Kelly Brook is a Special Counsel in HWLE Lawyers’ Construction and Infrastructure Team.
Kelly has a broad range of experience advising on construction and infrastructure matters across both front-end and back-end work. She works with government, principals, contractors and consultants on projects from early procurement through to delivery and dispute resolution.
On the disputes side, Kelly has experience acting in adjudications under security of payment legislation, as well as in litigation, administrative review proceedings and high value international arbitration proceedings.
In addition, Kelly advises on regulatory issues in Queensland, including licensing, residential building contracts, modular construction and non‑conforming building products, and has experience advising on claims under the statutory insurance scheme.
Kelly delivers client training and seminars on construction contract management, with a focus on practical administration, risk management and dispute avoidance.
Expertise
Experience
- Advocacy Acting for the Queensland building regulator in administrative review proceedings.
- Termination Advising on termination rights and risks, including termination of contracts under common law and pursuant to contractual provisions. Experienced in assessing contractual requirements, notice provisions, repudiation, substantial breach, and the consequences of wrongful termination..
- International Arbitration Acting for an international principal in international arbitration proceedings involving issues of termination, delay and defects with a. large quantum in dispute.
- Contract drafting and negotiation Drafting and negotiation on behalf of a major developer client of a design and construction contract for a new commercial office tower in Brisbane CBD.
- Manufactured Homes Advising on manufactured home legislation and preparing construction contracts for a manufactured home development.
- Security of Payment Advising on issues arising from the Building Industry Fairness (Security of Payment Act) 2017 (Qld). Experience includes payment claims and payment schedules, adjudication applications and responses, subcontractor charges, recovery of progress payments, and related court proceedings.