Mark specialises in litigation and dispute resolution in the construction industry. He has worked on a range of disputes in the Supreme and District Courts of NSW and Court of Appeal litigation (including the reference-out process), as well as arbitrations for mediation.
Acting for and against head contractors, subcontractors, local governments and developers, Mark has been involved in construction disputes relating to delay, variations and provisional sums, security of payment and defective works. Mark generally has experience in the early, contract administration, stages of construction dispute work, including the issuing of notices and claims and the settling of disputes, averting litigation, where a favourable resolution could be secured.
Acted for the respondent in the first-ever High Court case involving security of payment legislation. We acted for Lewence at first instance before Ball J in the Supreme Court of NSW and also before the NSW Court of Appeal. This has been one of the most discussed security of payment cases in recent years and had significant implications for the industry.
NSW Government bodies
Acted in proceedings in the Supreme Court of NSW for two separate local councils in relation to disputes with head contractors regarding the construction of wastewater treatment plants.
Tier one contractor
Acted on significant adjudication application and subsequent commercial arbitration in relation to a dispute over delay and variations.
Acted in a Supreme Court litigation commenced against it by head contractor, claiming delays and extensions of time, which was successfully settled.
Acted on a prosecution regarding $18 million worth of claims for delay and variations via the adjudication process and acting for the same contrator, in the same project, defending against $3 million worth of claims from a consultant, with a view to reaching agreeable and largely simultaneous settlements both upstream and downstream.