Icons/Ionic/Social/social-pinterest

Expertise

Helena is a partner in our Construction and Infrastructure group. With over 15 years’ experience in large scale construction and commercial disputes throughout Australia, she provides dispute resolution, transaction and advisory services. She has particular expertise in complex negotiations and contract structuring, including drafting and negotiating development agreements, design and construction contracts, project delivery agreements, early contractor involvement agreements and consultancy agreements.

Helena works closely with her clients to ensure they understand the risks they face in their projects and how to address those risks.

Apart from construction industry clients, Helena has extensive experience providing advice to insurers and insureds in respect of professional indemnity, contractor’s all risks and other project policies and business related insurance.

Helena’s expertise also extends to advising education institutions in relation to development, facilities and other operational matters.

Experience

Helena's experience includes:

  • acting on behalf of an aged care provider in Supreme Court action to successfully avoid enforcement of a determination under the Building and Construction Industry Security of Payment Act 1999 NSW
  •  acting for a large building consultancy firm in a claim in the Supreme Court of NSW in relation to negligent mechanical ventilation design for large multi-dwelling residential building
  • acting for large international environmental consultants in relation to commercial claims 
  • acting for a major mining and energy contractor in Supreme Court of NSW proceedings concerning substantial variation and delay claims arising from a mine expansion project
  • acting for various insurers concerning policy disputes under a Project All Risks policies concerning major energy and mining projects (amongst others)
  • acting for both home owners and builders in relation to claims arising from residential building works
  • acting for claimants and respondents in connection with adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW) 
  • negotiating development agreements across a range of sectors including health care facilities and commercial developments
  • preparing project contract documentation for various participants in a range of projects including educational facilities, health care facilities, large refurbishments, tenancy fit-outs, commercial premises, large and medium scale residential developments and aged care facilities. Project highlights include: 
    •  major new facilities for a number of independent schools including aquatic centres, sporting facilities, student centres, GLAs and performance spaces 
    •  health care facilities including major medical centres and specialist facilities 
    • aged care facilities including redevelopment and expansion of existing facilities and new developments providing all forms of aged care accommodation 
    • redevelopment and upgrade of major sporting, hospitality and entertainment facilities including playing fields, race courses (including associated structures) and hotels. 

Publications

05 December 2018 - Knowledge

Building and Construction Industry Security of Payment Amendment Act 2018

#Construction & Infrastructure

On 21 November 2018 the NSW Government passed the Building and Construction Industry Security of Payment Amendment Act 2018 (the Act). The Act forms part of New South Wales’ formal review of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) which commenced in 2015.

10 October 2018 - Knowledge

How safe is the harbour for Security of Payment Act claimants?

#Construction & Infrastructure

Will a claimant in a ‘safe harbour’ be able to convince a court that a stay of judgment under the Security of Payment Act based upon their financial position is not justified?

02 May 2018 - Knowledge

What should the Supporting Statement contain and does it matter anymore?

#Construction & Infrastructure

In the recent decision of Central Projects v Davidson the Supreme Court has clarified the requirements for a Supporting Statement under section 13(7) of the Building and Construction Industry Security of Payment Act making observations about the consequences of a breach