Ben has extensive experience advising on construction and engineering projects across a variety of sectors, including utilities, road, rail, healthcare, industrial and residential projects. He acts for contractors, subcontractors, principals, and state and local government.
Ben is experienced in drafting, reviewing and negotiating tender documentation and construction and related contracts, as well as contract administration and risk mitigation strategies during the project delivery phase.
He has particular expertise in the strategic management and resolution of complex disputes, including mediation, statutory adjudication, litigation and arbitration.
Ben has an intimate understanding of his clients’ business drivers and the factors that underpin a successful construction project, having been seconded to a major Australian contractor for a year to lead the legal team of one of its business lines.
- Construction law
- Dispute resolution (including adjudication, litigation, arbitration, expert determination and mediation)
- Project advisory and risk mitigation
- Advising on construction-related insurance claims
- Acting for a joint venture of two major contractors in defence of claims by the Principal for damages in excess of AU$1.1b regarding the design of a liquefied natural gas pipeline in north Queensland. This included advising on the complex array of project and party-specific professional indemnity insurance policies activated by the claims.
- Acting for a major national services contractor in a dispute with an Australian government owned corporation involving complex and substantial claims for payment in excess of $150m associated with the rollout of a nationwide upgrade to telecommunications infrastructure.
- Successfully acting for a major contractor making an adjudication application in excess of $24m in respect of a current Victorian PPP. The determination in this case is considered to be the highest in Victorian security of payment history.
- Acting for Sugar Australia in relation to a variety of claims associated with the design and construction of a sugar refinery in Victoria, including claims for defective / incomplete work and damages, defending claims for extensions of time and delay costs and successfully defending claims under security of payment legislation.
- Acting for Probuild in Supreme Court of Victoria proceedings concerning claims for liquidated damages, extensions of time and delay damages in relation to the design and construction of a AU$120m high rise apartment complex in Victoria.
- Successfully acting for Rock Australia in relation to claims for payment in excess of AU$20m under security of payment legislation for works performed on the Sino Iron Ore Project at Cape Preston in Western Australia.
- Acting for Cardno Young in Supreme Court of the Australian Capital Territory proceedings relating to the design and construction of the North Weston Pond in Canberra. Reportedly the largest ACT Supreme Court litigation in history.
- Acting for the City of Casey in proceedings against a design and construct contractor and two design consultants for claims in excess of $10m arising out of the design and construction of an aquatic centre.