Allens

Recent experience

Construction and procurement

Allens' recent construction and procurement experience includes:

Roads
  • advising Main Roads WA on the iconic Gateway WA: Perth Airport and Freight Access Project, the largest infrastructure project ever undertaken by Main Roads Western Australia;
  • advising the Transcity Consortium on its successful bid for Brisbane City Council's Northern Link project – a 4 km tunnel that will connect the Western Freeway and Inner City Bypass;
  • advising the Queensland Department of Transport and Main Roads on the A$1.88 billion duplication of the Gateway Bridge and upgrade of the Gateway Motorway;
  • acting for the New South Wales (NSW) Roads and Traffic Authority on the A$400 million Ballina Bypass alliance;
  • advising the financiers of the shortlisted Macquarie Capital John Holland consortium (ConnectSouth) in relation to the design, construction, financing, operation and maintenance of the A$750 million Peninsula Link freeway project in Victoria;
  • advising Main Roads WA on the early contractor involvement (ECI) contracting strategy in its project to upgrade sections of the Great Northern Highway in the Kimberley;
  • acting for Interlink as concessionaire of the M5 toll road in NSW on all operational aspects including, tolling, road widening and interoperability; and
  • advising Leighton Contractors, Baulderstone Hornibrook and Bilfinger Berger in their role as the construction contractor in the successful bid to build, operate, and maintain the A$2 billion Clem 7 (North South Bypass) Tunnel in Brisbane.

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Rail
  • advising Transport Construction Authority (NSW) (formerly Transport Infrastructure Development Corporation) on all aspects of the A$1.3 billion South West Rail Link extension;
  • advising the Victorian Government on the A$400 million Dynon Port Rail Link involving delivery of a rail connection and associated roadworks;
  • advising the Western Australian State Solicitor's Office on the A$1.5 billion Oakajee Port and Rail project, which will provide rail access to iron ore miners and other port users in the region;
  • acting for the Public Transport Authority in Western Australia on the New MetroRail Project, a A$1.6 billion infrastructure project; and
  • advising Xstrata Coal Queensland on all aspects of a project to develop a coal mine and associated railway in the Surat Basin. It will consist of an open-cut coal mine and a 200 km rail transport corridor from Wandoan to the existing Moura-Gladstone rail line.

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Energy
  • advising solar module manufacturer First Solar on all aspects of its involvement in Australia's first utility scale solar power project;
  • advising Macquarie Capital, Epuron and Martifer Renewables SA on the development of Australia's largest wind farm in western NSW;
  • advising Stanwell Corporation on work being undertaken at its Emu Downs power station in Western Australia;
  • advising Acciona on the development of the Waubra wind farm near Ballarat in Victoria;
  • advised the Griffin Group on the development of the 416MW Bluewaters power station in Western Australia;
  • advising Energy Australia on its multi-program alliance for in excess of A$1 billion of electricity work over seven years in the Energy Australia distribution area around Sydney;
  • advising financiers of the Neerabup and Braemar 2 power stations; and
  • advising the Griffin Group on the development of a multi-fuel cogen power plant at BHP Billiton Worsely Alumina refinery.

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Water
  • acting for Thiess and Degrémont in their role in the winning consortium's bid for the A$3.5 billion Victorian Desalination Project, Australia's largest desalination plant;
  • acting for Acciona Agua, on its successful bid for Adelaide's A$1.4 billion desalination plant contract;
  • advising Acciona Agua on its bid for the Perth Desalination Project;
  • advised Australian Water Services as a member of the dmt Consortium, in its bid to design, build, operate and maintain the A$1.76 billion desalination plant at Kurnell in NSW;
  • advising Prospect Water Partnership on the Prospect Water Treatment Plant in NSW;
  • advising Melbourne Water on the construction and tendering aspects of several of its key water infrastructure projects, including the Northern Sewer Project, the Tarago Water Treatment and the Melbourne Main Sewer Project;
  • advising the Queensland Government's wholly owned company, Queensland Water Infrastructure, on the proposed development of South East Queensland's Traveston Crossing Dam in the Mary River catchment and the Wyaralong Dam; and
  • advising Veolia Water Australia on the operation and maintenance agreement for the Western Corridor Recycled Water Project in Queensland.

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Commercial developments
  • acting for GPT in connection with the 'One One One' CBD commercial office tower in Brisbane;
  • advising Knauf on the construction contracts for the development of its manufacturing facility at Newcastle;
  • advising major contractors on numerous high rise developments in Perth, including the QV1 building, Central Park, Exchange Plaza and Bishops See;
  • advising Grocon on the development of Media House, Docklands (the new Fairfax HQ in Melbourne); and
  • acting for DEXUS Property Group on commercial developments at 123 Albert Street, Brisbane and 1 Bligh Street, Sydney.

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Public Private Partnerships (PPP) – social and economic
  • acting for global technologies inventor and manufacturer Honeywell in its successful bid as part of a consortium to build the $1 billion Victorian Comprehensive Cancer Centre;
  • acting for Thiess and Degrémont on their role in the winning consortium's bid for the A$3.5 billion Victorian Desalination Plant Project. The Victorian Desalination Project will be delivered as one of the largest PPP projects in the world and will be Australia's largest desalination plant;
  • advising the successful consortium's bid to deliver the A$230 million Biosciences Research Centre at La Trobe University's Bundoora Campus;
  • advising Plenary Group, as the project sponsor to develop a single living environment and accommodation precinct (LEAP), requiring the financing, design, construction, operation and maintenance of accommodation facilities and services for defence personnel;
  • advising the original preferred consortium (including Bilfinger Berger and Macquarie Bank) on its bid to design, build and operate prison and forensic hospitals inside the Long Bay correctional complex;
  • advising the financiers to a shortlisted consortium in relation to the design, construction, financing operation and maintenance of the A$750 million Peninsula Link PPP freeway project in Victoria;
  • advising Earth Tech as the builder and operator for the Barwon Water Biosolids treatment plant in relation to its DCOM contract with the winning consortium and its design and construction subcontracts;
  • advising Leighton Contractors, Baulderstone Hornibrook and Bilfinger Berger in their role as the construction contractor in the successful bid to build, operate, and maintain the A$2 billion North South Bypass Tunnel;
  • advising the successful consortium in its bid to redevelop various police stations and courthouses in South Australia, in the first PPP delivered under the Partnerships SA Guidelines;
  • advising the successful consortium on the Mindarie Regional Council's Resource Recovery Project in relation to the tender submission, negotiation of the project agreement, the design and construction and operating agreements, and the equity and debt funding;
  • advising Leighton Contractors in relation to design, construct, operate and maintain issues for the A$600 million redevelopment of the Darwin City Waterfront Redevelopment;
  • advising Thailand's Public Debt Management office on preparing a PPP framework and, subsequently, the Economic Research Institute of ASEAN on a pilot rail PPP project; and
  • advising in relation to Indonesia's Infrastructure Reform Sector Development Program, a project supported by the Asian Development Bank and aimed at improving private sector participation in infrastructure development in Indonesia through PPP projects.

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Alliances
  • advising the Queensland Government and its wholly owned company, Burnett Water, on the development and delivery of the Burnett Water Infrastructure Project under a competitive alliance arrangement;
  • advising Queensland Health in the establishment of its 'e-Health Alliance', a A$1 billion reform program centred around the creation of a core patient and clinical information and record repository. This alliance between Queensland Health and its two chosen alliance partners, PwC and EDS – involving 'no blame' and gain share/pain share regimes;
  • advising the Transport Construction Authority on the Glenfield Junction Alliance for work in a live rail environment as part of the South West Rail Link;
  • acting for the NSW Roads and Traffic Authority on all aspects of the A$400 million Pacific Highway upgrade at Ballina. We settled the RFT, drafted alliance contracts, attended alliance workshops and advised on all aspects of the process including the interface with AustRoads' funding requirements;
  • advising RailCorp on a major long-term program alliance in respect of signalling work to be conducted on its network;
  • advising Energy Australia on its multi program alliance for in excess of A$1 billion of electricity work over seven years in the Energy Australia distribution area around Sydney;
  • advising Acciona Agua on its bid for the Perth Desalination Project which is being procured under an alliance model;
  • advising Downer (EDI) Engineering Power in respect of a proposed alliance agreement with Tenix and Western Power for Western Power's capital works program; and
  • advising Melbourne Water on its construction procurement arrangements for the Northern Sewer Project, Melbourne Main Sewer Project and Tarago Water Treatment Plant, each of which involved a reimbursable cost regime with an open book gain share/pain share payment mechanism reflecting alliance model principles.

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Early Contractor Involvement (ECI)
  • advising Midland Redevelopment Authority on its ECI contracting strategy and accompanying suite of documents;
  • advising Main Roads WA on the ECI contracting strategy and finalising the contract for the upgrade of sections of the Great Northern Highway in the Kimberley;
  • advising a JV in Vietnam on its proposed ECI contract for a new oil refinery;
  • advising Interlink, operator of the M5 Motorway in NSW, in relation to the M5 West Widening Project being done under an ECI model; and
  • advising Stanwell Corporation on an ECI contracting strategy for the upgrade of the Stanwell Power Station.

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Engineering, Procurement and Construction (EPC)
  • advising the Griffin Group on the development of the 416MW Bluewaters Power Station;
  • advising Meridien Energy on its proposal to develop the Macarthur Wind Farm Project, including advising on the EPC contract, civil works contract and turbine supply arrangements and associated legislative issues;
  • advising Acciona on the EPC contract for the Waubra Wind Farm Project; and
  • advising OneSteel on its EPC contract for the A$300 million expansion of its Whyalla Steelworks.

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Procurement
  • providing strategic advice to the Department of Defence in relation to its Hornet Upgrade Project and Lead in Fighters, including advice on risk allocation and procurement and contacting strategies along with preparation of requests for tenders, evaluation of tenders, contract negotiation and finalisation of contracts;
  • advising Hunter Gas Pipeline on the tender process and contracts for the development of the proposed Queensland Hunter Gas Pipeline Project;
  • advising a government authority on the risk allocation, tender process and documents, and form of contracts, including performance-based provisions, in relation to the tendering of a significant transport operation in NSW;
  • advising Riversdale Mining on the construction and procurement contracts for the development of its Benga Coal Mine;
  • advising a major government authority on the procurement of fuels;
  • advising the Victorian Government on the international tender process for the metropolitan train and tram franchise businesses;
  • acted for the Victorian Government in relation to the procurement of new rolling (train and tram) stock in five discrete transactions;
  • advising Acciona on the development of a suite of procurement contracts; and
  • advising on the development of a full suite of procurement contracts for Newcrest Mining.

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Engineering, Procurement, Construction and Management (EPCM)
  • advising Snowy Hydro on its suite of procurement contracts, including services contracts and EPCM/EPC contracts;
  • advising Acciona on the EPC contract for the Waubra Wind Farm Project;
  • acting for BHP Billiton on a suite of construction contracts in relation to the Minerva gas project, including the EPCM contracts and advising on managing the tender process for those contracts; and
  • advising a JV in Vietnam on its proposed EPCM contract and other management contracts for a project in connection with the oil and gas industry.

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Design, Construct, Maintain and/or Operate (DCM/O)
  • advising the NSW Government Department of Finance and Services on all aspects of the development of two new data centres for Western Sydney and the Illawarra region;
  • advising the Queensland Department of Transport and Main Roads on the A$1.88 billion duplication of the Gateway Bridge and upgrade of the Gateway Motorway contracted on a DCM basis;
  • advising the Victorian Government on the complex design and construction contracts required for the Dynon Port Rail Link development;
  • advising the Transcity Consortium on its bid for Brisbane City Council's Northern Link Project – which is being procured on a DCOM basis;
  • advising the Gold Coast City Council on its DBOM contract for the construction of the Beenleigh Water/Wastewater Treatment Plant; and
  • advising Hamersley Iron on its EPC contract for the development of its Mesa A mine in the Pilbara.

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Design and Construct (D&C) and Construction only
  • advising Thiess and Degrémont on their D&C and O&M contracts for the Victorian Desalination Plant;
  • advising the Victorian Government on the complex design and construction contract required for the Dynon Port rail link development;
  • advising Leighton Contractors, Baulderstone Hornibrook and Bilfinger Berger on their D&C and O&M contracts for the A$2 billion Clem 7 (North South Bypass) Tunnel in Brisbane;
  • acting for Acciona Agua on its successful bid for Adelaide's A$1.4 billion desalination plant contract; including advising on the complex set of contractual documents, covering design and construction, operations and maintenance;
  • acting for GPT in connection with the D&C contracts for 'One One One' CBD commercial office tower;
  • acting for DEXUS Property Group on the D&C contracts for 123 Albert Street, Brisbane and 1 Bligh Street, Sydney; and
  • advising the Western Australian Cricket Association on its D&C contract for Stage 1 of the WACA Ground redevelopment.

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Claims and disputes

Our recent experience in acting in respect of construction and infrastructure-related claims or disputes includes:

Energy
  • acting on behalf of a petroleum company, in a dispute with a contractor over the construction of a gas plant and off-shore flow lines;
  • acting for a NSW state-owned power generator in multiple security of payment adjudications and arbitration over a power station upgrade;
  • acting for the Griffin Group in respect of claims by contractors or other issues in connection with each of the power plants Bluewaters I and Bluewaters II;
  • acting for DBNGP (WA) Nominees in respect of claims by and counterclaims against a piping contractor over construction work in expanding the gas pipeline;
  • acting for a principal in respect of disputes with a contractor over the construction of an oil refinery in Vietnam;
  • acting for a contractor in claims for variations, extensions of time and delay damages against Woodside in respect of the NorthWest Shelf Train IV Project; and
  • acting for contractors on security of payment claims, bank guarantees and other disputes over new power stations and upgrade works.

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Transport
  • acting for a rail rolling stock owner on claims for late delivery and defect claims in relation to locomotives;
  • acting for Australia Railroad Group in connection with a number of incidents;
  • acting for two of the main contractors in separate disputes involving the construction of the Pacific Motorway; and
  • acting for the contractor in respect of claims involving the construction of the South East Transit Busway in Brisbane.

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Ports
  • acting for consulting engineers on pavement failure claims at the ports of Brisbane and Sydney;
  • acting for the Geraldton Port Authority in connection with a number of different issues arising out of construction of port infrastructure; and
  • advising the Victorian Government on insurance and related claim issues on the Dynon Port Rail Link project.

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Engineering
  • acting for a Dampier Salt Limited in respect of disputes with contractors engaged to carry out concrete works, piping and mechanical works and design and fabrication of a stacker/reclaimer machine; and
  • acting for a principal in respect of disputes with a number of contractors in connection with the development of one of its mines.

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Commercial/Property development
  • acting for QIC in court proceedings in relation to disputes with a head contractor over the termination of a shopping centre development project;
  • acting for State of NSW over supply failure and supplier insolvency issues; and
  • acting for a contractor on delay and defects issues at a new prison facility.

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Mediations and conciliation
  • acting for a steel company on process engineering failures in a steel production plant;
  • acting for a government authority in WA in respect of a dispute over the design and construction of a bridge; and
  • acting for a government road authority in the conciliation of claims concerning the role of an independent certifier.

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Security of Payment Act (SOPA) adjudications
  • defending the RTA against adjudication applications on highway upgrade work throughout NSW;
  • acting for a NSW state-owned generator over a power station upgrade;
  • acting for contractors over new power stations and upgrade works;
  • acting for an owner in defending security of payment proceedings over a shopping centre development project; and
  • acting for various developers in WA in defending adjudication applications, including challenging jurisdiction.

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Expert determination
  • acting for a contractor on delay and defects issues at a new prison facility; and
  • acting for a water infrastructure company against a major state-owned corporation in expert determination proceedings.

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Domestic and international arbitration
  • acting for a NSW state-owned generator in an arbitration over a power station upgrade;
  • acting for a Vietnamese entity in respect of a major infrastructure project and arbitration with its EPCM contractor;
  • acting for the owner in respect of claims by, and counterclaims against, a piping contractor over construction work in expanding a gas pipeline;
  • acting for a port authority in connection with a number of different claims arising out of construction of port infrastructure; and
  • acting for a rail rolling stock owner on claims for late delivery and defect claims in relation to locomotives.

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Litigation in the Supreme and Federal Courts
  • acting on behalf of the owner in the Victorian Supreme Court on a dispute with a contractor over the construction of a gas plant and off-shore flow lines;
  • acting for contractors on bank guarantees in NSW Supreme Court injunction proceedings;
  • representing the owner in NSW Supreme Court proceedings in relation to disputes with a head contractor over the termination of a shopping centre development project;
  • acting for a government authority in WA in a dispute over the design and construction of a bridge; and
  • acting for consulting engineers in the NSW and Queensland Supreme Courts on pavement failure claims.

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