Areas of Expertise

Mark is a Senior Associate in our building and construction practice. He assists principals, contractors, subcontractors and consultants with project documentation, delivery and administration of a range of construction and development projects.

Recent projects include commercial and industrial base building projects, significant corporate refurbishments and fit outs, data centres for major Australian Banks and an aquatic centre and a library for a local council.

Mark strives to reach agreement on contractual terms that meet his client’s risk appetite, and applies knowledge and experience gained from running his own business to ensure outcomes are not just legally sound, but also match commercial objectives.

Having previously worked as an insolvency accountant, Mark is particularly attuned to the financial consequences of contractual terms dealing with time and cost relief, site risks such as latent conditions, limitations of liability, insurance and security.

Mark regularly assists principals and contractors in the preparation of payment claims, payment schedules, adjudication applications and adjudication responses made under the various state security of payment regimes.

 

Qualifications/Memberships

  • Bachelor of Economics (Accounting)/Bachelor of Laws (Macquarie University)

  • Master of Applied Laws – Commercial Litigation (College of Law)

  • Society of Construction Law Australia 

 

A word from Mark

“When drafting and negotiating construction contracts, I am ever mindful that a successful outcome is the reasonable allocation of risk and certainty as to the respective rights and obligations of the principal and the contractor, all achieved within my client’s risk profile and appropriate to the nature of the project.

This process must be thorough and reasonable but cognizant of the time and cost pressures of building projects generally.”

 

Career highlights

Mark has assisted and advised clients on preparation and negotiation of construction contracts and ancillary documentation and, where necessary project administration, for projects involving:

  • Construction of retail premises for IKEA, Bunnings Warehouse, Masters Home Improvement and ALDI Australia

  • Corporate office fit outs and refurbishment

  • Construction of the Ronald McDonald House at Westmead

  • Construction of purpose built industrial buildings

  • Construction and refurbishment of university facilities

  • Construction of a Mercedes motor vehicle dealership

  • Construction contracts for a library and an aquatic centre for a local council

  • Airline campus redevelopment.

 

Specific areas of focus

  • Drafting and negotiating construct contracts, particularly amended Australian Standard form contracts (AS4000, AS4902, AS4300, AS4901, AS4903, AS2124, and AS4122).

  • Drafting, negotiating and advising on ancillary documents to a construction project such as consultant’s agreements, deeds of novation or assignment, financier’s side deeds, access deeds; design certificates, deeds of novation, deeds of warranty, deeds of release.

  • Assisting main contractors with drafting of subcontracts that are consistent with terms and risk allocation with head contract.

  • Advising principals and contractors on contract interpretation and administration.

  • Preparation and advice in relation to security of payment claims, payment schedules, adjudication applications and adjudication responses.