Lina Fischer
Clayton Utz
Partner
Sydney
Voted by peers as one of Australia's Best Lawyers in Construction / Infrastructure
– Best Lawyers Australia
Overview
A market-leading front-end construction and infrastructure specialist, with expertise in project structuring, contract drafting, tendering and project implementation for major projects in the rail, ports, roads, water, renewables, telecommunications and defence sectors. Deep experience in the building sector and in services outsourcing.
Notable Work
- Advising Sydney Metro on the new stations and over station developments for Sydney Metro West, as well as work on all other Sydney Metro lines.
- Advised Transport for NSW on the procurement of a contractor to design and construct the $2.6bn Sydney Gateway, recognised by tenderers as one of the most complex projects in the market.
- Advised a successful tenderer on a business critical Commonwealth Government services procurement.
- Advising Armidale Regional Council and Tweed Shire Council on the delivery of an innovative collaborative D&C arrangement for flood recovery works.
- Advising Hunter Water on the 10-year outsourcing of the operation and maintenance of its 25 water treatment plants, and developing a suite of template contracts for "business as usual" project procurements.
- Advising the South Australian Government on the $9.9bn Torrens to Darlington Project; the most significant infrastructure project ever undertaken in South Australia.
- Advising Australian Rail Track Corporation on the design and construction of new freight lines around Australia, and advising on procurements for new rail related equipment and services.
- Advising the Office of the Building Commissioner and developers on the DBP Act and RAB Act including obtaining undertakings in respect of defective work.
- Advising School Infrastructure NSW on a first-in-kind modularised education product; a future focused model incorporating modular design and digital technologies.
- Advising Forestry Corporation of NSW on multiple renewable energy projects in State owned pine plantations.
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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Media Release: Clayton Utz advises Mitsui Fudosan on its largest acquisition in Australia
10 Jul 2024 | Media Release
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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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Media Release: Clayton Utz congratulates MA Financial on its acquisition of Four Points by Sheraton Hotel in Melbourne's Docklands
16 Feb 2024 | Media Release
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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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Building Product Safety Act 2017 (NSW): introducing the chain of responsibility
5 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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NSW Government proposes reforms to transform the building sector
20 Oct 2023 | Article
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Commencement of the PID Act in NSW: What does it mean for an agency's contractual arrangements?
16 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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Media Release: Clayton Utz congratulates Sydney Metro on the signing of the Systems Frameworks package for Sydney Metro West
17 Mar 2023 | Media Release
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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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NSW Court of Appeal confirms the broad application of the statutory duty of care under the NSW DBP Act
8 Mar 2023 | Article
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Media Release: Clayton Utz congratulates Bridge Housing on successful bid to develop landmark Elizabeth Street social and community housing project
6 Feb 2023 | Media Release
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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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NSW Government set to overhaul the construction industry with new building reforms
21 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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Climate change adaptation front and centre for New South Wales Government decisions and planning
4 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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Media Release: Clayton Utz partners Nikki Robinson and Cameron Gascoyne recognised at 2022 Lawyers Weekly Partner of the Year awards
2 Aug 2022 | Media Release
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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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Significant reform to Australia's cyber security laws with passage of critical infrastructure reforms
23 Dec 2021 | 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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How can Australia's infrastructure sector ensure that assets are resilient during the infrastructure boom?
9 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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NSW Government takes next steps to bring decennial liability insurance to residential apartment buildings
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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Media Release: Clayton Utz advises Japan's Mitsubishi Estate on second luxury One Sydney Harbour acquisition
13 Aug 2021 | Media Release
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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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Collaboration between NSW and contractors sets new procurement standards
8 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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Media Release: Clayton Utz team advises NSW Government on "global first" infra-tech project set to transform the building industry
1 Jul 2021 | Media Release
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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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NSW residential building sector reforms commence on 1 July 2021: Are you ready?
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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Draft Design and Building Practitioners Regulation: are you ready to declare?
10 Dec 2020 | Article
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New ICT purchasing framework to replace Procure IT: NSW Dept of Customer Service to launch industry consultation phase
3 Dec 2020 | Article
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Streamlining the NSW Aboriginal Procurement Policy and what it means for agencies and contractors
26 Nov 2020 | Article
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New NSW procurement guidelines now in effect for skills and diversity on major construction projects
9 Jul 2020 | Article
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New NSW legislation imposes obligations on construction industry and establishes new statutory duty owed to owners
3 Jul 2020 | Article
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NSW parliamentary inquiry final report: further reforms for construction industry, rectification of flammable cladding
14 May 2020 | Article
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NSW emergency procurement procedure provides expedited procurements to aid COVID-19 response
3 Apr 2020 | Article
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NSW building industry Six Reform Pillars: ratings systems and regulatory overhaul
6 Feb 2020 | Article
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NSW Government agencies should be prepared – procurement challenges are available from tomorrow
28 Nov 2019 | Article
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NSW Government releases draft Design and Building Practitioners Bill 2019: speak now or forever declare
8 Oct 2019 | Article
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NSW major reform in the building and construction industry: the clock is ticking for comments
15 Jul 2019 | Article
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Media Release: Clayton Utz congratulates Sydney Metro on the opening of Sydney Metro Northwest
4 Jun 2019 | Media Release
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It's a long fall from the top: Building Commissioner to keep an eagle eye on high-rise construction in NSW
21 Feb 2019 | Article
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Senate Economics References Committee tables unsparing report on non-conforming building products
20 Dec 2018 | Article
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NSW Government agencies must act now to be ready for reviewable procurement decisions
27 Nov 2018 | Article
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Time is running out for owners of buildings with combustible cladding in NSW
5 Sep 2018 | Article
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NSW closer to ban of unsafe building products and rectification orders, with call for submissions
4 Apr 2018 | Article
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