Scott Budd

Scott Budd

Scott is a partner in our Brisbane office where he practices in construction law. Scott has over 18 years' experience in front end project work, risk analysis and development of delivery systems, contract drafting, tender preparation, bid assessment and advice. In addition, he has particular expertise in the area of infrastructure delivery, with an emphasis on Public Private Partnerships (PPP). Scott has worked on a number of key PPP projects in Queensland and Victoria.

Scott has advised government, private sector proponents, contractors, financiers, owner groups and industry professionals on project structuring, risk assessment and allocation, contract preparation, interpretation and administration and delivery options.

During his professional practice in Queensland, he has also undertaken secondments to Anglo Coal, the Queensland Building Services Authority and Walter Construction Group. Between 2001 and 2003, Scott was based in Melbourne, working on significant infrastructure projects.

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Scott has also conducted numerous court and arbitral matters, including international arbitrations through the International Chamber of Commerce.

Scott has been listed as a Leading Individual in the area of Construction by Legal 500 in which he is described as piratical and pragmatic in construction matters.

Scott has been listed as a leading individual in Chambers Global 2012 and has been described as specialising in front-end project work with particular expertise in infrastructure matters.

Scott has been listed as a leading individual for Construction area in Best Lawyers 2012.

Recent Matters

Commercial Risk Analysis and Advice

  • Thiess Pty Ltd: North South Bypass Tunnel Project
  • Thiess Pty Ltd: Gateway Bridge Duplication Project
  • Thiess Pty Ltd: Airport Link Project
  • Baulderstone Hornibrook Pty Ltd: Australian Red Cross Blood Bank Relocation Project
  • Baulderstone Hornibrook Pty Ltd: Maroochy River Bridge Duplication
  • Baulderstone Hornibrook Pty Ltd: Blue C Development
  • Baulderstone Hornibrook Pty Ltd: Trilogy Development
  • Baulderstone Hornibrook Pty Ltd: Mater Children's Hospital Re-Development
  • Multiplex Limited: Pandanus Pocket residential development at Kingscliff
  • Multiplex Limited: Portside Development
  • Mcmahon Contractors Pty Ltd: Burnett River Dam Project
  • Mcmahon Contractors Pty Ltd: Alcan Gove Refinery Project
  • Abigroup Contractors Pty Ltd: Tugun Bypass Project
  • Thiess United Group Joint Venture: Trackstar Alliance - SEQIPP Rail - Varsity Lakes Remediation Project.

Public Private Partnership Projects

  • Thiess/John Holland Joint Venture: Airport Link Northern Busway Project in Brisbane
  • Thiess/John Hochtief Joint Venture: North South Bypass Tunnel Project in Brisbane
  • Thiess/Baulderstone Hornibrook Joint Venture: Gateway Bridge Upgrade and Duplication Project
  • Victorian Government: Mitcham-Frankston Freeway Project
  • Victorian Government: Berwick Private Hospital Project
  • Financiers: Spencer Street Station Re-development.

Transport Projects

  • Victorian Government: acquisition and lease of rolling stock for the Victorian Regional Fast Rail Project
  • Leighton Contractors Pty Ltd: upgrade of Pacific Motorway between Brisbane and Gold Coast
  • CSR Emoleum: Geelong Road Project
  • Yarra Trams: Track Extension Project.

Resources Projects

  • Anglo Coal Australia Pty Ltd: alliance contract for coal handling plant with Thiess Sedgman Joint Venture
  • Anglo Coal Australia Pty Ltd: managing major plant procurement, including a new dragline
  • Anglo Coal Australia Pty Ltd: advising in respect of the EPCM Contract entered into between Anglo and Parsons Brinckerhoff for the development of mine infrastructure
  • Anglo Coal Australia Pty Ltd: providing contract administration and dispute resolution advice in respect of the multitude of procurement contracts entered into by the EPCM Contractor
  • Anglo Coal Australia Pty Ltd: the procurement of a new longwall mining system for the company's Moranbah North Mine
  • Anglo Coal Australia Pty Ltd: major plant procurement, contract administration and dispute resolution in respect of the company's Callide Mine
  • Rio Tinto Coal: reviewing and finalising the EPCM Contract with SKM for the development of the company's Clermont Mine
  • Rio Tinto Coal: a dispute with the longwall move contractor at the company's Kestrel Mine.

Health, Public Utility and Energy Projects

  • Queensland Government: drafting construction documentation for the re-development of Block6 of the Royal Brisbane Hospital
  • Drafted construction management documentation and consultancy agreements for the re-development of Essendon Private Hospital in Victoria
  • Victorian Government: preparation of all tender and construction contract documentation for the Austin & Repatriation Medical Centre Redevelopment and Mercy Hospital for Women Relocation Project
  • Stanwell Corporation Limited: major outage contracts and installation of low Nox burners to Stanwell Power Station
  • Design, build and operate delivery system and complete tender documentation for the Noosa Water Treatment Plant, Douglas Shire Water and Sewerage Treatment Plants and Daylesford Water Treatment Plant Projects
  • Build, Own, Operate, Transfer water treatment contract, maintenance outsourcing contract and engineer, procure and construct (EPC) contract for major plant expansion with attendant tender documentation for the Queensland Nickel Yabulu Refinery Project
  • Prepared and negotiated supply, maintenance and operation documentation for wind turbine generators for Pacific Hydro Limited in relation to the Portland Wind Farm Project
  • Drafted design, construct and maintain contract with complete tender documentation for the CS Energy Mica Creek Solar Power Generation Project and the Townsville Power Station Co-generation Project.

Sporting Facilities Projects

  • Design and construction management with novated consultants and complete tender documentation for the Brisbane Cricket Ground Redevelopment
  • Venue Use Agreement for the World Masters Games facilities for Monash City Council
  • Documentation for Shared Use Athletics Facilities between Wyndham City Council and Victoria University.

Drafting Standard Contract Suites

  • WMC Limited (now BHP Billiton)
  • Newcrest Mining Limited
  • Pasminco Limited (now Zinifex).

Financiers

  • ANZ: Flinders Wharf Project, Melbourne
  • ANZ: Tribeca East Melbourne Project
  • ANZ: 516 Gore Street Fitzroy Project
  • BOS International: Sydney Wharves 8 & 9 Project, Sydney
  • BOS International: Royal Domain Tower Project - Melbourne.

Green Building Projects

  • FKP Developments: 6 Star Green Star rated Building to be constructed for ENERGEX at the Newstead Riverpark Development
  • Charter Hall / Commonwealth Bank: 275 George Street / Northbank Plaza.

Dispute Resolution

  • Walter Construction Group: South East Transit Busway
  • Walter Construction Group: $4 million claim in respect of the Cairns Casino for negligence and defective building work
  • Walter Construction Group: Townsville Bulk Sugar Terminal Project
  • Walter Construction Group: a claim by James Cook University for defective building work
  • Thiess Pty Ltd: Newstead River Park Remediation Project
  • Thiess Pty Ltd: Bayview Port Melbourne Development
  • Thiess Pty Ltd: Collins Street Extension Project
  • Baulderstone Hornibrook Pty Ltd: Christmas Island Immigration Processing Centre Project
  • Baulderstone Hornibrook Pty Ltd: Clue C Project
  • Baulderstone Hornibrook Pty Ltd: Trilogy Project
  • Baulderstone Hornibrook Pty Ltd: a claim by the Mater Misericordiae Hospital for negligence and defective building work regarding the Mater Children's Hospital in Brisbane
  • Ports Corporation of Queensland: a $19 million adjudication under the security of payment legislation in respect of claimed latent conditions and delay and disruption
  • Roche Mining: an international arbitration under the ICC Rules in respect of a $12 million claim against Intergen under a take or pay coal contract mining agreement
  • Rio Tinto: a workplace health and safety dispute with a major subcontractor.

Experience

  • 1986: BCom, University of Queensland
  • 1987: Bachelor of Laws, University of Queensland
  • Jan 1987 - Jan 1989: Articled Clerk, Chambers McNab Tully & Wilson (now Corrs Chambers Westgarth)
  • Jan 1989 - June 1989: Solicitor, Chambers McNab Tully & Wilson (now Corrs Chambers Westgarth)
  • 1999: Master of Laws, University of Queensland
  • June 1989 - October 1992: Solicitor, Clayton Utz
  • October 1992 - June 1995: Senior Associate, Nicholsons Solicitors
  • June 1995 - March 1997: Partner, Nicholsons Solicitors
  • March 1997 - Jan 2001: Senior Associate, McCullough Robertson
  • Jan 2001 - June 2005: Senior Associate, Minter Ellison
  • July 2005 - February 2008: Partner, Minter Ellison
  • February 2008 - Current: Partner, King & Wood Mallesons.

Location

Legal insights

It is becoming more important for financiers, owners, principals and contractors to manage counterparty insolvency risk as a key part of their project contingency plans.

12 September 2017

The core advantage of the MLP framework is the ability to bypass the traditional expression of interest and tendering process for major infrastructure projects.

02 December 2016

The novation of a construction contract to new owners of works is commonplace, resulting in the discharge of the original contract is discharged and the creation of a new contract.

14 November 2016

Two years on from the amendments to the Building and Construction Industry Payments Act 2004 (Qld), it is a good time to revisit timing requirements for the service of a payment schedule.

18 October 2016