Consultant
Sidra Medical and Research Center
مجموع سنوات الخبرة :20 years, 3 أشهر
I manage all the construction, consultancy and procurement agreements (pre-contract, negotiation, post-contract) to ensure the protection of company interests and prevention of legal exposure in various business transactions. I provide legal advice on the interpretation and application of contractual provisions to ensure management is aware of their legal rights and obligations in all construction and procurement contracts and consultancy agreements.
Msheireb Properties is a real estate company and a subsidiary of Qatar Foundation. The company was established as a commercial venture to support the Foundation’s aims and the Qatar National Vision 2030. Msheireb Properties’ flagship project, Msheireb Downtown Doha is a AUD10 billion development, it will revive the old commercial heart of the city through a new architectural language that is based on community living, across a 31 hectare (76 acre) site and includes, schools, medical clinics, residential, commercial and retail elements.
I manage all the construction and corporate related contracts (pre-contract, negotiation, post-contract) and claims to ensure the protection of company interests and prevention of legal exposure in various business transactions. I provide legal advice on the interpretation and application of contractual provisions to ensure management is aware of their legal rights and obligations in all construction contracts and consultancy agreements.
Major roles and responsibilities
•Perform drafting, review, and negotiation of various construction-related contracts with a view to evaluating risks and preventing legal exposure including the 6 main phase construction contracts and consultancy agreements totaling close to AUD10bn.
•Perform drafting, review, and negotiation of various retail, commercial and residential leases with a view to evaluating risks and preventing legal exposure.
•Perform drafting, review, and negotiation of various corporate and business contracts with a view to evaluating risks and preventing legal exposure.
•Perform drafting, review, and negotiation of various hotel management agreements and associated documents such as the technical and pre-opening agreements with a view to evaluating risks and preventing legal exposure.
•Provide management with input on the interpretation and application of contractual provisions.
•Provide specialized input to management related to construction contracts in the pre-contractual, contract negotiation, and post contract phases.
•Perform negotiation of various types of construction-related contract claims with a view to protecting the interests of MP including both technical claims (values up to AUD200m) and disputes including the preparation of settlement agreements.
•Represent and defend MP before judicial administration and government authorities in litigation matters, through external litigation experts.
•Provide input as part of the tendering / contract award process in order to take steps to ensure that the correct terms and conditions are used (or if not available, are created) and properly enforced.
•Provide input and advice on an ongoing basis in relation to interpreting existing contracts and any legal issues arising in relation to implementation and contract administration of contracts.
•Perform the contract breach and termination process for breaches of MP’s 3rd party suppliers (non-corporate and non-operation related) and propose mitigation initiatives and remedies including preparation of valid notices under the contract.
•Ensure compliance to all relevant safety, quality and environmental management policies, procedures and controls across the department to guarantee employee safety, legislative compliance, delivery of high quality products/services and a responsible environmental attitude.
•Other Msheireb Properties projects include Education City Golf Course and villas, Zulal Destination Spa, Medical Street, Labour accommodation for 10, 000 workers.
I specialise in drafting and negotiating contracts for major construction and infrastructure projects, specifically commercial construction projects, dispute resolution advice and representation in arbitration.
Major projects and achievements
•Advising Qatar Rail on the $38b Qatar Rail project.
•Advising Grimshaw Architects and negotiating their contracts for the New Doha Airport (including 8 sub-consultant agreements, Al Farjan Playgrounds, New Doha Airport Phase II and the Qatar National Pavilion in Rio, Brazil.
•Lead role in arbitration acting for sub contractor Bahrain company in road dispute on the 42km Dukhan highway, including drafting statement of claim, submissions on preliminary issues and preparing witness statements, briefing experts and counsel, instructing at the hearing.
•Advising Al Habtoor Leighton on litigation matters on Qatar Dubai tower project.
•Advising Al Habtoor Leighton on general construction matters relating to projects in Qatar.
•Advising UDC on contractual matters relating to their sub-developer agreements on the Qatar Pearl project.
I specialised in drafting and negotiating contracts for major construction and infrastructure projects, specifically ports, port related industries and integrated tourism complex projects, including general and ongoing advice to government ministries and the Sohar Industrial Port Company.
Major projects and achievements
•drafted tender documents for the Ministry of National Economy, Oman for the ports of Ash Shuwaymiyah, Dibba and Lima for consultancy services for the techno-economic feasibility study, designs, operation and management studies and construction supervision for development of port, ferry terminal and marina;
•assisting drafting and negotiation of ferry services operations agreement for National Ferries Company SAOC, Oman, with Forde Reederei Seetouristick GMBH for five high speed ferries;
•assisting drafting and negotiation of ferry services maintenance agreement for National Ferries Company SAOC, Oman, with Austral Ships Pty Ltd for five high speed ferries and two high speed rescue boats for the Oman Police;
•drafted joint venture agreement for National Ferries Company SAOC, Oman for the operation and maintenance appointment of Austral Ships and Reederei Seetouristick GMBH;
•assisting drafting Duqm consultancy agreement for the Ministry of National Economy, Oman with Antwerp Port Authority for the operation of the Duqm port which is to include a quay wall for general cargo and container usage, as well as room for liquid exports and bulk imports, and related industrial area which will include the designation of an area therein as a free-trade zone;
•assisting reviewing, negotiating and drafting project agreement for Ministry of Finance and Oman Dry Dock Company for the design, construction, operation and maintenance of staff housing consisting of 250 apartments, 94 villas, recreational facilities and associated infrastructure at the Duqm Port, Oman.
•acting for the National Ferries Company (and Ministry of National Economy) in regard to selecting bidder and negotiating contract for project management consultancy services for the delivery of 6 ports for the fast ferries, Oman;
•assisting in drafting and reviewing project documents for an independent power and desalination project in Oman, including the request for proposals, power and water purchase agreement, project founders' agreement, natural gas sales agreement, electrical connection agreement, water connection agreement and usufruct agreement.
•acting for Ministry of National Economy, Oman in negotiating and drafting contract with Fugro for bathymetric and geophysical survey for fast ferry facilities for the mainland to Maseirah Island channel;
•acting for the Ministry of National Economy in drafting agreement for consultancy services for technical study for developing a fast ferry terminal in Al Habalyn and Khor Najid Area, and road connect to Khasab Port, Oman.
•acting for Khayal Development on the integrated tourism complex with the Ministry of Tourism, Oman for the implementation, planning, design, development, financing, marketing, sale, leasing, utilisation, management, maintenance and operation for the purpose of the creation, development, and operation of the residential and tourist complexes, hotels, marinas and related facilities; and
•providing advice to Sohar Industrial Port Company in regard to all aspects of the operation of the Port of Sohar including but not limited to tenant sub usufruct issues, marine services and damages issues and the project finance for the special marine infrastructure including a jetty, dredging, approach trestle, access road and corridor and exclusivity issues under the master stevedoring agreement.
I specialised in drafting and negotiating contracts for major construction and infrastructure projects, including a railway feasibility, design, and procurement project.
Major projects and achievements
•seconded to Bovis Lend Lease's specialist rail team to assist in the preparation of their bid as part of a consortium with Atkins Global (with sub consultants Deloittes and DLA Piper) for the Abu Dhabi Metro Study. The project consists of five stages from feasibility through to revenue operation for the first metro system in Abu with 131km of track (most underground) and 42 stations. I undertook the lead drafting role for the methodology of the project;
•acted for the master developer (Nakheel/Macquarie Bank JV) in relation to drafting the concession agreement together with schedules and the design build operate contract and providing overall construction advice in regard to the sewerage treatment plant and network for Jumeira Golf Estates, Dubai; and
•acted for the master developer (Nakheel/Macquarie Bank JV) in relation to drafting the concession agreement together with schedules and the design build operate contract and providing overall construction advice in regard to the sewerage treatment plant and network for
I specialised in drafting and negotiating major construction and infrastructure projects, railway procurement and PPP projects as well as conducting due diligence for large infrastructure and corporate projects.
Major projects and achievements
•advised the Queensland Government on the SEQ Schools PPP project, a project to deliver 7 schools and preparation of the project deed and associated documents, including drafting early works contract;
V/Line is the regional public transport provider for the State of Victoria and currently operate approximately 1400 train services and 600 coach services per week. The company is also responsible for the operation and maintenance of 4100 kilometres of rail track across Victoria and into New South Wales. My role included:
•advising senior management on legal aspects of the Company’s commercial operations;
•managing litigation and liaising with governmental departments and regulatory authorities;
•provision of broad commercial and legal advice to all departments within the Company in respect of its day-to-day activities including: (i) providing strategic and operational support; (ii) advising on significant projects and complex contracts; and (iii) drafting and implementing robust standard form contracts for use throughout the business;
•coordinating the provision of all insurance requirements for the company and the provision of legal recoveries for damages sustained to the Company and/or its property from third parties;
•provision of advice on corporate governance, regulatory compliance and risk management, including the preparation of reports for the board and board committees;
•advising company on a range of cross business initiatives, including managing the effective liaison with external Government, quasi government and private entity stakeholders so as to assist various departments within the business in their management of government relations and government projects;
•provision of company secretarial activities; and
•instructing and management of external legal service providers.
Major achievements
•Led the company in regard to it’s acquisition of the below rail business involving over 50 major contract documents concerning the Victorian government’s buy back of the regional railway track infrastructure from Pacific National and the incorporation of the regional network and access business into the above rail operator's business, advising specifically in regard to accreditation and material change safety requirements;
•provided recommendations for amendments to the Rail Corporations Act in regard to Freedom of Information implications and provided recommendations and draft amendments to the Regulation in regard to carriage of people and animals on trains;
•provided advice and project management assistance in regard to the management of the civil works being undertaken by KAMCO at the client's stations;
•drafted and negotiated access agreements with other above and below rail operators;
•drafted a standard form suite of consultancy, carriage cleaning, project management and build only contracts (minor and major works);
•drafted policies for document management systems;
•coordinated the legal issues concerning the integration of the below rail business;
•implemented triple bottom line reporting;
•conducted an internal audit of legal and company secretariat processes;
•prepared and negotiated rolling stock procurement contracts for 38 Vlocity DMUs and 14 trailer cars; and
•drafted policies for privacy, whistleblower protection, code of conduct, and correspondence and document management; and
•assisted the safety department in obtaining ISO 9001 certification.
Wainwright Ryan is a boutique commercial and construction law practice in Melbourne. I headed up the construction department and my work included front end contract negotiations and drafting; back end litigation including domestic building disputes and VCAT applications, commercial building disputes at County and Supreme Courts; general building advice; prepared notices to end building contracts and subsequent notices of termination; applications under the Building Industry Security of Payment Act 2002.
Front end contract negotiations and drafting; back end litigation including domestic building disputes and VCAT applications; general building contract advice for Industry Superannuation Property Trust, Macquarie Bank, C+BUS, Westfield Shopping Centres and Central Equity; town Planning applications; general advice line work for small builders or owners; town planning applications at the VCAT for home owners wanting to develop; drafting special conditions to be added to various standard form building contracts.
I acted for the City Link Tunnel designers HyderCMP in the Hydrogeology and Tunnel rectification claims; drafted construction management contract and trade contracts for Walker Corporation for the Pran Central $15m development in South Yarra acted for Walker Corporation in relation to subcontractor claims arising out of the Pran Central development; drafting development agreements and building contracts for RIA Property Group Pty Ltd for large residential developments (70+ units and landscaping) such as Park Waters and Mickleton Grove; and defence of a $13m defects claim for Norwich Union resulting from the VicAlbert development in Melbourne.
My experience included front end contract negotiations and drafting, back end claims, domestic building disputes and VCAT applications, commercial leasing, town planning, general litigation, TAC applications at VCAT, and Domestic Building applications at VCAT for proprietors. I also conducted front-end contract negotiations for Leighton Contractors for the development of a joint venture project with Amcor for the construction of a bottle manufacturing plant
My role involved project managing and coordinating building projects, including letting sub-contracts preparing claims for variations, extensions of time, delays etc and implementing computer systems for paperwork procedures and registers to increase the efficiency of projects. Specifically, I project managed the Epping Medical Centre and the McClelland Gallery, Langwarrin.
I worked full time for the developer of the Crown Casino in Melbourne assisting the site management team
and 60 Station Street (Sydney) and drafting related consultancy agreements;
•drafted adjudication response for a security of payment claim for Leighton Properties Pty Ltd on the Viridian Noosa project resulting in 100% successful defence of the $2m+ claim;
•drafted standard form construction contracts, service agreement and supply contracts for Caltex Australia Petroleum Pty Ltd in regard to the turn around of the Lytton refinery and gave presentation on security of costs legislation and application and provided subsequent advice;
•drafted alliance agreement for BHP Billiton for solar drying pads at Yabulu Nickel Refinery, Queensland;
•drafted a variety of construction related documentation for Investa Property Group including standard form consultancy agreement, project management agreement and D&C contract;
•drafted development agreement and construction contract for a Korean construction company to develop 200 units in Paradise Point, Queensland and setting up the necessary special purpose vehicle and advising of the building licence requirements;
•drafted standard form construction and supply agreements for Lihir Gold Ltd for the oxygen plant on Lihir Island;
•drafted D&C contract for evaporation pond for Dalby Bio Refinery Limited and provided overall construction advice in regard to the evaporation pond;
•drafted construction management agreement for Bloomberg Incorporation for the refurbishment of 293 Queen Street;
•drafted standard form D&C contract for Valad Property Group;
•advised Lend Lease and prepared due diligence report on the construction element of the acquisition of Central Plaza Buildings 1, 2 and 3 in Brisbane, the largest commercial building sale in Queensland, with building 3 still under construction;
•prepared due diligence report for Macquarie Bank on the construction contracts and claims relating to Cairns and Mackay airports for a potential acquisition;
•drafted standard form steel supply contract for NatSteel Australia;
•advised Queensland Rail (QR) on the business restructure and separation of the below rail business from the above rail business, advising specifically on the accreditation and safety requirements of the new entities in accordance with the varying legislation of the States; and
•assisted Air New Zealand in the preparation of a standard suite of maintenance contracts.