, assistance with ICT contracts, preparation of a suite of operational contracts including consulting, major and minor goods and services, major and minor works contracts and RFT templates. Advice included legal and regulatory advice preparatory to the commencement of operations.
- Acted for a national contractor in its bid for the design and construction contract for the Fiona Stanley Hospital project under a managing contractor form of project delivery and acting for the successful bidder in preparing a standard works subcontract. Presenting a training seminar to the contractor on issues regarding the delivery of the hospital.
- Acting for the Charles Perkins Institute for medical research (a body comprising the State and Federal Governments and the University of WA, formerly known as the WA Institute for Medical Research) in preparing contracts for the construction of two multi-storey medical research facilities, one at the QEII site medical centre and the other adjacent to Fiona Stanley Hospital, as well as contract negotiations with the constructors, contract administration advice and advice on claims and disputes.
- Advised on and prepared contractual qualifications for a constructor on the managing contractor model of the design and construction contract for the Central Energy Plant at QEII Medical Centre that will service the new Children’s Hospital and other facilities on the site.
- Acted in the early stages of the dispute between the Northern Territory Government and John Holland over the Alice Springs Hospital Redevelopment before the matter was taken over and conducted by Cris Cureton of our Darwin office.
Back-end Experience: Engineering, Construction and Major Disputes
Greg has more than 20 years of experience in dispute resolution in the construction and engineering industry. As well as an advocate, he is an experienced grade 1 (with IAMA) arbitrator, an accredited (with LEADR and IAMA) mediator and a leader in the field of settling disputes by Alternative Dispute Resolution.
Resources, Energy and Mining Disputes
- Advising the head contractor on variation, delay and disruption claims arising out of the construction of the AU$1.2 billion Combined Cycle Power Plant.
- Advising the head contractor on variation, delay and disruption claims arising out of the AU$700 million SMP Contract.
- Acting for HWE Mining in relation to a dispute arising out of the construction of accommodation for mine workers near Newman. To date, this has involved two under the Construction Contracts Act 2004 and proceedings in the Supreme Court of Western Australia.
- Acting in arbitration proceedings for the contractor seeking additional remuneration against the head contractor for the construction and installation of 35 km of welded steel gas pipeline as part of Stage 1 of the Tasmanian Natural Gas Pipeline Distribution Network.
- Acted for the EPC contractor in relation to litigation and arbitration of disputes at the AU$1 billion Murrin Murrin Nickel and Cobalt Project.
- Acted for the EPCM contractor in a claim for additional remuneration relating to the Bulong Nickel Project and advising on a AU$120 million claim in the Supreme Court of WA by the project owner.
- Acting for the engineering contractor in defending a Supreme Court claim for AU$9 million relating to BHP's DRI plant.
- Advising on claims by the mining services contractor for additional remuneration relating to three BHPB iron ore mining contracts in the Pilbara.
- Acted for the main engineering contractor in Supreme Court proceedings seeking additional compensation under a performance-based remuneration contract relating to the East Spar Gas Project.
- Acted for the operator of a Kwinana Alumina refinery and its insurer in a AU$40 million engineering claim against a State Instrumentality for damages consequent upon loss of power to the refinery.
- Advice to and representation of the project owner in a multimillion dollar claim by the head contractor for extra payment relating to a contract for the design and construction of a lime kiln.
- Advice to the contractor and defending claims in a design and construct contract regarding an iron ore crushing and train loading facility in the North-West.
- Acted for the contractors of the South-West Cogeneration Power Station Project in Supreme Court proceedings involving claims for remuneration and a counterclaim for liquidated damages.
- Acting as principal adviser on the formulation and pursuance of claims relating to electrical work for the construction of the Collie Power Station, Western Australia. Advice included contract interpretation, claims formulation and strategy on claim resolution.
- Advised the major subcontractor on claims for additional compensation in relation to the development of the Sally Malay project.
- Advised the engineering contractor joint venture in relation to contract issues relating to Woodside's Greater Enfield Project and the EPCM contract relating to that project.
Mining Services Disputes
- Advised the contractor in making and defending claims in respect of a contract regarding an iron ore mining, crushing and train loading facility at Yarrie-Nimingarra which was settled after a mini trial.
- Acted for the mining services contractor in a multimillion dollar claim for latent conditions, variations and misleading conduct over the St Ives Gold Mine.
- Acted for the mining services contractor in making claims for extra remuneration concerning the Greenbushes Tantalum and Eneabba Mines.
- Acted for the mine owner of the Onslow Salt Project in the defence of a claim by the mining services contractor.
- Advised on disputes relating to the Mt Keith Nickel Project, St Ives Gold project and the Kalgoorlie Super Pit for contract mining companies.
Geotechnical Disputes and Related Experience
- Acting for the project manager (a geotechnical company) in relation to a AU$77 million dispute with a port authority and dredging company in relation to the Geraldton Port Enhancement project.
- Acting for a geotechnical consultant in Supreme Court proceedings commenced by the Public Transport Authority relating to the alleged movement of the Goongoongup Rail Bridge (adjacent to the Windan Bridge) at Burswood.
- Acted for an international tunnel engineering company in a disputed claim concerning the Port Hedland Harbour Tunnel.
- Acted for a local authority in responding to claims by the contractor in relation to the construction of parts of the Swan River river wall which subsided and failed and in bringing a Supreme Court claim for damages against the contractor and the engineering design consultant.
- Acted for a national contractor in making claims for variations and site conditions relating to an apartment complex in the Perth CBD.
- Advising the geotechnical consultant on its contract for services regarding the Oakajee Port and Rail Project.
- Acting for TransAlta over the KCGM Mill dispute.
Other Infrastructure, Engineering and Construction Disputes and Related Experience
- Acting for the contractor in claims in the Supreme Court of WA against Woodside relating to earthworks, site preparation and temporary facilities civil works of the Phase V North-West Shelf LNG Project.
- Advising an international oil and gas contractor as head contractor on its head contract and subcontracts relating to the Otway Gas project.
- Advised an international oil and gas contractor in relation to contract issues concerning the Pohokura, Kupe and Maari oil and gas projects.
- Representing national engineering companies in relation to disputes concerning the Esperance Port and Albany Port upgrades.
- Acting for the project manager as defendant in Supreme Court proceedings concerning the Dampier Port Upgrade.
- Acted for a national contractor in defending claims by the major subcontractor concerning the Burrup Desalination Plant.
- Advising the contracting consortium on contract administration issues relating to Packages A and D of the New MetroRail Project.
- Advised and represented the engineering consultant/project manager in relation to a claim for additional remuneration and in responding to a threatened claim for damages relating to the Koolyanobbing Upgrade Project.
- Acted for the contractor in relation to claims regarding the construction of Acacia Prison.
- Representing roads contractors in relation to numerous work-related claims regarding major regional and metropolitan road projects.
- Acted for the contractor in a substantial claim relating to the ballast works for the Yandicoogina Railway.
- Advised the principal in defending contract claims relating to the design, construction and commissioning of an Albany Wood Chip facility.
- Advising and representing contracting companies in relation to the Royal Commission into the Building and Construction Industry in Australia. The terms of reference called for the Royal Commission to examine “unlawful or otherwise inappropriate industrial or workplace practice and conduct” in the industry, including “fraud, corruption, collusions or anti-competitive behaviour, coercion, violence or inappropriate payments of benefits”.
Alternative Dispute Resolution
Greg has more than 20 years of experience in dispute resolution in the construction and engineering industry. As well as an advocate, he is an experienced grade 1 (with IAMA) arbitrator, an accredited (with LEADR and IAMA) mediator and a leader in the field of settling disputes by Alternative Dispute Resolution.
Greg is an experienced mediator who is on the panels of mediators of LEADR (advanced panel) and the Institute of Arbitrators and Mediators Australia. 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.
Greg has been a practising mediator since 1993 when he mediated three Supreme Court cases for the WA Supreme Court as part of a settlement initiative. He is a former WA Chair of LEADR and a national director (Vice Chair).
Greg has acted as mediator in relation to the following projects/disputes:
- Ord Hydro Scheme project
- Perth Metro Markets
- Perth In Fill Sewage Project
- Cambridge Gulf Alluvial Diamonds Project
- New Metro Rail stations upgrade
- Several major mining and roads projects
- Several high rise and unit developments
Arbitration and Expert Determination
Greg has been a practising arbitrator for more than 15 years. He is a grade 1 arbitrator with IAMA and is a former WA Vice Chairman. Greg has presided as arbitrator in more than 30 arbitrations or expert determinations and has provided awards with reasons in many of those matters. None of his awards have been the subject of a successful application for leave to appeal.
He has arbitrated or delivered expert determinations on major commercial disputes, for example:
- Perth Airport Redevelopment.
- David Jones Redevelopment.
- Perth Metro Bus Privatisation.
- Mandurah Marina Holiday Chalets.
- Represented an international oil and gas contractor in two separate adjudication proceedings concerning the Otway Gas project commenced by its major subcontractors under the Security of Payment Act (Vic).
- Advice to and representation of a consortium of head contractors delivering the Perth to Mandurah Rail Project in relation to multiple adjudication applications, some issued by a major subcontractor and some made by the client itself. Advice and representation includes two Supreme Court proceedings related to these adjudications.
- Advice to and representation of an owner, a major Australian developer, in responding to an adjudication application brought by a contractor of one of its WA property developments including preparing an adjudication response and advising on that company's standard subcontract and its interaction with the Construction Contracts Act (WA).
- Represented a major Australian construction and development company as head contractor in responding to two adjudication applications by a subcontractor over the Bishops See and Century City projects.
- Representing the contractor in a major adjudication regarding the Marandoo Mine Project in the Pilbara of Western Australia.
- Representing an international engineering company in multiple adjudications over the West Angelas Power Station Switchyard project.
- Representing parties in “appeal” and enforcement proceedings that have resulted in ground-breaking and precedent determinations of superior courts and tribunals on the Construction Contracts Act in Western Australia and the Northern Territory.