David is a specialist building and construction lawyer and has practised in the industry for over 38 years advising principals, contractors, subcontractors, major consultants.
David is an accredited specialist with the NSW Law Society in Commercial Litigation specialising in Building and Construction Law and has extensive experience in dispute resolution within the industry including litigation, expert determination, arbitration, mediation and claims resolution. David has regularly been invited to speak on construction related issues including the Building and Construction Industry Security of Payment Act 1999.
David has extensive experience acting for Developers and Government in private and public sector developments including preparing procurement documentation, development solutions, tenders, contracts and contract negotiations. David has specific expertise in Project Management advice and resolution of issues in real time.
Expertise
Experience
- Schools Infrastructure NSW Advising in relation to a dispute with Lahey Constructions Pty Ltd over several school projects, including litigating issues in the Supreme Court, preparing submissions in expert determination proceedings, dealing with security of payment claims and adjudications and assisting senior management to deal with issues arising from the dispute.
- Bathurst Regional Council Advising in relation to a storm water harvesting system. Following the default of the Contractor advising Council in relation to the termination of the contract, the completion of the works and assisting in resisting in its entirety the claim for payment by the Contractor under the Building and Construction Industry Security of Payment Act, 1999.
- City of Parramatta Advising Council and acting in proceedings commenced in the Supreme Court of NSW alleging Council is a developer pursuant to Section 3A of the Home building Act 1989 in relation to a multi storey development in Parramatta CBD where the Builder is insolvent.
- Dubbo Regional Council Acting for Council in successful defence of a $4 million Security of Payment Adjudication Application where the adjudicated amount was $10,000 and costs for Council, leading to a negotiated settlement.
- Developer Conducting and defending proceedings in the Supreme Court of NSW with respect to combustible cladding on a multi-level residential building for a confidential private developer. A claim for in excess of $15 million was settled for a contribution of only $500,000 from the developer client.
- Macquarie Bank Advising in relation to the preparation of Project Services Agreement and Guaranteed Maximum Price, D&C Contract, and associated agreements and solutions in relation to the refurbishment of a Heritage Building at 50 Martin Place, Sydney, valued at $200 million.
- Quay Haymarket Pty Ltd Advising in relation to a mixed commercial and residential development in Haymarket, Sydney, with 286 residential units valued at $120 million. Advice included demolition, excavation and early works contracts, consultancy agreement and D&C construction contract.
- Wyong Shire Council Advising on procurement strategy, tender documentation, contract preparation for engineering and construction costs on a $200 million + infrastructure project.
