Jonathan McTigue
Jonathan McTigue is a Partner in the Melbourne Construction & Infrastructure Group. He has extensive experience in complex and large-scale commercial disputes involving contractual, tortious, misleading and deceptive conduct, directors’ duties and equitable claims.
Jonathan acts for principals and contractors on projects spanning mining, renewables, hydrocarbon extraction, pipeline installations, road, rail, defence and social infrastructure projects, power generation facilities and commercial building projects. Jonathan assists on project delivery, claims management and dispute avoidance. He is experienced in the use of alternatives to litigation to resolve disputes, including mediation, commercial arbitration, and expert determination.
Jonathan is a Director of the Society of Construction Law Australia. He sits on the Victorian chapter of the Construction and Infrastructure Subcommittee of the Law Council of Australia and on the Australian Centre for International Commerical Arbitration (ACICA) Victoria State Committee. Doyle’s Guide has recognised Jonathan as a recommended/leading Construction & Infrastructure Litigation lawyer.
Experience
Jonathan’s experience includes acting for:
- a Mining company on claims against a mining services contractor after a safety incident caused the underground mine to be shut down, leading to production and other losses;
- a Solar installation company restructuring an installation contract to obtain security, and obtain payment, after the principal’s investors pulled out of the project;
- Acciona Infrastructure Asia Pacific in Supreme Court of NSW proceedings against Lendlease Corporation Limited for payment disputes under a share sale agreement, including for project-level indemnities arising out of the acquisition of an engineering business from Lendlease;
- BW Offshore Limited in Federal Court proceedings against Anzon Australia Ltd claiming failure to complete a contract to build a floating processing, storage and offtake vessel;
- the Australian Government including Defence, Australian Federal Police and Finance in relation to claims and disputes arising on a range of facilities and public buildings;
- the Victorian Government: various Major Transport Infrastructure Authority delivery agencies on claims and disputes arising on Big Build projects for issues including delay costs, latent conditions (including PFAS and asbestos contamination) and variations;
- the Victorian Government: acted for agencies a range of confidential contentious issues arising on social infrastructure projects;
- Nexus Energy Limited defending $70 million Federal Court proceedings brought in contract and under the Trade Practices Act alleging failure to perform a drilling rig contract;
- a Wind farm owner in an arbitration relating to the supply and installation of defective wind turbine generators;
- a Coal mine owner in a highly-technical expert determination concerning business interruption claims arising out of the breakdown of a bucket-wheel dredger; and
- a Construction company in a JV dispute claiming breaches of directors’ duties and misleading or deceptive conduct in relation to a related-party loan.