David Lester
Clayton Utz
Partner
Brisbane
He's very responsive, very collaborative, really easy to work with, really quick, and we're always confident in the advice he gives.
– Client Quote
Overview
David has over 25 years' experience advising government entities, major Australian companies, and financial institutions across various sectors. He specialises in risk management, procurement strategy, contract preparation, negotiation, and administration, and has a strong track record in guiding major transport projects in Queensland. He also offers expertise in a range of financing transactions.
Notable Work
- Queensland Treasury and the Department of Transport and Main Roads: advised on the procurement, delivery and operation of the Toowoomba Bypass ($1.6bn) toll road project delivered as an availability style PPP.
- Department of Transport and Main Roads: advising in relation to the Logan and Gold Coast Faster Rail Project, which covers a critical 20-kilometre section of the Gold Coast Line between Kuraby and Beenleigh.
- Brisbane City Council: advising in relation to the Brisbane Metro project, from the business case stage through to delivery of the transformational project.
- Cross River Rail Delivery Authority: part of the CU team advising on the procurement and delivery of the Tunnel, Stations and Development package of Cross River Rail, delivered as a PPP.
- Brisbane City Council: advised on the design, construction, operation and maintenance of the Legacy Way toll road, valued at $1.8bn.
- Brisbane City Council: advised on the Clem7 5km toll road tunnel delivered as a PPP, valued at $2bn.
- Lenders and borrowers: acts on bilateral and syndicated loan arrangements in various industry sectors and for general corporate, acquisition and project financing arrangements.
- DTMR: advised in relation to the arrangements with Transurban Queensland for the management of the design and construction of the $1 billion Gateway upgrade North.
- Queensland Government: advised on the procurement, delivery and operation of the Airport Link and Northern Busway projects.
- Council: advised on financing and development aspects of the Howard Smith Wharves project.
- Interstate projects: Provided strategic advice on a number of projects, including North East Link, East West Link and Westconnex.
Insights
Major Projects & Construction 5 Minute Fix No 130: adjudicators and submissions, delays as nuisance, half-truths in land sales, rectification
15 Nov 2024 | Article
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Major Projects & Construction 5 Minute Fix No 129: bifurcated arbitration, security of payment across border, statutory trusts
25 Sep 2024 | Article
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Media Release: Clayton Utz advising Nippon Steel Corporation on its acquisition of a stake in the Blackwater Mine
29 Aug 2024 | Media Release
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Major Projects & Construction 5 Minute Fix 128: proportionate liability in arbitrations; security of payment, liquidated damages, subcontracting
26 Aug 2024 | Article
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Major Projects & Construction 5 Minute Fix 127: defect rectification, Infrastructure NSW, contract formation
18 Jul 2024 | Article
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Major Projects & Construction 5 Minute Fix 126: overpayments, wasted expenditure, builders' duty of care, anti-slavery
5 Jun 2024 | Article
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Major Projects & Construction 5 Minute Fix 125: public interest immunity, arbitration agreements, AS4000 and more
2 May 2024 | Article
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Major Projects & Construction 5 Minute Fix 124: security of payment, prior negotiations, interest rate or penalty
20 Mar 2024 | Article
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Major Projects & Construction 5 Minute Fix 123: proportionate liability, bank guarantees, who can receive a payment claim
5 Feb 2024 | Article
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Major projects & construction 5 Minute Fix 122: construction costs escalation, adjudications, access to performance securities, law reforms
20 Dec 2023 | Article
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Major projects & construction 5 Minute Fix 121: contracting out and construction contracts under the ACL, NSW net zero and infrastructure, variations
24 Nov 2023 | Article
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Major projects & construction 5 Minute Fix 120: completion, adjudicator's reasons, heads of agreement
20 Oct 2023 | Article
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Major Projects & Construction 5 Minute Fix 119: conditional completion certificates, termination rights, refusing payment
20 Sep 2023 | Article
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Major Projects & Construction 5 Minute Fix 118: conditions precedent, insolvency in construction, cladding
4 Aug 2023 | Article
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Major Projects & Construction 5 Minute Fix 117: combustible cladding, price escalation clauses, security of payment
19 Jul 2023 | Article
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Major Projects & Construction 5 Minute Fix 116: proportionate liability and arbitration, expert witnesses, bank guarantees
30 Jun 2023 | Article
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Major Projects & Construction 5 Minute Fix 115: further defects, payment claims and adjudication, quantifying damages
19 May 2023 | Article
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Major Projects & Construction 5 Minute Fix 114: Infrastructure Australia reforms, contractor's duty of care to road users, execution formalities
26 Apr 2023 | Article
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Major Projects & Construction 5 Minute Fix 113: separable portions and practical completion, Qld statutory trust roll-out
30 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 112: payment schedule timeframes, the Design and Building Practitioners Act duty of care
8 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 111: Secure Jobs, Better Pay in construction, force majeure, contract repudiation
12 Dec 2022 | Article
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Major Projects & Construction 5 Minute Fix 110: directors' and employees' liability, Domestic Building Contracts Act, proportionate liability regime
17 Nov 2022 | Article
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Major Projects & Construction 5 Minute Fix 109: timing and payment schedules, joint ventures, domestic building legislation, rectification damages
26 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 108: withholding payment, implied terms and High Speed Rail Authority
7 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 107: escalation risk, unconditional undertakings, building legislation and standards
16 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 106: enforceability of adjudication determinations, releases, Modern Slavery
1 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 105: developer's liability for cladding rectification, expert determination, security of payment
18 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 104: ABCC, combustible cladding, step-in notice, WA security of payment
4 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 102: building reform and regulation, underestimated renovation costs, WA security of payment
7 Jul 2022 | Article
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Major Projects & Construction 5 Minute Fix 101: duty of care, infrastructure strategy, and when can you be sued for a building action
24 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 100: NSW State Infrastructure Strategy, good faith and other implied terms, builder’s margin in variation claims and expert determinations
9 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 99: NSW's statutory duty of care, opposing a statutory demand, and unsuccessful adjudication offsets
26 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 98: NSW Research & Development Roadmap, supply chains, implied licences for home building plans
12 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 97: settlement agreements, liquidated damages, misleading or deceptive conduct
28 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 96: head contractor licensing, easements, recitals in construction contracts
14 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 95: Qld trust account rollout; Infrastructure Australia's new roadmap; security of payment
31 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 94: new contract to pay subcontractors directly, post-contract conduct, "cost plus", delayed Practical Completion and final payment
17 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 93: security of payment, stays and COVID-19, security of critical infrastructure reforms
3 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 92: electronic document execution, top 5 construction law issues, payment claims
17 Feb 2022 | Article
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Major Projects & Construction 5 Minute Fix 91: Queensland's project trust regime, arbitral awards, liquidated damages, Building Equality Policy
23 Dec 2021 | Article
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Major Projects & Construction 5 Minute Fix 90: subsequent adjudications, price reviews, and duty of care
9 Dec 2021 | Article
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Major Projects & Construction 5 Minute Fix 88: NSW net zero, warranties, combustible cladding litigation, default interest rates
11 Nov 2021 | Article
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Major Projects & Construction 5 Minute Fix 87: net zero in NSW, Market Capacity report, economic stimulus packages, tender costs
28 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 86: arbitration clauses, prevention principle, excluded amounts and liquidated damages
14 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 85: cladding in Victoria, WA security of payment, and payment schedules
30 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 84: Australian Infrastructure Plan 2021, bank guarantees, Offshore Electricity Infrastructure Bill
16 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 83: penalties home and abroad, Infrastructure Victoria 30 year strategy, building materials on credit
2 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 82: the prevention principle, implied term of good faith, NSW construction pause
19 Aug 2021 | Article
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Project Makeover: A new look for the Infrastructure Australia Assessment Framework
19 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 81: UK Building Safety Bill, NSW home building limitation periods, landowner duty of care
5 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 80: QBCC licence reform, superintendent dual roles, heads of agreement
22 Jul 2021 | Article
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Major Projects & Construction 5 Minute Fix 79: procurement practices, security of payment, damages for defects
8 Jul 2021 | Article
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Major Projects & Construction 5 Minute Fix 78: cladding and liability, NSW building reforms, QBCC's trust account tool
24 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 77: FIDIC's standard form contracts, penalties, insolvency and adjudication
10 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 76: estoppel, security of payment, Lacrosse liability, NSW building reform
27 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 75: arbitration clauses, security of payment, heavy vehicles and Zero Emission Vehicles
13 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 74: security of payment compliance audit, Project Remediate report, and damages
29 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 73: recourse to security, building product safety, and Vic reform
15 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 72: security of payment and the prevention principle
1 Apr 2021 | Article
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Major projects & construction 5 Minute Fix 71: joint ventures, security of payment, rectification
18 Mar 2021 | Article
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Major projects & construction 5 Minute Fix 70: Qld trust regime, harmonisation and arbitration
4 Mar 2021 | Article
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Media release: Toowoomba Bypass opening a celebratory milestone for Clayton Utz as legal advisers
27 Sep 2019 | Media Release
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Clayton Utz named Legal Adviser of the Year at inaugural PPP Awards
1 Dec 2017 | Media Release
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