Declan advises on the resolution of complex construction and engineering disputes. Declan has acted for contractors and subcontractors in disputes arising from the design and construction of a wide range of building and civil engineering projects. He has expertise in issues relating to loss and expense, delay and disruption, defects, design, diminution in value, contractual termination and quantum meruit claims. He is also familiar with the main Standard Form contracts and the provisions of the Building and Construction Industry Security of Payment Act.
Declan specialises in arbitration, his focus on the client’s needs, coupled with his agility and responsiveness ensures he and his team are able to deal effectively with the compressed timelines required by arbitration and deliver results that support his clients business objectives.
Declan has acted for major contractors, specialist subcontractors and consultants. He has advised on resolution of disputes in industries ranging from gas, ports, transport, social infrastructure and large office buildings.
- Grocon – arbitration proceedings concerning the construction of a building in Melbourne; issues in relation to termination and repudiation, defects and claims for EOT.
- McConnell Dowell – two proceedings in the Supreme Court of Victoria concerning the design and construction of onshore and offshore facilities for the development and commercialisation of the Minerva Gas Field, located approximately 10k offshore from the township of Port Campbell in Victoria. Issues including misrepresentation; acts of prevention and time being at large; whether an agreement was varied; incorporation of terms; breach; estoppel; EOT; Notice of Delay; Suspension of Works; Default Notices; termination/repudiation; loss and damage.
- Grocon – separate Supreme Court of NSW proceedings concerning the construction of a building in Sydney to challenge a Deed of Company Arrangement. Further proceedings in the Court of Appeal in relation to costs. Issues included misrepresentation, repudiation, election to affirm; loss and damage.
- Grocon – County Court proceedings concerning a claim against consulting engineers for defective work.
- Confidential client – arbitration proceedings in Western Australia concerning the construction of a building in Perth; issues include misrepresentation; defects; EOT.
- Confidential clients – two separate County Court proceedings concerning allegedly defective cranes.
- Grocon – compiling a log of claims concerning the redevelopment of Olympic Park in Melbourne. Issues included contractual responsibility/risk; misrepresentation; estoppel; loss and damage.
- Bridge and Marine – Supreme Court of Victoria proceedings concerning the redevelopment of port facilities in Newcastle, NSW.
- Contractor – acting in County Court proceedings concerning a subcontractor claim for variations; EOT; expert evidence assessing claims for variations and EOT.
- Contractor – acting in County Court proceedings alleging breach of contract and negligence by surveyors in relation to survey services provided for the erection of a three tower multi story building on the Gold Coast, Queensland. Issues include contract terms, use of Best Industry Practice Good Construction Practices; subcontractor warranties; scope of works; loss and damage.