Jonathan Usher

Expertise

Jonathan specialises in infrastructure and construction projects, property development and structured finance arrangements. He has advised clients on hotel, residential, commercial, industrial and mixed-use developments, roads, gas, and water and power projects.

Jonathan has extensive experience in construction and projects law, including drafting and analysis of EPC Contracts, FIDIC Contracts, ECI Contracts, JV Agreements (incorporated and unincorporated) and Australian Standard contracts and other building and civil engineering contracts.

Jonathan has primarily represented government bodies, funds, investors, developers, sponsors and lenders, and has also acted for consultants, suppliers, contractors and subcontractors.

Experience

Jonathan's experience includes:

• Wiggins Island Rail Projects, Queensland, Australia - advising Aurizon (formerly QR National) on request for tender, construction contracts and ancillary documentation in connection with rail projects related to the Wiggins Island Coal Export Terminal (AUD900 million)
• Hitachi Rail Subcontracts, Queensland, Australia - drafting and advising on agreements for the design, supply, assembly, installation, testing, commissioning and maintenance services for signaling, communications, automation and control systems for Queensland Rail (including Cross- River Rail Project) and mass transit industries for Sigmac (Australia)
• Rail Metro Project, Sydney, Australia - advising Vossloh, Asia Pacific on request for tender documentation including supply and delivery of concrete sleepers (270 ton) in connection with the Northwest Rapid Transit Infrastructure Joint Venture 
• sub-sea vehicular tunnel, Palm Jebel Ali, Dubai - advice to state owned master developer on tendering and design and build contract for the 1.3km tunnel
• rail equipment, Argentina - preliminary advice to supplier of rail equipment in connection with a mining project in Argentina (USD85 million)
• Bruce Highway Upgrade, Uhlmann Road to Bribie Island Overpass, Australia - advice to Department of Main Roads on all aspects of the 6km project consisting of 6 lanes, bridge construction and widening, overpasses and interchanges (AUD183 million)
• gas pipeline construction, Queensland, Australia - advising QGC (now Shell) on various documentation related to infrastructure in connection with Curtis LNG Project including contract administration and claims under BCIPA
• turbines, generators and mining equipment, New Caledonia - advising Australian supplier on various documentation in connection with international sale and purchase agreements, supply agreements and long-term warranties in connection with export of equipment to New Caledonia
• Ilmenite, Northern Territory, Australia - advising LKAB Minerals Asia Pacific on international supply and delivery agreement of 13,000 metric ton of ilmenite including litigation and arbitration (USD3.25 million)
• BOC (Linde Group), Queensland, Australia - advising on all aspects of operations including corporate governance issues, construction contracts, expansion and contract administration 
• 300MW battery equipment storage systems, Abu Dhabi - general review and commercial and legal advice to owner on supply agreement of equipment for substations (USD975 million)
• gas turbines, Russia - advising owner on Long Term Service Agreement and International Equipment Sales Agreement (USD115.6 million)
• The Federal Authority for Nuclear Regulation (FANR), Abu Dhabi - preliminary advice to FANR on, and drafting of, the consultancy service agreements in connection with the supervision and certification for licensing and training requirements for construction and operation of a nuclear power plant
• wastewater treatment plant, Australia - advising Cairns City Council on construction documentation for the construction of wastewater facility
• Sunshine Coast University Hospital, Australia - advising Liebherr USA and Morrow on supply and subcontractor agreements
• Gold Coast University Hospital, Australia - advising Queensland Health on the co-location of the Gold Coast Private Hospital on the Gold Coast University Hospital Campus
• Yas Island Marina & Circuit, Abu Dhabi - advising the Executive Affairs Authority on numerous construction contracts and consultancy agreements for utilities and infrastructure assets and operation and maintenance agreements as part of due diligence in connection with asset transfer (USD2.49 billion)
• Central, Townsville, Australia - including advice to developer on full construction documentation for the redevelopment of the Queensland Rail Yards and the design and construction of a mixed-use development with Hutchinson Builders as contractor (AUD350 million)
• Palazzo Versace Resort and D1, Dubai - advice to Sunland on developments including drafting and negotiating construction management agreements, project management agreements and project marketing agreements in connection with design and construction of mixed-use developments
• South Korean financial institution as senior lender on hotel and residential projects in Dubai (USD175 million).