ON DEMAND: Projects & Construction | Unfair Contract Terms – Is Your Business Prepared?

Ben is a strategic advisor across the full project lifecycle, from procurement and contract administration through to dispute resolution and avoidance. He has particular expertise in the strategic management and resolution of complex disputes involving major infrastructure projects. He has worked with clients across a range of industries, including power (renewable and non-renewable), transport, utilities and property development.

In addition to managing formal disputes, Ben typically assists clients in four key areas.

1. Where a project has been significantly delayed or is otherwise in distress.
2. Where there are allegations that works are defective.
3. Working to secure (or deny) cashflow on a project via statutory adjudication, claims preparation or commercial negotiations.
4. Advisory work regarding risk allocation and mitigation, claims and contract administration.

Ben’s initial focus is on collaborating with clients to understand their commercial objectives, and then developing and implementing strategies to achieve those objectives cost-effectively. Where a formal dispute is unavoidable, Ben has a strong reputation as an astute litigator in forums such as adjudication, expert determination, arbitration and litigation.

Ben is known for achieving successful outcomes for his clients though practical, commercially sensible advice, technical excellence and emotional intelligence.

Megan has extensive experience in infrastructure and construction, guiding clients through complex front end negotiations and litigation. She is best known for her commercial and practical approach and the breadth of her experience and expertise, having acted for contractors, major sub-contractors and suppliers, developers, not for profit organisations and statutory insurers.

Megan focuses on obtaining a deep understanding of the strategic and practical requirements of her clients through all stages of the construction process, from negotiating contracts, to project delivery and ultimately resolution of disputes to ensure the best possible outcomes. Megan has drafted and negotiated contractual documentation and provided project delivery services on large infrastructure and construction projects, including roads and rail upgrades and manufacturing plants.

Her litigation experience has included renewable energy, civil infrastructure including roads, dams, desalination plants, hospitals and marinas, together with processing plants and commercial and residential disputes.

With experience across all jurisdictions, including the High Court of Australia, and dispute resolution forums, including adjudications, expert determinations and arbitrations, Megan has acted on matters ranging from contractual entitlements and termination to recourse to bank guarantees and security of payment claims.