Anne Davis

Clayton Utz
Special Counsel Sydney

Anne has over 15 years' experience specialising in construction law, in particular the procurement of complex infrastructure assets, often as part of wider schemes involving multiple concessions, modes and interfaces.

Anne's main focus is advising on all aspects of the procurement and delivery of major projects: drafting tender documentation and contracts, advising on contract strategy and forms, assisting with probity and the evaluation of tenders, negotiating with bidders, and advising on contract administration.

The types of projects Anne has advised on is wide, including water, transport (rail, road, port, airport, pedestrian, cycling), energy and property development (including commercial, residential and industrial projects).

Notable Work
  • Sydney Metro City & South West, Transport for NSW: Anne advised in relation to the design and construction packages and the line-wide and system components (overhead wiring, track, high voltage power and the two maintenance facilities) of TfNSW's Sydney Metro City & South West project. Acting as lead lawyer on the line-wide procurement team, Anne was responsible for drafting key elements of the incentivised target cost contract, which is imminently due for release as part of a competitive tender process.
  • Sydney Trains: Anne advises Sydney Trains on a wide range of one off and recurrent projects for the operation and maintenance of Sydney Trains' assets. These projects include for the maintenance of low voltage assets, testing and tagging services, waste management services and the Mount Victoria Area Remodelling (including signalling).
  • RailCorp Outer Suburban Cars (OSCAR) Arbitration: Anne acted for RailCorp in preparing submissions for this expedited arbitration in relation to claims for the delivery of the OSCAR train carriages. Anne's experience on contentious matters ensures she has a deep  understanding of key mechanisms and push points in construction and infrastructure contracts.
  • WestConnex Stage 1a (M4 Widening), CPB Contractors Pty Ltd: Anne was the lead legal adviser for CPB (formerly Leighton Contractors Pty Ltd) on the expression of interest, successful tender and contractual close for the WCX M4 Widening Project in Sydney, the first stage in the largest and most complex motorway project in Australia.
  • WestConnex M4-M5 Link, Sydney Motorway Corporation Pty Limited: Anne is acting for SMC in relation to WestConnex M4-M5 Link, the third stage of Australia's largest integrated motorway project. Anne's involvement included advising in relation to governance, early works involvement, tendering and contract delivery, tolling, operations and maintenance and probity.
  • Pacific Highway Upgrade, CPB Contractors Pty Ltd: Anne was lead legal adviser and negotiator for the tenders as part of NSW major road projects, including the procurement and delivery of sections of the Pacific Highway upgrade in northern NSW.
  • Enfield Intermodal Logistics Centre, Sydney Ports Corporation: Legal adviser to Sydney Ports in the procurement of the Early Contractor Involvement Contract for Enfield Intermodal Logistics Centre, a key component of the upgrade of Port Botany in Sydney. Anne also advised on various related Sydney Ports contracts as part of this major infrastructure redevelopment, including for the truck marshalling area, the heritage pillar water tank project and Banksia Street pedestrian bridge.
  • Eden Port Redevelopment, NSW Department of Industry, Skills and Regional Development: Anne advised in relation to the procurement process for the $44 million upgrade of Eden Wharf, on the NSW south coast to provide cruise liner capability and associated improved breakwater management as well as a regional tourist attraction.
  • Murrumbidgee Sustainable Water Projects, Murrumbidgee Irrigation Corporation: Anne was the legal and probity adviser on the Murrumbidgee Irrigation modernisation projects. These projects, which replace open channels and dams with pipes and on-farm storage regulated and monitored by digital telemetry systems, are funded by grants as part of the Commonwealth Government's sustainability and water savings initiatives.
  • Commercial Developments
  • Stockland Development Pty Ltd: Anne has acted for Stockland on a wide range of projects (ie. commercial, residential and industrial projects), advising on contract form, preparing tender documentation and negotiating with contractors to contract close. In addition, Anne was seconded to Stockland on three occasions in which she advised across all areas of the in-house construction law function.
  • Kellyville Residential Development, Boill Pty Ltd (Australian subsidiary of a large Chinese developer): Anne advised on all aspects of the tendering, contracting and delivery of Boill’s substantial residential developments (200+ apartments) in the Sydney metropolitan region.
  • Retford Park Estate Development, Fairfax: Anne acted for Fairfax in relation to the civil works and residential development packages of substantial pieces of land being part of the historic Retford Park Estate in Bowral.
  • Student Accommodation Development, Australian Catholic University: Key legal adviser to the Australian Catholic University in the preparation of a suite of contracts, tenders and the delivery of ACU’s $1 billion student residential accommodation projects in Sydney, Melbourne and Brisbane.
  • One30 Hyde Park, Ecove Developments Pty Ltd: Anne was the legal adviser to Ecove for a 38-storey luxury residential development at 130 Elizabeth Street, Sydney, opposite Hyde Park. The project required the demolition of existing substantial buildings, earthworks and design and construction including an interface with Museum Railway Station. Anne's rail infrastructure experience contributed to early negotiations with TfNSW in relation to the interface agreement.  
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