Vivian Yu

Vivian is a Senior Associate in Bartier Perry's Commercial Dispute Resolution and Construction team. With more than 15 years' experience in dispute resolution, Vivian advises principals, contractors, developers, local councils and commercial clients on a broad range of building, construction, infrastructure and commercial disputes matters.

Vivian has extensive experience across all stages of a construction dispute, from project delivery and contract administration issues through to adjudication, mediation and litigation. She is recognised for providing practical, commercially focused advice and developing strategies that help clients effectively manage risk and achieve their objectives.

Her focus on building and construction disputes includes in Security of Payment matters, variations claims, extension of time disputes, delay and disruption claims, defects disputes and complex contractual entitlement issues. She also advises clients involved in major infrastructure and development projects on project risk, procurement and dispute avoidance strategies.

In addition to her construction practice, Vivian acts in complex commercial disputes involving contractual, corporate and governance issues. She regularly appears in the Local, District, Supreme and Federal Courts and has significant experience representing clients in adjudications, mediations and other forms of alternative dispute resolution.

Vivian works closely with industry experts, including engineers, quantity surveyors and planners, to assist clients in resolving technically complex disputes and delivering practical commercial outcomes.

 

Qualifications/Memberships

• Bachelor of Laws (Hons) (Australian National University)

• Bachelor of Commerce (Australian National University)

• Law Society of New South Wales

 

A Word from Vivian

I enjoy helping clients navigate challenges that arise during the lifecycle of a project, whether that involves preventing disputes from escalating or achieving a successful outcome if formal proceedings have commenced.

Construction and infrastructure disputes often involve a complex mix of technical, contractual and commercial issues. I take a pragmatic approach, working closely with clients and project stakeholders to develop clear strategies that protect their interests and support their broader commercial objectives.
Building strong relationships and understanding what matters most to each client is at the heart of how I practise. My focus is always on delivering practical advice, clear communication and results-driven solutions.

 

Career Highlights

• Acting for a government agency in a high-value infrastructure dispute involving complex issues of insolvency, competing State and Commonwealth legislation, planning law and voluntary planning agreements, resulting in a favourable resolution for the client.

• Significant expertise in Security of Payment matters, including adjudications, enforcement proceedings and judicial review proceedings, with experience successfully acting for an applicant seeking judicial review of a high-value adjudication determination.

• Advising on disputes arising from major infrastructure, development and capital works projects, including complex contractual, payment, delay, variation and project delivery issues.

 

Specific areas of focus

• Building & construction disputes: Advising and acting in disputes arising from project delivery, contract administration, contractual entitlements, defects, variations and project risk allocation.

• Security of Payment: Acting for principals and contractors in payment disputes, adjudication applications and responses, enforcement proceedings and appeal litigation.

• Major projects & infrastructure: Advising clients involved in infrastructure, development and capital works projects on contractual risk, project delivery and dispute resolution.

• Local Government: Advising local councils in relation to construction disputes, governance issues, regulatory matters and administrative law proceedings.

• Alternative Dispute Resolution: Representing clients in mediations, adjudications and negotiated dispute resolution processes to achieve timely and cost-effective outcomes.