James Kendal
Clayton Utz
Partner
Canberra
Overview
Demonstrating outstanding ability to take complex issues and apply them to his client’s strategic and commercial objectives, James advises on projects and undertakings across major infrastructure projects, government procurement and commercial projects around Australia in a broad range of industries, including aviation and airports, transport, government, statutory corporations and construction.
Notable Work
- ACT Government: played a key role advising on the $1 billion Canberra Light Rail Stage 1 PPP Project.
- Commonwealth: acted in relation to the arrangements for, and approach to, the proposed development and extension of a rail link from the existing Transport for NSW rail network to the new Western Sydney Airport.
- Major Projects Canberra: advising on the multi-stage City to Woden Light Rail including advising on the PPP augmentation and a range of complex legal and technical matters.
- Transport for NSW: acted on various major infrastructure projects on and around Sydney Airport, including the Sydney Gateway Project, Airport East upgrade and Mascot Tunnel refurbishment.
- Disputes: advising on one of the largest disputes in the Technology and Construction List, demonstrating his expertise in handling complex legal scenarios, where his contributions have a direct impact on resolving substantial issues.
- Director of National Parks: advising on the tender for a building contractor to undertake construction for the Ian Potter National Conservatory.
- Deloitte: team member advising during the voluntary administration and sale process of Virgin Australia, working in a challenging and highly regulated environment.
- Airports: advising international and domestic air operators on their operations in Australia. Also advising various airports in relation to commercial and retail developments, Airports Act regulatory advice, preparation of Master Plans and Major Development Plans and advising on airline air services agreements and other commercial transactions.
- Commonwealth Government agencies: advising on procurement processes for technical services, delivery programs and construction, facilitating important government initiatives and contracts.
- Drones: advised a number of entities on the regulation of drones around Australia, including safety and security matters.
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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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 certification and safety changes for aviation industry participants
11 Nov 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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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: Clayton Utz announces 1 January 2021 partner appointments
11 Dec 2020 | Media Release
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