Brian specialises in resolving claims and disputes on major projects in the construction, energy and resources sectors.
His experience covers a significant cross-section of major projects, including railways, roads, mines, ports, shopping centres, bridges, processing plants (including oil refining), power plants, commercial and residential building and other infrastructure projects, utilising a variety of project delivery methods.
Brian has expertise in a broad spectrum of dispute resolution methods including negotiation, mediation, conciliation, adjudication, expert determination, arbitration (international and domestic), litigation and the use of dispute resolution/dispute avoidance boards and other proactive project management tools to minimise the impact of claims and disputes on the successful completion of major projects.
Brian has spent over 15 years advising government clients such as the WA Public Transport Authority, State Solicitor's Office and Main Roads Department and the NSW Department of Education, major principals such as Rio Tinto and QIC, contractors, engineers and architects on major projects in Australia and South East Asia.
His experience includes resolving claims and disputes relating to variations, extensions of time, defective works, delay and disruption, procurement, tenders, site access, contract administration, design and engineering issues, construction deficiencies, project completion, termination, liquidated damages, contractual entitlements, quantum meruit and performance bonds/securities, based on contractual, tortious and equitable legal principles and trade practices and other relevant legislation.
Recent projects include:
- acting for the NSW government in relation to claims and disputes arising out of the Building the Education Revolution program;
- acting for a major developer in NSW Supreme Court proceedings in relation to disputes with a head contractor over the termination of a shopping centre development project;
- advising WA government authorities in relation to disputes with contractors on various rail and road infrastructure projects, including the NewMetroRail Project;
- acting for an engineering company in NSW Supreme Court proceedings in relation to a dispute with a port operator over a container terminal upgrade;
- acting for a Vietnamese Government entity in respect of claims made by a consortia of international contractors over the design and construction of an oil refinery in Vietnam; and
- acting for a WA government principal in Supreme Court proceedings arising out of a dispute over the design of a bridge.
Areas of Expertise
- Construction & Major Projects
- Litigation & Dispute Resolution
- Real Estate
- Focus - 16 May 2013
- Focus - 17 April 2013
- Focus - 10 January 2013
- Focus - 13 December 2012
- Focus - 18 June 2012