Draft legislation for the Jakarta Docklands Development

The Jakarta Docklands Development Authority required legislation to develop the foreshore of Jakarta in Indonesia. The development ultimately did not take place, however the proposal was for the massive reconstruction of the docklands area and reflected legislation from around the world. The core of the new Indonesian legislation was from New South Wales as used by the Darling Harbour Authority.

Exemptions under the New South Wales Retail Leases Act, 1994 for Sydney Airport

As part of the upgrade of Sydney Airport for the Sydney Olympics, Brett Vincent was involved in obtaining exemptions to the New South Wales Retail Leases Act, 1994. It was necessary to obtain certain exemptions concerning the rapid movement of shops within the airport precinct at short notice for fit out and renovations. The exemptions under the Act were provided, after considerable lobbying with the State Government.

Low frequency telecommunications

It’s no secret that submarines throughout the world use very low frequency radio waves to communicate with the mainland while offshore. It makes for interesting maintenance contracts as personnel can only spend limited amounts of time within the area of the low frequency antennas before the radio signals begin to cook them. The clearer drafting of maintenance contracts and provision of practical contractual advice in relation to the servicing of the antennas saw the owners of this unique equipment obtain better services from their suppliers.

Contractual advice concerning diesel engines

The silent running of diesel engines is an important factor in military machinery. Accordingly, it was an issue of considerable concern, amongst other issues in relation to the legal advice for the negotiating team. The negotiating team was able to successfully resolve a stalemate concerning the running of the engines, and the supply of parts and payments.

Major port development work in Queensland

Brett Vincent provided detailed advice to a superintendent on variation and other contractual issues concerning a major port development work in Queensland. An interesting matter was the provision of detailed advice in respect of the sea-bed batter design next to the wharves and contractual representations in tender documentation. We were able to review the drawings and specifications and find the correct answers for the client without further cost.

Mobile stair contracts, airport contaminated waste contracts, telecommunications contracts

Next time you board a plane, consider the countless number of contractors involved in the organisation of airport traffic, passengers and planes. The mobile stair contracts, waste disposal and telecommunications systems all run as a consequence of complicated agreements between players on and off the airport. One of the most unique is the runway de-rubbering which takes place late at night so that the planes do not slip on landing. Drafting or negotiating all of these types of contracts concerning the airport and its precinct requires an understanding of this technical environment.

Baggage handling contract

The baggage handling contract at Sydney Airport involved the negotiation of not only equipment, but a complex mathematical algorithm in relation to bag distribution and sorting. An incredibly complex method is used to mechanically move bags from check-in through to the relevant gate for loading onto a plane.

Brett Vincent’s role, with the assistance of others, was to represent Sydney Airport against the contractor and supplier. The negotiation of this contract predominantly dealt with the purchase of a series of mathematical computations. Everyone’s fear at the time was that the baggage handling system would fail as it had in Hong Kong. Accordingly there were additional warranties and requirements necessary for the contract to be drafted and executed. Not surprisingly, there are special, secret anti-terrorist features that needed to be considered in the contract as well.

Cracking train parts

Cracking of train parts on certain train types is not uncommon. Our role was the organisation and preparation of this matter, which took over a year and involved extensive expert analysis and the provision of contractual and litigation advice. This involved a substantial sum of money in relation to damages. Legal advice on the liability of the manufacture part and use was a critical issue. The case was successfully resolved for a positive outcome for the client. And the problem on the trains was corrected.

Voice announcement system

A major electronic service provider was involved in an interesting case concerning a novel system of train identification and announcements at railway stations. Investigation of the contract was undertaken in relation to the use of existing wiring in the trains. It ultimately turned out that the wiring could not effectively transmit the necessary information without interference. It was a fundamental concept of the system that the existing wiring be used. With legal advice the client understood its potential liability and was forearmed to reach a suitable settlement with the train owners.

Contractual advice on high voltage line and pylons

Two of the major contractors in this field regularly obtain advice from us. Recently, we provided advice that required the re-organisation of our client’s claim to the Principal. Importantly our advice resulted in pressure being placed on the Superintendent to reconsider the merits of our client’s argument. The pressure worked and the Superintendent recommended that the Principal reconsider its position. Later negotiations settled the matter and resulted in additional payments to our client for variation work.

State Electricity Reform Unit

The sale of electricity generation infrastructure for both dams and coal burning stations required the provision of due diligence reports on maintenance contracts. Brett Vincent provided the owners with advice on the liabilities under the maintenance contracts. He also provided a practical understanding of the potential problems concerning maintenance and payments in the future which would affect closure times, machinery life and electricity output.

Coal conveyor collapse

A coal conveyor collapsed as a consequence of the overnight cooling of a poured slab on the conveying arm. The arm of the conveyor twisted and collapsed and fell onto the next conveyor. The next day workers walked onto the slab and felt it was peculiarly low. They very quickly departed. Upon discovering the collapse the engineers later stated over 1 km of conveyors could easily have fallen like a pack of cards. The liability under the insurance contract was very easily recognised and upon legal advice the insurer paid the builder to rectify the damage.

Bridge Collapse, Papua New Guinea

A claim was made concerning the collapse of a bridge in Papua New Guinea – a result of the specialist sub-consultant engineer not checking their design works. The main consulting engineer also did not check the works. The bridge was subject to extraordinary flood forces imposed during the wet season and earthquakes. The beam collapsed. The parties settled the issue of liability after a hard fought legal struggle. Brett Vincent was able to convince the negligent engineer to accept greater responsibility.

High profile cases in the Supreme Court

We have experience running high profile cases in the Supreme Court in relation to injunctions to adjudications made under the Building and Construction Industry Security of Payments Act.

In Quasar v Demtech the demolisher, Demtech, failed to complete works. The contract was terminated and Demtech made a claim for loss of profit. With our help, Quasar, the builder, successfully defended the adjudication determination that was made in Demtech’s favour.

In Co-ordinated Constructions v Hargreaves & Climatech, at first instance, Hargreaves & Climatech were successful in adjudication concerning the non-payment of services performed by it on a project in Kings Cross. The builder injuncted and was ultimately defeated.

Overseas Contracts

We provided advice on an English contract for an engineering company concerning water treatment works in the United Arab Emirates. We did not recommend major changes to the contract, but rather advised on the risks and what management changes needed to be made to counter those risks.

We continue to advise clients setting up international offices.

Contractual Advice

Our client, a subcontractor, working on behalf of a main contractor, was instructed to complete works by way of a separate oral order. The main contractor did not have proper contractual documentation. After the works of the subcontractor were no longer necessary, the contractor purported to create a written variation different from the original instruction. It was, in short, an attempt to defraud the subcontractor of their entitlement to payment. We were able to advise the subcontractor as to their rights and successfully recover the monies due to them.

Consultants contract review

We represented two of the largest design companies in respect of the review of consulting contracts. We provided a detailed review of each of their consulting contracts from a commonsense perspective. We reviewed the contract, talked to the necessary people and considered the implications of the scope of works. We frequently identified examples of builders passing risks to the consultant when this could not be properly covered by insurance.

Shopping centre in Western Sydney

Our team were involved in the drafting of a construction contract in Western Sydney. The $30 million development incorporated a lead retail tenant and a number of high profile secondary tenants.

Deputised to the Standards Australia Drafting Committee

A secondment to the National Master Builders Association resulted in Brett Vincent’s deputisation as a drafter with the Standards Australia Drafting Committees. Representing builders, he presented arguments in relation to the formation of AS4000 and certain sub-contracts in the Australian Standard suites. Successful arguments were raised to counter other industry lobby groups.

Corroding roof sheets

In Far North Queensland a recycling digester of natural vegetation decomposed matter so well that the caustic fumes coming from the material ate all that it encountered. The painted steel of the heavy earthmoving equipment used to move the vegetation corroded when left in the shed overnight. The roof of the building ultimately corroded away. The subcontractor was pursued by the contractor for this issue as well as non-compliance with insurance under the contract. After a detailed review of the contract documents, legal advice proposed to reject liability and resist the contractor’s claims. The matter settled without litigation after several months of heated negotiations.

Geotechnical defects

A geotechnical engineering company provided advice that resulted in the collapse of the flexible pavement at a port waterfront on reclaimed land. The designed flexible pavement was recommended for earthworks on which heavy containers and moving equipment would be loaded and transported. The pavement ultimately failed. The geotechnical conditions of the soil proved to be inadequate to carry the loads upon which the containers travelled. The tensely fought case against the geotechnical engineer settled after the plaintiff’s evidence of damages was successfully cross-examined by counsel for our client.

30 storey building demolition because of fraud

The collapse and subsidence of a recently constructed thirty storey building in Hong Kong resulted in litigation and prison sentences for certain key engineers on-site. The engineer had fraudulently certified that the piles had hit bedrock at 60 metres, when in fact the piles had only been dug to less than fifteen metres. The engineer’s mistake was that he put all the short piles in one corner. Had the engineer spread the piles out around the building, the fraud would never have been detected. The fraud caused a serious loss of confidence in public housing in Hong Kong. Litigation against the building company was commenced in order to recover the demolition costs of the building and other losses. For political reasons of public confidence the matter went to a hearing.

Brett Vincent, along with other Hong Kong legal personnel, prepared evidence to successfully recover damages from the contractor.

International arbitration in Hong Kong for defective work to the Tsing Ma Bridge

The defect rectification of certain substantial parts of the works on the Tsing Ma Bridge in Hong Kong resulted in an international arbitration spanning four countries and involving a substantial claim. Extraordinarily large pieces of the Tsing Ma Bridge were manufactured on an assembly line in China and floated downriver and lifted into place in Hong Kong. Brett Vincent defended the Hong Kong subcontracting company over a period of three years, which resulted in the London arbitration being settled before any substantial hearing.

Houses and units

A Mum and Dad developer in the suburbs created a dual occupancy. The builder’s work was defective in the extreme. The case went to the Department of Fair Trading with a number of experts. The case was successfully resolved to the satisfaction of our clients.

In another matter, a substantial builder with 30 years experience had claims made against them in respect of defects by an insurer and unit holders of a strata plan. The defects were over 10 years old. In this case, the catalogue of defects was poorly documented by the other side’s solicitors. We were able to respond to the evidence, saving our client from corrective work that should not have been theirs to rectify. Importantly we used a team of experts and barristers who specialise in construction work and, in particular, defects.