Scott Alden

With over 20 years’ experience, Scott specialises as a legal advisor on significant projects and procurements for primarily government, but also private sector, clients.

Scott’s role of lead legal advisor to significant projects often incorporates legal and procurement expertise on the same transaction, as well as strategic probity advice.

In recognition of his position as a leading government lawyer, Scott was one of the first NSW Law Society Accredited Specialists in Government and Administrative Law (with a focus on government commercial and procurement transactions), and has been appointed by the Law Society of NSW as the Head Assessor for that Specialist Accreditation this year.  Scott also writes and lectures two procurement courses for the Masters Programs at both the College of Law and the University of Melbourne.

Scott also has a special interest in contract law, particularly for major projects, and is a member of the Australian Advisory Board for the World Commerce and Contracting Association (previously the International Association of Contract and Commercial Management)

He is experienced in drafting and implementing key project documents including market sounding/engagement documents, industry briefings, RFTs, tender evaluation plans, tender evaluation reports, commercial contracts and agreements and legal advices and resolutions to support decisions.

Experience

Scott’s experience includes advising:

  • State Government on various procurement and major project advice including demolition and design and construction of new inner city public and private wharf, Department of Environment Renewable Energy – Solar for Low Income Housing including drafting all transaction and other documents for Project;
  • Commonwealth Government as Probity and Procurement Advisor to Treasury for the Markets Taskforce regarding the Commonwealth providing assistance to save businesses of strategic national importance in distress due to Covid;
  • Various Local Councils on major water projects, Covid and Force Majeure advice, innovative procurement (ECI, market led proposals, Public Private Partnerships and JV) and general procurement and probity advice, various swimming pool D&C projects, major refurbishment of Entertainment Centres, advising on code of conduct reviews and complaints;
  • Department of Defence on the contract for new Dolphin Berth at Eden Wharf and ongoing lease/management Contract for Lifeboat on all Naval Vessels in Australia;
  • Department of Defence as Probity (and procurement) advisor across numerous major projects in Australia and Overseas;
  • Northern Territory Government on the Marine Industry Park Project including the development of a large Portside Marine Industry Park adjacent to the current Port of Darwin;
  • Regional Investment Corporation to develop documents and processes to support its remit of providing financial assistance to state government strategically important rural and water projects;
  • Flinders Port on numerous projects including drafting bespoke dredging contract for the Port. Included Modern Slavery advice, drafting Request for Tender and Contract documents, advising on contractor departures and negotiating the final contract with Boskalis;
  • Townsville Port on drafting and negotiating Dredging Contract and Major Works Construction Contract for sea wall and related dredging activity;
  • TasPorts on Slip Berth D&C Contract and advice on Competition Issues arising out of Pilots including statutory interpretation/licensing and certifying and competition issues arising;
  • Newcastle Port Corporation on Modern Slavery Advice, Navigational Aids Maintenance, Maintenance Strategy and Contracts, the Mayfield Container Terminal PPP / BOOT Scheme and leasing strategy;
  • Universities regarding Early Contractor Involvement and other innovative forms of procurement and market engagement, as well as providing advice on best for project contract templates comparing Australian Standard/ FIDC Contract/ NEC4 and GC21;
  • Priate Sector Developers and Owners advising developers and owners on all aspects of acquisition, development and disposal across all sectors including industrial, retail, residential, tourism and leisure.

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