Minoshi De Silva

Minoshi specialises in construction and infrastructure disputes. She has significant experience including acting for clients in the preparation of contractual claims and Security of Payment Applications, including negotiation, resolution and settlement of disputes arising during and at the conclusion of projects and transactions.   

Minoshi has appeared in court hearings and mediations in the District, Supreme and Federal Courts of Western Australia, as well as in domestic and international institutional and ad hoc arbitral proceedings.

  • Leading Construction company: Lead solicitor responsible for managing the conduct and strategy of an ICC arbitration seated in Singapore regarding the subcontract for construction of the operations facility of an LNG project in the Northern Territory for EOT, variation and disruption claims in excess of $350million.

  • Various contractors on major LNG Project: acting for various contractors across the mechanical, electrical, scaffolding, building and civil works packages of works in providing strategic advice and assisting in the resolution and management of disputes and claims prior to commencement of arbitral proceedings, including preparation of a successful Adjudication Application in the amount of $24 million. 

  • International services company: acting in an arbitration of its payment, delay and variations disputes arising from a painting and insulation contract on the Karara Iron Ore Project.

  • Joint venture parties: Acting for JV parties as builders of a major Hospital in respect of various payment, delay and defect disputes with Subcontractors and assisting with implementation of overall strategy for resolution of disputes.

  • International oil and gas company:  Assisted Company in resolving dispute with Subcontractor arising from defective valves procured, supplied and installed at a LNG Meter Station for the supply of domestic gas.

  • Major iron ore producer: :  Reviewing and advising on variation, delay and disruption claims arising out of a supply, construction and commissioning contract in relation to a dispute with engineers regarding design defects in a major housing development.  Liaising with engineers and quantity surveyors to review designs, tender documents and assist in preparation of expert reports to determine liability.

  • Major international Airport: Preparing and negotiating a Framework Agreement and security extensions for a major international airports dispute with construction contractor arising from defective construction of a remotely monitored security fencing system, along with representing the Airport in Supreme Court litigation with Subcontractors arising from the construction of the Arrivals and Departures Terminals.  

  • Commencing proceedings and mediating matters in relation to contractual claims, such as variations, prolongation, disruption, progress payments, liquidated damages, calls on bank guarantees, defect liability and insurance entitlements, drafting and negotiating various settlement deeds, mediation agreements and confidentiality deeds across various Australian courts and Arbitral tribunals.   

  • Preparing and responding to security of payment claims / adjudication applications made pursuant to the Construction Contracts Act WA (2004) (including SA, NSW, NT and QLD jurisdictions) in respect of disputes arising pursuant to contracts for the construction of airports, hospitals, iron ore, ammonium and LNG processing plants

Qualifications

  • Bachelor of Laws/ Bachelor of Science, University of Western Australia - 2002 – 2006
  • Masters of Commercial Law (Construction Law), University of Melbourne - 2013 – 2017

Professional memberships

  • Law Society of Western Australia
  • Society of Construction Lawyers Australia
  • National Australian Women in Construction Law


Location

Legal insights

The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Convention) has been described as a “game-changer” in international dispute settlement.

31 October 2019

In the recent decision of Sandvik Mining and Construction Australia Pty Ltd v Fisher [2019] WASC 352, the Supreme Court of Western Australia considered an application to prevent the enforcement of an...

17 October 2019

On 9 October 2019, the High Court of Australia published their reasons in the much awaited decision in Mann v Paterson Constructions Pty Ltd [2019] HCA 32, a case concerning a dispute over the...

14 October 2019

A recent NSWSC decision has considered whether a Contractor had reasonable cause to suspend works for the failure by the Principal to pay $177.20 in interest on a late progress payment under a $66...

10 October 2019

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