Amy is a construction law specialist with over 13 years' experience advising on major project disputes in Australia and the Middle East. Amy is recognised for her abilities to efficiently manage large teams of lawyers, experts and claims consultants on high value and complex construction disputes so as to achieve the best results for her clients using the most appropriate resources. Amy has extensive experience advising principals and contractors in complex termination disputes, injunction proceedings following bond demands and the usual extension of time, variation and related claims that arise during the course of a construction project. Amy advises in many industry sectors including energy and resources, property development, rail, roads, airports, high end mixed use developments, telecommunications and hospitals.
Whilst Amy's practice focuses on back end construction matters, Amy also provides a front end and project adviser offering. Amy advises and negotiates construction contracts (Design and Construct, EPC Contracts, Consultancy Agreements, etc) on major infrastructure, energy and development projects. Amy has had several opportunities to work in house having done secondments with QGC, BHP and GE during critical times of project delivery on their projects (transportation, rail, mining and gas projects). In these roles Amy provided day to day project support and advice to the delivery teams and worked closely with senior management and board members to agree and implement strategies for dealing with distressed projects and large claims for time and cost.
Relevant Experience
- Ichthys Combined Cycle Power Station: Acting for UGL in a multi-billion dollar international arbitration under the ICC Rules involving the termination of the EPC Subcontract for the construction and commissioning of a combined cycle power station.
- Castlereagh Street, Sydney: Defending three Grocon entities in relation to a cladding and defects dispute in the New South Wales Supreme Court.
- New Royal Adelaide Hospital, Adelaide: Part of the KWM team advising HYLC (CPB) in relation to disputes with Project Co/the State arising from and in relation to misleading and deceptive conduct, the conduct of the independent certifier in failing to properly administer the contract and HYLC's claims under its PPP Contract with Project Co.
- Streaky Bay and Coonalpyn Solar Farms: Advising Flow Power on bespoke contracts to convert the payment and pricing mechanisms under the existing EPC Contracts; advising on the insolvency of the contractor and providing strategic direction to the commercial and project teams about its options to seek to avoid delay to power generation.
- Granville Harbour Windfarm: Advising the Wind Farm Operator and Principal under an EPC Contract in relation to actions taken by the Contractor to turn off generation during construction activities. The disputes were resolved and generation recommenced following strategic inputs provided by the legal and commercial teams working jointly on the issues.
- Gas Pipeline Dispute, Queensland: Advising Saipem, as the EPC contractor responsible for the construction of a 300km pipeline in Queensland, in respect of interlocutory proceedings in the Supreme Court of Queensland regarding a $50m demand on its bank guarantee.
- Hanson Contractors: Advising Hanson on its NSW Supreme Court proceedings to overturn an unfavourable adjudication decision in relation to claims by the EPC Contractor responsible for constructing a concrete batching plant.
- Haypoint Coal Terminal: Advising BMA on the conversion of a multi-million dollar design and construction contract from a lump sum pricing agreement to a cost plus agreement and associated settlement terms. Negotiating complex terms and conditions associated with the price conversation and settlement.
- Meydan Racecourse, Dubai: Acting for Arabtec Construction LLC/WCT Berhad LLC in a multi-billion dollar international arbitration under the ICC Rules involving wrongful termination by Meydan LLC of the construction of a prestige mixed use race course development.
- Dubai International Airport: Acting for Dubai Aviation City Corporation in a multi-billion dollar arbitration against Al Habtoor Leightons involving the Dubai International Airport. The issues in dispute concern the application of contractual remeasurement principles, entitlement to variations, payment of the final account and incomplete and defective works.
- Dubai Mall: Acting on behalf of Dutco Balfour Beatty in an international arbitration under the ICC Rules against the mechanical electrical and plumbing contractor appointed to carry out MEP works on the Dubai Mall.
- Yemen Airport: Advising the Civil Aviation and Meteorology Authority of the Republic of Yemen on the termination of the employment of the main contractor appointed to construct the airport. Advice provided included whether the dispute was governed by ICSID or the contractual ad hoc arbitration procedure, the validity of the employer's termination and the merits of the contractor's claims for non-payment.
- Broadmeadows Mine: Acting for BMA Group to defend an adjudication claim by an EPC contractor, claiming approx. $20mil in respect of milestone payments. The matters in dispute included the quality and reliability of certain plant and equipment against the contract's requirements. KWM submitted a robust adjudication response which helped to facilitate a commercial resolution prior to the delivery of a decision.
- PPP adjudication: acting for the principal of a PPP for a mixed use development to defend an adjudication claim by a contractor, claiming approx. $6.5mil in respect of variations (including those passed through from an upstream contract), provisional sums and delay costs. KWM engaged and briefed an expert to produce a quantum and programming analysis, and worked closely with client representatives to analyse and respond to the approx. 300 variations and the other claims.
- Rail Project, Pilbara: Advising GE Transportation on settlement of a $80m dispute on the construction of a signalling system for a 300km rail project in the Pilbara.
- GE: providing front end and back end legal advice on a range of issues including engineering, procurement and construction contracts, supply agreements and insurances issues associated with GE Mining's global business.
- QGC Group: providing ongoing advice to QGC on its Engineering, Procurement and Construction Management Contract with Worley Parsons and its application during the project delivery phase of its LNG Project in Queensland.
Qualifications
- 2003: LLB (Hons) and Bachelor of Arts, Australian National University
- Ongoing: Masters in Construction Law, University of Melbourne
Admissions
- 2013: High Court of Australia, Australia
- 2004: Supreme Court of ACT, Australia
Practising Certificates
- 2020: Victoria, Australia (current to 30 June 2021)
Career History
- July 2018 – current: Partner, King & Wood Mallesons
- March 2012 – June 2018: Senior Associate, King & Wood Mallesons, Brisbane
- 2006 – 2013: Solicitor / Senior Associate, Clyde & Co LLP, Dubai
- 2004 – 2006: Solicitor, Minter Ellison, Canberra
