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Andrew Barclay

Partner, Melbourne
T +61 3 8602 9219
E Andrew Barclay

Area of Practice:

  • Building and Construction law
  • Engineering Projects
  • Construction and engineering dispute resolution and litigation

Experience:  

Andrew commenced with Hunt & Hunt in November 2008.

Andrew has more than 18 years experience as a building and construction lawyer on projects including major infrastructure and commercial developments. Andrew has provided advice and assistance to a range of Australian and international contractors and consultants in the engineering and construction industries. Andrew's particular areas of practice include:

  • Contract drafting and review, including legal risk analysis;
  • Contract interpretation and the development of strategies to positively deal with differences that arise from the performance of contractual and other obligations;
  • Dispute avoidance and alternative dispute resolution;
  • Conduct of litigation in a variety of Australian jurisdictions; and
  • Representation of clients at meetings and in conferences about the above.

Prior to joining our firm and since 1999, Andrew was in sole practice as a building and construction lawyer. Before that he was Project Counsel for the Transfield Obayashi Joint Venture that built the Melbourne City Link Project.

Between 1999 and 2009 Andrew's practice has included the following work:

  • Defence of a claim in the Victorian Supreme Court alleging damage by a contractor to a building caused by land settlement;
  • Advising and representing in contract negotiations one of the design subcontractors on the Melbourne EastLink Project;
  • Preparing a Build Joint Venture Agreement for a Water Mains Maintenance contract;
  • Reviewing and advising on a Major Works Periodic Agreement for maintenance of a gas distribution network;
  • Conducting on behalf of an international dredging contractor a claim in the Federal Court of Australia arising out of a project in Western Australia;
  • Reviewing and negotiating proposed special conditions for AS4122 General Conditions of Contract for Engagement of Consultants;
  • Conducting on behalf of consulting engineers the defence of a claim in the Victorian Civil and Administrative Tribunal about failure of underpinning in a building being redeveloped for residential apartments;
  • Preparing and negotiating agreements about development of a uranium deposit in Queensland;
  • Advising and representing in contract negotiations one of the alliance participants in a project forming part of the Victorian Government's Northern Victoria Irrigation Renewal Project;
  • Advising and representing an engineering consultant in contract negotiations about redevelopment of an industrial site in inner Melbourne;
  • Preparing special conditions for Australian Standards AS2124-1992 for a residential care facility;
  • Advising a mining plant supplier in connection with a dispute arising out of FIDIC conditions of Contract for Plant and Design Build;
  • Advising and acting in connection with security of payments disputes

 

Memberships and appointments:
  • Law Institute of Victoria
  • Building Disputes Practitioners Society
  • Australasian Alliancing Association
  • Society of Construction Law (Australia)

Professional Qualifications:

Bachelor of Laws with Honours, University of Auckland
Graduate Diploma in Commercial Law, Monash University
Master of Laws, Monash University
Admitted in the Supreme Courts of Victoria, New South Wales and Western Australia

 

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