Nick Christopoulos
Clayton Utz
Special Counsel
Sydney
Overview
Extensive experience advising government and private sector clients on a range of infrastructure, construction and engineering related matters, predominantly during the project delivery phase of projects and in relation to disputes. Complementary to this expertise is a strong track record across all forms of dispute resolution including litigation, arbitration, expert determination, mediation, and under the Security of Payment legislation.
Notable Work
- State of NSW: acted in its successful defence of a claim made in the Supreme Court of NSW regarding allegations of defective design and costs to demolish and rebuild sewage treatment facilities, leading to judgment in favour of the State of NSW and recovery of costs on an indemnity basis.
- State of Victoria: acted in its successful defence of a claim in an arbitration regarding a Material Adverse Event claim by a toll operator following a change to the State's road network.
- Sydney Metro: acted in relation to the formation of the Sydney Metro NSW Government agency under the Transport Administration Act, and the statutory vesting of assets from TfNSW to Sydney Metro in connection with the new metro network.
- Sydney Metro: acted for in relation to various issues and disputes arising in relation to the delivery of the North West and City & South West metro network.
- nbn: acted on various matters concerning the nbn rollout, including the negotiation and re-negotiation of various agreements and negotiation of contracts with construction delivery partners in relation to the rollout of nbn's fixed line network.
- NSW Health: acting for in relation to various construction related matters involving defects and operational issues at various NSW hospitals.
- Sydney Trains: acted to procure new information technology systems to be implemented at the newly constructed Rail Operating Centre.
- Construction defect litigation: acted for various principals and contractors in relation to defect claims, which involved the engagement of leading experts across various engineering disciplines.
- Construction dispute resolution: Acted for various principals and contractors in relation to disputes concerning claims for additional time and costs.
- Combustible cladding advisory: advised both owners and contractors of rights and obligations, and claims strategy, relating to the installation of combustible cladding, including in relation to proceedings commenced in the Supreme Court of NSW.
- Wind Farm Arbitration: acted for the joint venture owner of a wind farm in an arbitration against the wind turbine supplier and operator of the wind farm concerning defect related matters.
- Baulderstone: acted against Queensland Investment Corporation in one of the largest disputes in the Technology & Construction list in the Supreme Court of New South Wales.
- Barangaroo Delivery Authority: acted in relation to proceedings commenced by the Owner's Corporation against the Builder and the Authority (relying on successor in title provisions) pursuant to the Home Building Act.
- Security of Payment Act: acted for various claimants and respondents regarding the operation of the Security of Payment legislation; in relation to payment terms included in contracts; and acted in several significant adjudications in New South Wales and Victoria.
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