Allens

Experience


Construction and procurement

Allens' recent construction and procurement experience includes:


Allens also advises defence contractors in relation to major construction and procurement projects.

Roads

WestConnex
Advised the WestConnex Delivery Authority on all aspects of the $11 billion project including risk allocation, procurement and funding and finance strategies.

M5
Advised Interlink, the concessionaire of the M5 Motorway on all aspects of the proposed M5 West Widening Project, including construction, financing and operation and maintenance.

M2
Advised the financiers for Transurban on the A$745 million refinancing and upgrade of the Hills M2 Motorway in NSW.

Legacy Way (Northern Link)
Advised Transcity Consortium on its successful bid for, and delivery of the A$1.5 billion Legacy Way DCOM project, a 4km tunnel that will connect the Western Freeway and Inner City bypass.

Clem 7 (North South Bypass)
Advised Leighton Contractors, Baulderstone Hornibrook and Bilfinger on the successful bid to build, operate and maintain the A$2 billion Clem 7) Tunnel in Brisbane.

Rail

Public Transport Authority of Western Australia
In partnership with the State Solicitor's Office, advised the Public Transport Authority (PTA) of Western Australia on the $1.176 billion Forrestfield-Airport Link Project.

New Generation Rollingstock
Advised the sponsors to the Bombardier-led consortium on all aspects of its winning tender for the $4.4 billion project, which will see the consortium finance, design, build and maintain 75 electric-powered trains and a purpose-built maintenance depot.

Sydney Metro North West (formerly North West Rail Link)
Advised the financiers to the successful North West Rapid Transit consortium on the North West Rail Link PPP Project. This involves the construction of new twin 15 km rail tunnels, eight new railway stations and 4000 car parking spaces to Sydney’s North West.

Sydney CBD Light Rail
Advised the SydneyConnect consortium on its bid for the financing, design, construction and operation of the Sydney CBD Light Rail project, a new light rail system and associated infrastructure in Sydney's central business district.

Cranbourne Pakenham Rail Project
Advised the Victorian Government on the franchise-related aspects of the $2.5 billion unsolicited proposal put forward by the Rail Transformation Consortium. This involved rolling stock and infrastructure procurement.

Gold Coast Rapid Transit PPP
Advised Plenary Group and its GoldlinQ Consortium partners on its winning bid to finance, design, build, operate and maintain the Gold Coast Rapid Transit PPP, a 13-kilometre light rail network and associated infrastructure on Queensland’s Gold Coast. This is one of Australia's first public transport PPP projects.

South West Rail Link
Advised Transport for NSW on all aspects of the A$2.1 billion South West Rail Link extension.

Social Infrastructure

G4S Correctional Services
Advised G4S Correctional Services (Australia) Pty Ltd on the renegotiation and extension of its operating contract at the Port Phillip Prison.

Ravenhall Prison
Advised the sponsors to the successful consortium on all aspects of its bid to design, construct, maintain and operate the A$670 million Ravenhall Prison.

New Western Sydney Airport
Advised Sydney Airport on its exclusive consultation with the Commonwealth of Australia in connection with the potential development of a Western Sydney Airport at Badgery's Creek, NSW.

Queensland Schools II
Advised the successful consortium on the construction and maintenance of 10 primary and high schools conducted as a multi-site PPP across Queensland.

Midland Health Campus
Advised St John of God Healthcare on all aspects of its successful bid to design, construct and operate Western Australia's Midland Health Campus.

WIRI Prison
Advised G4S as the correctional services and facilities management subcontractor to the GLM consortium on the Wiri Prison PPP (NZ), the first PPP project to be procured in New Zealand.

Commercial developments

QIC
Advised QIC on the development of its Brisbane Central, Robina, Westpoint and Watergarden shopping centres.

DEXUS Property Group
Advised on flagship commercial developments at 123 Albert Street, Brisbane, 1 Bligh Street, Sydney, and 360 Collins Street, Melbourne.

Sydney International Convention Centre
Advised the Plenary-led consortium on all aspects of its bid for the $2.5 billion Sydney International Convention Centre PPP project. This included a comprehensive proposal covering all funding, construction, operations and facilities management aspects for: convention and entertainment centre assets, a 5-star hotel and significant mixed use commercial, retail and residential developments.

Myer Melbourne Redevelopment
Acted for the co-owners (Colonial First State Property Management (Development Manager for CFS Retail Property Trust) and Government Investment Corporation of Singapore) on the redevelopment of the Myer Lonsdale Street site in Melbourne (known as The Emporium), and the completion of the redevelopment of the new Myer Bourke Street store.

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.

 

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.
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.
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.
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.

 

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.
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.
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.
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.
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.