Sean Kelly
Clayton Utz
Special Counsel
Melbourne
Overview
Sean's practice exclusively focusses on major construction and infrastructure projects. These include energy transition and resources projects, major transport infrastructure as well as social infrastructure projects (sports stadia, university campuses, hospitals and other medical facilities)
Sean's clients include Australian and international project owners, contractors and engineering firms, and government departments/agencies, whom he guides through every stage of complex projects. From successful project delivery through to testing, commissioning and hand-over, Sean is adept at identifying and implementing strategic options to closeout projects and minimise disputes or, if unavoidable, maximise dispute outcomes.
Sean becomes a partner on 1 January 2025.
Notable Work
- Energy transition projects including:
- Onshore wind projects (extension of time, liquidated damages, quality, performance securities).
- Offshore wind projects (planning and procurement strategies).
- Subsea interconnector projects (planning, procurement, quality and remediation).
- Electricity transmission grid capital upgrades.
- Biogas offtake and processing plants (quality, remediation, supply of defective materials).
- Energy projects including:
- Offshore gas extraction platforms (safety, NOPSEMA, supply of materials, quality and remediation).
- Onshore gas processing plants (quality, remediation and performance requirements).
- Numerous rail projects including:
- Melbourne Metro Tunnel Project being delivered under multi-package PPP and alliance framework.
- Level Crossing Removal Projects across metropolitan Melbourne under alliance framework.
- Major rail line extensions to the Melbourne Metro network under D&C framework (quality, extension of time and extra-contractual claims).
- Delivery of new Light Rail Networks under PPP framework (variations, extension of time, testing and commissioning and extra-contractual claims).
- Transport projects including:
- Sea port, bund, reclamation and dredging projects (quality, remediation and class actions).
- Numerous road projects across Australia (quality, remediation and abatements).
- Airport runways and joint user jet fuel storage (variations, quality, latent conditions and extension of time).
- Social infrastructure:
- Hospital upgrades and developments (quality, extension of time, latent conditions, asbestos claims).
- University campuses (extension of time, quality, latent conditions and performance securities).
- Medical facilities (quality, remediation and performance securities).
- Stadia (basketball, netball, hockey and swimming).
- Defence capital works and procurement projects.
Insights
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Joint venture agreements and fiduciary relationships – and why you must be careful with the scope of responsibilities
18 Mar 2021 | Article
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Inconsistent particulars of contract: NSW Supreme Court shines light on transfer of title following RCR insolvency
12 Dec 2019 | Article
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National Capital Works 4 v AS4000-1997 – key differences between Standard Form Construct-Only Contracts
28 Nov 2019 | Article
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Maintaining privilege in expert communications: the Victorian Supreme Court provides practical guidance
31 Oct 2019 | Article
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Causation is king: NSW Supreme Court delivers hammer blow to programming analysis for delay claims
19 Sep 2019 | Article
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Duties of good faith in joint venture arrangements – ignore at your peril
20 Dec 2018 | Article
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Payments for insolvent claimants – approach to Security of Payment rejected as "plainly wrong" by NSW Supreme Court
26 Apr 2018 | Article
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Two out of three ain't bad! Does it matter if a member of an arbitral tribunal does not actively participate?
15 Mar 2018 | Article
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Considering a joint venture? What duties will you owe your business partners?
12 Oct 2017 | Article
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