David McElveney

Full Profile

David has led construction practices in both Australia and the Middle East focusing on large-scale infrastructure projects and international construction disputes. He was instrumental in establishing Clyde & Co’s projects and construction practice in Australia upon his return from the Middle East in 2014. David has a wealth of experience acting for all project participants across a range of sectors - providing advice from project inception, through delivery and in the resolution of claims and disputes.

He is consistently named as a leading lawyer in the major legal directories. David regularly presents at industry seminars in Australia, Asia, Europe and the Middle East.

Experience

Disputes

• Landmark Cases - (Supreme Court, Federal Court and Court of Appeal) - Acting for successful parties in a number of high-profile Australian construction and engineering disputes, including some which have become leading authorities on issues such as delay entitlements and the role of the project certifier (Peninsula Balmain -v- Abigroup Contractors), the right to appeal from an arbitral award (Warley -v- ADCO Constructions),the proper conduct of an Expert Determination process (Triarno -v- Triden Contractors) and the interpretation of “consequential loss” in exclusion of liability clauses (GEC Alstom -v-Sunshine Council).
• LNG Project – Acting for the main EPC contractor in relation to onshore facilities for one of the world's largest LNG projects. David's work involves providing strategic advice and input in relation to multiple claims and disputes, including international arbitration proceedings.
• Shopping Centre Project  (Security of Payments Act and Supreme Court claims) -  Acting for a contractor in disputes relating to the construction of a multi-staged shopping centre development where the contractor’s claims related to prolongation, variations and unpaid contract sum. The value of claims exceeded AUD 100 million. The disputes involved a successful multi-million dollar Security of Payment Adjudication claim and subsequent Supreme Court proceedings.
• Dubai  Development  (International Arbitration) - Acting for a Middle East contractor in relation to USD 300 million DIAC arbitration against a Dubai developer in respect of a hotel, commercial and residential development. The case involved a claim for wrongful termination arising out of alleged delays.
• Transport Infrastructure Project (International Arbitration) - Acting for a government entity in the defence of a USD 4 billion claim in respect of a significant transport infrastructure project. The claim involved an international arbitration.
• Desalination Plant - Acting for the JV EPC contractor in relation to potential disputes with subcontractors and with the principal in relation to the design and construction of a desalination plant located in Victoria.

Transactional

• National Facilities Outsourcing - Acting for a large property management and construction company as primary service provider to the Department of Defence in its outsourcing of facilities management, construction and consultancy services for  Defence properties and facilities throughout Australia, including preparing a range of project documents.
• 1 Bligh Street, Sydney – Acting for the contractor in relation to the negotiation and finalisation of the Design & Construct Contract for the 1 Bligh Street Project in Sydney which was Sydney's first 6 Star Green Star high rise building.
• Top Ryde City Shopping Centre - Acting for the developer of the AUD 800 million Top Ryde Shopping Centre in Sydney including preparation of the project documentation incorporating a 2-stage contract strategy.
• Middle East Road PPP Project - Acting for an Australian O&M contractor in relation to its bid as part of a consortium for the Mafraq-Ghweifat Highway PPP Project, from the UAE to Saudi Arabia.
• National Distribution Centres - Acting for over 15 years for a major listed Australian retailer in relation to the preparation of construction contracts on a range of projects including the construction of its corporate headquarters in north western Sydney and the AUD 1.2 billion roll-out of its logistics and distribution centres throughout Australia.
• Liberty Grove – Acting for the developer of a residential-lifestyle project (now gazetted as a Sydney suburb) set upon 15 hectares of remediated industrial land. The legal work was carried out over a number of years from master planning to completion and involved the preparation and negotiation of the full range of project documents.