Clive Luck
Clayton Utz
Partner
Perth
Clive is experienced, he has an outcome-focused approach to align with our objectives. He’s very strong, he understands the problems very well and listens very well, which means he provides well thought through and thorough advice.
– Chambers, Asia Pacific
Overview
Clive leads the Major Projects and Construction team at Clayton Utz in Perth and is the Head of the firm's Africa Group. His practice focuses on major engineering, infrastructure, energy and resource projects in Australia and abroad. Clive has over 25 years' experience advising on all stages of the construction process from contract documentation to risk management strategies and dispute resolution.
Notable Work
- TransAlta: Advising Canadian energy provider on procurement and delivery of multi-faceted energy transition solutions to BHP across multiple mining asset sites in Western Australia, involving wind, solar and BESS facilities.
- Endeavour Mining Corporation: Long-term adviser to the world's largest sole gold producer listed on the London Stock Exchange, including on constructing Sabodala-Massawa the largest undeveloped open-pit gold project in West Africa with a USD$500 million CAPEX. Also advised on the Lafigue Gold Project in Cote d'Ivoire (CAPEX USD$470 million) and the Ity, Hounde, Karma, Tabakoto, Agbaou and Nzema Gold Projects.
- Chicago Bridge and Iron (now McDermott) and Kentz (now SNC Lavalin): Advising international construction contractors in relation to the AUS$8 billion Mechanical and Electrical Works package on the AUS$80 billion Gorgon LNG Project near Barrow Island in Western Australia, including acting in an international arbitration and related Western Australian Supreme Court and High Court proceedings in Australia.
- Alinta Energy: Advised on various claims and counterclaims associated with delays, design defect and variations arising on its Yandin and Chichester wind-farm projects in Western Australia.
- International mining company: Acted in cross-jurisdictional legal proceedings involving a dispute over mining services provided across multiple assets in Mali, Cote d'Ivoire and Burkina Faso, including High Court proceedings in Mauritius.
- Singaporean Contractor: Acted in an ICC arbitration relating to development of an oil and gas field in India, resulting in the successful recovery of substantial monies by the client.
- International mining company: Acted in confidential international arbitration proceedings in Johannesburg, South Africa, regarding mining defect issues at a gold processing facility in Burkina Faso resulting in a substantial award to the client.
- Tianqi Lithium Corporation: Advised in relation to the development of the AUS$4 billion Kwinana Lithium Plant, the largest and most complex lithium hydroxide plant built in the World.
- Citic Pacific Mining: Advised Citic Pacific Mining Management's construction of China's largest investment in Australia's mining industry including contract drafting, negotiations and resolution of disputes in the $8 billion Cape Preston Magnetite Project; acted in successfully resolving disputes relating to the power station (around $350 million), desalination plant (around $7.5 million), and slurry pipeline.
- Australian Contractor: Representing contractor in a confidential international arbitration in India in relation to a $1.2 billion dispute involving extension of time, delay and variation claims over an oil and gas project.
Insights
Major Projects & Construction 5 Minute Fix 134: contamination notices; security of payment and arbitration wrap-ups; mid-project resets; liquidated damages
15 May 2025 | Article
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Major Projects & Construction 5 Minute Fix 133: Murray Review, cladding, Vic Supplier Code of Conduct
7 Apr 2025 | Article
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Major Projects & Construction 5 Minute Fix 132: Queensland statutory trust accounts; retention moneys; adjudicated debt; arbitral awards against foreign States.
27 Feb 2025 | Article
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Major Projects & Construction 5 Minute Fix No 130: adjudicators and submissions, delays as nuisance, half-truths in land sales, rectification
15 Nov 2024 | Article
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Major Projects & Construction 5 Minute Fix No 129: bifurcated arbitration, security of payment across border, statutory trusts
25 Sep 2024 | Article
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Major Projects & Construction 5 Minute Fix 128: proportionate liability in arbitrations; security of payment, liquidated damages, subcontracting
26 Aug 2024 | Article
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Major Projects & Construction 5 Minute Fix 127: defect rectification, Infrastructure NSW, contract formation
18 Jul 2024 | Article
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Is a payment claim in Western Australia statutory or contractual (and why it matters)
20 Jun 2024 | Article
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Major Projects & Construction 5 Minute Fix 126: overpayments, wasted expenditure, builders' duty of care, anti-slavery
5 Jun 2024 | Article
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Major Projects & Construction 5 Minute Fix 124: security of payment, prior negotiations, interest rate or penalty
20 Mar 2024 | Article
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Conducting mining operations in Africa? Consider the role Mauritius may play in business formation and dispute resolution
16 Feb 2024 | Article
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Major Projects & Construction 5 Minute Fix 123: proportionate liability, bank guarantees, who can receive a payment claim
5 Feb 2024 | Article
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Major projects & construction 5 Minute Fix 122: construction costs escalation, adjudications, access to performance securities, law reforms
20 Dec 2023 | Article
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Major projects & construction 5 Minute Fix 121: contracting out and construction contracts under the ACL, NSW net zero and infrastructure, variations
24 Nov 2023 | Article
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Key issues to consider when negotiating EPC contracts for wind farm projects
27 Oct 2023 | Article
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Major projects & construction 5 Minute Fix 120: completion, adjudicator's reasons, heads of agreement
20 Oct 2023 | Article
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Major Projects & Construction 5 Minute Fix 119: conditional completion certificates, termination rights, refusing payment
20 Sep 2023 | Article
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Major Projects & Construction 5 Minute Fix 118: conditions precedent, insolvency in construction, cladding
4 Aug 2023 | Article
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Major Projects & Construction 5 Minute Fix 117: combustible cladding, price escalation clauses, security of payment
19 Jul 2023 | Article
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Major Projects & Construction 5 Minute Fix 116: proportionate liability and arbitration, expert witnesses, bank guarantees
30 Jun 2023 | Article
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Major Projects & Construction 5 Minute Fix 115: further defects, payment claims and adjudication, quantifying damages
19 May 2023 | Article
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Major Projects & Construction 5 Minute Fix 114: Infrastructure Australia reforms, contractor's duty of care to road users, execution formalities
26 Apr 2023 | Article
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WA's SOPA enhances security of payment rights for specific mining and energy contractors
20 Apr 2023 | Article
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Major Projects & Construction 5 Minute Fix 113: separable portions and practical completion, Qld statutory trust roll-out
30 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 112: payment schedule timeframes, the Design and Building Practitioners Act duty of care
8 Mar 2023 | Article
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Major Projects & Construction 5 Minute Fix 111: Secure Jobs, Better Pay in construction, force majeure, contract repudiation
12 Dec 2022 | Article
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Major Projects & Construction 5 Minute Fix 110: directors' and employees' liability, Domestic Building Contracts Act, proportionate liability regime
17 Nov 2022 | Article
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Major Projects & Construction 5 Minute Fix 109: timing and payment schedules, joint ventures, domestic building legislation, rectification damages
26 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 108: withholding payment, implied terms and High Speed Rail Authority
7 Oct 2022 | Article
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Major Projects & Construction 5 Minute Fix 107: escalation risk, unconditional undertakings, building legislation and standards
16 Sep 2022 | Article
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WA’s security of payment reforms: Preparing your contracts, policies and procedures and education
8 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 106: enforceability of adjudication determinations, releases, Modern Slavery
1 Sep 2022 | Article
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Major Projects & Construction 5 Minute Fix 105: developer's liability for cladding rectification, expert determination, security of payment
18 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 104: ABCC, combustible cladding, step-in notice, WA security of payment
4 Aug 2022 | Article
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Major Projects & Construction 5 Minute Fix 102: building reform and regulation, underestimated renovation costs, WA security of payment
7 Jul 2022 | Article
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Major Projects & Construction 5 Minute Fix 101: duty of care, infrastructure strategy, and when can you be sued for a building action
24 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 100: NSW State Infrastructure Strategy, good faith and other implied terms, builder’s margin in variation claims and expert determinations
9 Jun 2022 | Article
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Major Projects & Construction 5 Minute Fix 99: NSW's statutory duty of care, opposing a statutory demand, and unsuccessful adjudication offsets
26 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 98: NSW Research & Development Roadmap, supply chains, implied licences for home building plans
12 May 2022 | Article
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Major Projects & Construction 5 Minute Fix 97: settlement agreements, liquidated damages, misleading or deceptive conduct
28 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 96: head contractor licensing, easements, recitals in construction contracts
14 Apr 2022 | Article
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Major Projects & Construction 5 Minute Fix 95: Qld trust account rollout; Infrastructure Australia's new roadmap; security of payment
31 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 94: new contract to pay subcontractors directly, post-contract conduct, "cost plus", delayed Practical Completion and final payment
17 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 93: security of payment, stays and COVID-19, security of critical infrastructure reforms
3 Mar 2022 | Article
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Major Projects & Construction 5 Minute Fix 92: electronic document execution, top 5 construction law issues, payment claims
17 Feb 2022 | Article
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Major Projects & Construction 5 Minute Fix 91: Queensland's project trust regime, arbitral awards, liquidated damages, Building Equality Policy
23 Dec 2021 | Article
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Major Projects & Construction 5 Minute Fix 90: subsequent adjudications, price reviews, and duty of care
9 Dec 2021 | Article
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New WA procurement regulations raise the stakes for government suppliers
25 Nov 2021 | Article
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Major Projects & Construction 5 Minute Fix 88: NSW net zero, warranties, combustible cladding litigation, default interest rates
11 Nov 2021 | Article
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Major Projects & Construction 5 Minute Fix 87: net zero in NSW, Market Capacity report, economic stimulus packages, tender costs
28 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 86: arbitration clauses, prevention principle, excluded amounts and liquidated damages
14 Oct 2021 | Article
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Major Projects & Construction 5 Minute Fix 85: cladding in Victoria, WA security of payment, and payment schedules
30 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 84: Australian Infrastructure Plan 2021, bank guarantees, Offshore Electricity Infrastructure Bill
16 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 83: penalties home and abroad, Infrastructure Victoria 30 year strategy, building materials on credit
2 Sep 2021 | Article
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Major Projects & Construction 5 Minute Fix 82: the prevention principle, implied term of good faith, NSW construction pause
19 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 81: UK Building Safety Bill, NSW home building limitation periods, landowner duty of care
5 Aug 2021 | Article
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Major Projects & Construction 5 Minute Fix 80: QBCC licence reform, superintendent dual roles, heads of agreement
22 Jul 2021 | Article
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Major Projects & Construction 5 Minute Fix 79: procurement practices, security of payment, damages for defects
8 Jul 2021 | Article
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Major Projects & Construction 5 Minute Fix 78: cladding and liability, NSW building reforms, QBCC's trust account tool
24 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 77: FIDIC's standard form contracts, penalties, insolvency and adjudication
10 Jun 2021 | Article
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Major Projects & Construction 5 Minute Fix 76: estoppel, security of payment, Lacrosse liability, NSW building reform
27 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 75: arbitration clauses, security of payment, heavy vehicles and Zero Emission Vehicles
13 May 2021 | Article
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Major Projects & Construction 5 Minute Fix 74: security of payment compliance audit, Project Remediate report, and damages
29 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 73: recourse to security, building product safety, and Vic reform
15 Apr 2021 | Article
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Major Projects & Construction 5 Minute Fix 72: security of payment and the prevention principle
1 Apr 2021 | Article
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Major projects & construction 5 Minute Fix 71: joint ventures, security of payment, rectification
18 Mar 2021 | Article
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Major projects & construction 5 Minute Fix 70: Qld trust regime, harmonisation and arbitration
4 Mar 2021 | Article
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The WA Government's move to national consistency on security of payment takes another step with new exposure draft Bill
25 Jun 2020 | Article
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Can a deeming provision render an early payment claim valid? It depends on the jurisdiction!
1 Mar 2018 | Article
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High Court rejects review of SOP Act adjudication determinations for non-jurisdictional error
14 Feb 2018 | Article
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Major decision on set-off and security interests in insolvency may lead to significant contractual change
7 Jun 2017 | Article
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Clayton Utz features prominently among winners at the 2017 Australasian Law Awards
2 Jun 2017 | Media Release
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Don't panic! Probuild overturned, so adjudication determinations under SOP Act will stand despite non-jurisdictional errors of law
3 Jan 2017 | Article
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