Non-Contentious and Commercial Advisory Experience

Gorgon (US$50b) and Ichthys (US$40b) LNG Projects - Senior Legal Counsel (March 2012 to August 2014)

Gorgon Downstream LNG Project (West Australia)

Responsible Senior Lawyer for a number of implementation contracts, with responsibility for legal assessment of Change Orders, contractual advice, advice under West Australian law, assessment, negotiation, settlement and documentation of claims:

  • Three fabrication contracts (a) the LNG Modules (Korea), contract value US$2.7b, (b) the pre-assembled pipe racks (China), contract value US$242m, and (c) pre-assembled racks and units (Indonesia), contract value US$235m;
  • Barrow Island dredging contract, contract value US$1.3b.
  • Barrow Island jetty contract, contract value US$1.9b.

Responsible Senior Lawyer for advice on major claims, including:

  • Written advice to senior project management on claims;
  • Negotiation and drafting of a number of clean sweep deeds of settlement, including for fabrication packages, and Barrow Island based contracts, of value of up US$700m;
  • Liaison and consultation with specialist claims assessment Project team; and
  • Specialist claims related advice across the Project on Construction Contracts (Security of Payment) Act, disputed Change Orders, the Commercial Arbitration Act (WA) and the International Arbitration Act (Cth), Singapore arbitration regime, arbitrations, labour cost adjustment, termination, omission of work, termination for convenience provisions, and recovery of prolongation and disruption costs.

Responsible Senior Lawyer for restructuring of a major land based contract ($2b) on Barrow Island from a schedule of rates to cost plus and fixed fee, involving re-drafting and negotiation of the contractual terms, drafting and negotiation of deed of agreement for restructuring, clean sweep of all claims, and incentive payment provisions.

Training to Project teams on a range of issues. including communications, template contractual terms, force majeure, claims, extension of time, disruption costs, CAR policies, bilateral investment treaty claims, and Foreign Corrupt Practices Act.

Specialist advice on numerous issues across the Project, including extension of time, delay costs, disruption costs, privacy, insurance issues, and other construction law issues.

Ichthys Onshore LNG Project (Northern Territory)

Responsible Senior Lawyer for advice on major claims, including:

  • Written advice to senior project management on claims;
  • Negotiation and drafting of a number of clean sweep deeds of settlement, including for camp construction contract, and civil works contracts;
  • Liaison and consultation with specialist claims assessment Project team; and
  • Specialist claims related advice across the Project on Construction Contracts (Security of Payment) Act (NT), disputed Change Orders, arbitration, termination, omission of work, termination for convenience provisions, and recovery of prolongation and disruption costs.

Other Projects (Selection Only)

Macarthur Wind Farm (450MW, US$800m), Australia

Acting for a New Zealand joint venture partner in the development of the Macarthur Wind Farm in Australia, including advice on risk allocation, drafting of project management agreement, and review and advice on Asset Management Agreement.

Coal Power Project – West Australia (2 x 208MW)

Acting for the proponents of a privately financed 2 x 208 MW coal fired power project drafting the EPC Performance Bond – Deeds of Variation, and EPC Payment Deed.

Vung Ang II Power Project (US$1.1b)

Drafting of EPC contract for a 1200MW thermo power plan in Vietnam, based on the FIDIC EPC Conditions of Contract (the Silver Book).

Singapore Desalination Plant

Advice to bidder on terms of an EPC contract for the bid for a privately financed desalination plant in Singapore.

Taiwan Combined Cycle Power Project (US$350m)

Acting for the project sponsors, drafting and negotiation of an engineering, procurement and construction contract (EPC) for the private developer of a 970MW combined cycle power project in Taiwan.

Taiwan Power Project (US$100m+)

Acting for the sponsors of a 670MW LNG gas fired combined cycle gas turbine IPP project in Taiwan for the drafting and negotiations with a turbine supplier for the supply of gas fired combined cycle gas turbines for the project, subsequently novated to the EPC contractor.

Taiwanese Power Project (US$500m+)

Acting for the sponsors of a 1140MW LNG gas fired combined cycle gas turbine IPP project in Taiwan, including drafting the terms of the EPC contract.

Taipei Rail Link Project (US$800m+)

Drafting of an engineering, procurement and construction (EPC) contract for the developer of a rail project in Taipei, and negotiating terms of contract with successful Japanese tenderer (US$800m+ project value), based on FIDIC Silver Book

Taipei Rail Link Project

Drafting of civil infrastructure contract (based on FIDIC Red Book) for the project. Review and drafting of project management contract for project.

Indonesian Conveyor Project (US$500m)

Acting for an Australian contractor advising on the contractual structure and amendments for a main contract based on FIDIC Yellow Book, amended for a target price on risk/reward basis, and a fixed price lump sum sub-contract based on FIDIC Yellow Book for the major equipment supply subcontractor, for the design and construction of a 64km overland coal conveyor.

Singapore Schools PPP

Acting for the Singapore government in the development of a contractual structure for a public schools PPP bid.

High Rise Building, Chicago

Advising US developer on the conditions of contract for a structural steel fabrication contract for People's Republic of China supplier for one of the world's tallest steel structures.

Beijing Medical Manufacturing Facility

Acting for a US multinational on the drafting and negotiation of an EPCM structured project, involving project management, construction contract, guarantees and performance bonds for a medical manufacturing facility in Beijing, PRC.

Changi Wastewater Treatment Project

Acting for a US multinational mechanical and electrical contractor for the drafting of a S$25m contract for the supply and installation of waste water treatment equipment for the Changi Wastewater Treatment Project, Singapore.

Singapore Airport Logistics Centre (S$10m project)

Acting for United States airfreight company to draft and negotiate a build to lease agreement for Singapore airport logistics centre.

Singapore Television Project (S$20m project)

Acting for a Belgium turnkey contractor to draft and negotiate the terms of main contract and subcontracts for the supply and installation of a television system for a Singapore government owned entity.

Singapore Tunnel Project Joint Venture (S$300m+)

Review of provisions of main contract, drafting of joint venture agreement for major Japanese contractor, and advice on tender prequalification for a major Singapore water treatment tunnel project implemented by a government authority.

Singapore Dredging Contract for Jurong Island (S$1.2b)

Drafting the terms of a sub-contract agreement and main contract tender qualifications for a major European contractor for a government dredging contract, attendance at negotiations between contractor and sub-contractor;

Singapore Pharmaceutical Plant (S$200m+)

Review and advice on effect of provisions of engineering, procurement and construction contract for international owner of major Singapore pharmaceutical plant.

Malaysian Food Processing Plant

Drafting and negotiation of contract for the refurbishment of a food processing plant on behalf of a major United States food company. Drafting of design and construct contract for a waste water treatment plant.

Singapore Factory Process Plant (S$12m project)

Acting for United States industrial company to draft an architectural and engineering consultancy agreement for the design and construction of an industrial factory.