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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

24 August 2023 - Knowledge

NSW Government Bulletin: Supreme Court of NSW reminds contracting parties to follow the contract

#Government, #Construction, Infrastructure & Projects

As the purchaser of goods and services under innumerable contracts, government has a lot at stake if a contract is not implemented in accordance with its terms, whether that be for the smallest supply of goods or a major infrastructure project.

22 August 2023 - Knowledge

Practically (in)complete: Certifying ‘conditional’ practical completion

#Construction, Infrastructure & Projects

A recent ruling by the Supreme Court of NSW reminds contracting parties about the importance of understanding the agreed terms for practical completion and following them in any contract.

06 April 2023 - Knowledge

NSW Government Bulletin

#Government, #Construction, Infrastructure & Projects

In this edition, we look at the amended unfair contract terms regime due to come into effect at the end of 2023, and discuss how those changes are relevant to government not withstanding the application of crown immunity.

20 July 2022 - Knowledge

NSW Government Bulletin

#Government, #Construction, Infrastructure & Projects

First it was fashion and haircuts, now it is contract clauses from the '80s. In this edition, we share tips for managing the re-emergence of rise and fall clauses in construction contracts.

11 May 2022 - Knowledge

Conflicts of interest for building certifiers in NSW – what happens when a transitional provision doesn’t last long enough?

#Construction, Infrastructure & Projects

The exemption to the conflict of interest prohibition for principal certifiers appointed before 1 July 2020 on projects completed by July this year has undue impacts on projects delayed as a result of the COVID-19 pandemic and extreme weather events.