Areas of Expertise
Practising exclusively in building and construction law, Matthew has a proven track record and expertise representing clients across development projects ranging in size, nature and scope.
Matthew assists developers, owners, contractors/subcontractors, consultants and suppliers. He advises on the establishment of best practice project documentation, risk allocation and project delivery and represents clients in Security of Payment matters, expert determinations, arbitration and in Court/Tribunal litigation.
His expertise has resulted in several successful landmark construction projects throughout Australia, including large-scale infrastructure, education, commercial, residential, health care and aged care projects.
The diversity of Matthew’s skillset, his understanding of the complex technical and legal issues together with a commercial and outcomes-focussed approach allow him to provide an unparalleled perspective for his clients.
Qualifications/Memberships
- Bachelor of Laws (Western Sydney University)
- Member – Society of Construction Law Australia
A word from Matthew
Building and construction is a unique and varied area of law, particularly when practising in both front-end and back-end. It requires a deep understanding of not just the law (which is ever-changing), but also the industry, the project, and each client, in order to obtain successful outcomes.
I particularly enjoy the process of understanding my clients’ businesses and their commercial objectives – I believe this is key to delivering outside-the-box solutions to the often specific and complex problems that they face.
It is also rewarding to work on landmark projects and be part of the delivery of some of Australia’s most iconic buildings, critical infrastructure and projects.
Career highlights
- Acting for one of Australia’s largest builders in multi-party Supreme Court proceedings in successfully resisting the claw-back of in excess of $80million in construction costs by a joint venture partner on two mixed-use projects together with an award of costs. The matter involved a 28 day hearing, various cross-claims and interlocutory applications, including in respect of security for costs, subpoenas and gross sum costs orders.
- Acting for a tier one subcontractor in seeking to recover in excess of $65million from a joint venture party for a multi-billion dollar infrastructure project and in claims relating to variations, extensions of time, delay and disruption. The matter involved various successful adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW).
- Acting for a tier one subcontractor in successfully defending an application by the head contractor to the Supreme Court seeking to set aside an adjudication award for in excess of $13million together with an award of costs. The project was one of Australia’s largest infrastructure projects.
- Acting for the principal in the preparation and negotiation of an early works contract and a design and construct head contract for a high-end residential project in Bellevue Hill. The head contract value exceeded $25million.
- Acting for a national contractor in the successful tender for a landmark community project in Sydney. The head contract value exceeded $12million.
Specific areas of focus
- Preparing and negotiating construction contracts, including head contracts, subcontracts, consultancy agreements and supply agreements
- Preparing and responding to contractual claims and notices, including in respect of delay, disruption, prologation, variations, latent conditions and disputes
- Adjudication applications and responses under the Security of Payment (SOP) legislation in all states throughout Australia
- Alternative dispute resolution and litigation in respect of contractual claims, claims relating to breach of contract, defective works and breaches of the Australian Consumer Law
- Regulatory advice on the SOP legislation, the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) and regulations relating to those pieces of legislation
- Insurance claims, including under professional indemnity, public liability and home warranty insurance policies