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Expertise

Helena is a partner in our Construction and Infrastructure group. With 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, ensuring clients’ needs align with the constantly evolving commercial reality.

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)
  • advising educational institutions regarding development, facilities and other operational matters. 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.

Publications

02 May 2018 - Blog

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

06 September 2017 - Blog

Staying together forever… or not

#Construction & Infrastructure

Another reminder from the NSW Court of Appeal of the care required around dispute resolution provisions - Lipman Pty Ltd v Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) [2017] NSWCA 217. Dispute resolution clauses rarely feature heavily in contract negotiations. However, given that dispute resolution provisions will only ever be read in anger, this is perhaps an unfortunate by-product of the relative optimism shared by the parties at the start of a project and the discomfort most people feel in agreeing on what to do if it all goes wrong...

22 May 2018 - Blog

What's News in Healthcare? – 22 May 2018

#Construction & Infrastructure

Trans fats could be stripped from global food supply within five years: It's in margarine, ghee and fried food like hot chips — but according to some experts "trans fat is an unnecessary toxic chemical that kills, and there's no reason people … should continue to be exposed"