Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterest

Carla Mazibuko

LLB

Senior Associate - Brisbane

Areas of Expertise

Construction, Infrastructure & Projects

Expertise

Carla is an experienced commercial lawyer focussing predominantly on construction, infrastructure and projects, including significant experience in government procurements. Carla’s experience is gained through private practice and as a seconded lawyer in-house for a multi-utility government owned corporation. 

Carla’s time in-house provided invaluable experience in liaising with internal and external stakeholders of all levels to achieve key strategic business outcomes. While in-house, Carla also gained a deeper understanding of client needs and expectations when it comes to the provision of legal services.  

Carla provides advice from project planning through to contract execution and administration, drafting procurement documentation and contracts for projects of all sizes, negotiating contracts for innovative and major projects, and providing strategic written and verbal advice to a broad range of clients. 

Carla is also experienced in providing probity services, including on critical and sensitive procurements, with an ability to deliver pragmatic advice.

Experience

Construction and infrastructure

  • negotiating and drafting amendments to an EPC and O&M Contract for a largescale commercial solar project in Queensland on behalf of the head contractor
  • negotiating and finalising the EPC Contract on behalf of an electricity network provider for a tranche of a remote solar project, including ARENA funding considerations
  • advising an engineering consultancy company in risk management on a project involving remediation of a fuel-contaminated site, including back-to-backing risks from the head contract to the subcontract, detailed negotiations and redrafting the head contract and subcontract terms
  • advising on contracts, procurement processes and contract administration on various projects including but not limited to a solar power projects, a subsea power line, the construction of a pump station, an electricity network upgrade, and a water supply upgrade
  • preparing a harmonised national suite of template contracts for a residential building industry body incorporating jurisdiction-specific home building requirements for each State of Australia
  • drafting suites of precedent construction, maintenance and consultancy contracts for local governments, a government owned corporation, an airport corporation and private developers of large commercial and residential developments
  • assisting with preparing a contract management manual for a government department 
  • advising on the default and termination of an insolvent contractor in the construction of a large water tower and procuring the completion of the project
  • negotiating all manner of documents including joint ventures, EPC agreements, consultancy agreements, MOUs, leases and licences
  • negotiating and preparing deeds in relation to a developer’s obligations for water and power infrastructure in relation to development of a greenfield site
  • negotiating a power network connection agreement on behalf of the network provider for a major gas project
  • preparing template contracts for a start-up biogas developer
  • drafting suites of construction and consultancy agreements including associated tender package documentation
  • preparing bespoke and Australian Standard works contracts for projects of all sizes, including minor works, major works, construction management, subcontracts, ECI, demolition, D&C, commercial fitouts for a range of clients including subcontractors, head contractors, private developers and all levels of government
  • advising the owner of inland port facility (freight, logistics and industrial) on various interdependent agreements including a connection agreement with the rail authority and rail infrastructure management services agreement
  • reviewing and amending works contracts for a range of clients, including updates for security of payment legislation and non-conforming building products
  • assisting in preparing adjudication application responses in the Northern Territory including drafting supporting affidavits.

Procurement and probity

  • advising on the joint procurement of resources recovery and waste disposal services to five south east Queensland local governments, including:
  • preparing request for expressions of interest documents (and the procurement planning and probity documents)
  • advising the local governments on undertaking a joint activity and preparing the governance structure for the joint activity
  • providing ad-hoc probity and procurement advice
  • reviewing and advising on media statements
  • advising on potential project models
  • preparing the application for authorisation to the ACCC to authorise conduct that might otherwise be a breach of competition law
  • advising on the sale and development of a 168 hectare greenfield site including drafting all procurement documentation on the two-stage procurement process, advising the project team on regulatory requirements, assisting with establishing the detailed evaluation criteria, and advising on the evaluation and negotiation
  • advising and preparing documentation for a government owned corporation in relation to the two-stage procurement for the development of an industrial site in Darwin
  • advising a private developer on the subdivision and development of a large block of land for mixed use, including preparing the development contract and subcontracts, and advising on unit title scheming
  • probity advice for high value and highly sensitive procurements by Queensland government agencies
  • preparing procurement documentation and advising on procurement regulatory requirements for channel widening project
  • advising a Queensland government department on the procurement and probity requirements for renewing a major supply contract
  • probity advice to Defence for its Capital Facilities and Infrastructure procurements
  • preparing procurement documentation and advising on the procurement process for sourcing infrastructure works and services on behalf of a number of local governments, in Queensland and Northern Territory, and Northern Territory departments
  • advising on and preparing documentation for alternate procurement options under the Local Government Act 2009 (Qld)
  • advising on and preparing documentation for a utility corporation in relation to the procurement of an innovative water treatment plant in a remote location
  • advising on the procurement, negotiation and finalisation of a consultancy agreement for the supply of a target operating model for a government owned corporation
  • advising government department on supply and installation of hybrid imaging equipment, supply of health consumables, provision of the ambulance services and provision of radiology services

Resources

  • advising on exemptions to QLeave levy for resources operational works
  • preparing a tender tailings storage facility major works contract for a Queensland mine
  • preparing and negotiating an exploration agreement, a haulage services agreement, and a raisebore air raisers and escape ways works contract.

General

  • researching, consulting with government and external stakeholders, collating findings and co-authoring a report on a review of the land tenure, leasing and legislation for 43 Town Camps in the Northern Territory as part of a wider Deloitte consultancy consortium which conducted an independent and comprehensive review of Town Camps
  • advising on commercial property documents such as agreements for lease, leases (including the lease of a power station), licences, easements, tenure concerns, native title and cultural heritage issues
  • advising on environmental matters including notifications to the environmental authority
  • advising on human resources matters including advising on proposed disciplinary action and liaising with the WHS authority in relation to an incident
  • conducting contract reviews and updating contract suites for legislative changes
  • preparing goods and services agreements and operations & maintenance agreements
  • drafting, reviewing and advising on a range of commercial contracts including funding agreements, services agreements, access agreements, utility services agreements, and deeds of indemnity
  • presenting contract management training for procurement leads at a government owned corporation
  • detailed advice to a local government on the public transport legislative framework in Queensland
  • advising on a Magistrates Court proceeding in relation to acclaim under the Australian Consumer Law
  • preparing governance documentation of a local government owned company.

Upcoming Seminars