image of Dougal WestDougal West

Clayton Utz Special Counsel , Canberra T +61 8 9426 8509 https://www.claytonutz.com

Dougal West has considerable experience advising on contract development and disputes arising from major construction, engineering and resource projects, primarily in Australia and Africa.

He regularly works on substantial arbitration matters (both domestic and international), as well as disputes before the Supreme Court of Western Australia and the Court of Appeal. 

Dougal's legal experience is complemented by his background as a senior policy adviser in the Western Australian Office of Energy and the Office of the Minister for Energy, advising on a wide range of energy-related matters including gas pipeline access and management legislation, and emissions trading scheme development.

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Expertise

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Construction and Major Projects

Chicago Bridge & Iron and Kent Joint Venture (CKJV): Assisted an international joint venture in arbitration proceedings (and related proceedings in the Supreme Court and Court of Appeal of Western Australia) relating to a $500m+ dispute arising out of a disputed quantification of payment under a rates contract, on a multi-billion dollar contract for works in Australia.

ACT Government – Light Rail Project: Assisted the Territory with the public private partnership procurement for additional stages and associated civil works for the Light Rail Project.

Endeavour Mining Corporation: Assisted in an international arbitration seated in Johannesburg to resolve a USD$100 million dispute regarding the construction of a gold processing plant for a project in Burkina Faso. Ongoing advice in relation to multiple disputes and front-end contractual matters relating to EMC's mines throughout West Africa.

Citic Pacific Mining Management: Assisted in acting for Chinese mining house in regard to several substantial disputes relating to the construction of the $8 billion Cape Preston Magnetite Project in Western Australia, including the power station, desalination plant and slurry pipeline. Provides ongoing advice in relation to front-end and back-end contractual and dispute related matters, including preparing and and updating CPMM's suite of bespoke contracts.

Forge Group: Assisting in acting for Receivers Kordamentha in regard to substantial disputes in the Supreme Court of Western Australia and the Court of Appeal regarding five substantial projects with Hamersley Iron in the Pilbara.

Thiess: Assisted Thiess in proceedings against China Metallurgical Corporation in regard to a dispute for payment arising out of construction works at the $8 billion Cape Preston Magnetite Project.  This dispute involved adjudication under the Construction Contracts Act 2004 (WA) and subsequent jurisdictional challenges in the State Administrative Tribunal (MCC Mining (Western Australia) Pty Ltd v Thiess Pty Ltd [2010] WASAT 140) and the Supreme Court of Western Australia.  The matter resolved with an award of $7 million being enforced by Thiess under orders from the Supreme Court – Thiess Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] WASC 80.

Horizon Power: Assisted WA's main regional power provider on the construction of the $78 million 18MW Carnarvon Power Station, including advising on procurement model issues, various supply contracts and assisting with assessment during the tender process.

Australian Contractor: Assisted a joint venture in regard to a dispute arising out of alleged pavement defects on a $92 million package of works in the Kimberley

Devwest: Assisted on a number of building and construction projects in Western Australia, including commercial properties, residential apartments and shopping centres. In particular, Dougal provided advice in relation to contracts and risk management, project management issues and resolution of payment disputes. He also assisted Devwest to adapt AS4902-2000 and other standard form contracts for design and construction to Devwest's needs.

See Construction and Major Projects

International Arbitration

Chicago Bridge & Iron and Kent Joint Venture (CKJV): Assisted an international joint venture in arbitration proceedings (and related proceedings in the Supreme Court and Court of Appeal of Western Australia) relating to a $500m+ dispute arising out of a disputed quantification of payment under a rates contract, on a multi-billion dollar contract for works in Australia.

Endeavour Mining Corporation: Assisted in an international arbitration seated in Johannesburg to resolve a USD$100 million dispute regarding the construction of a gold processing plant for a project in Burkina Faso. Ongoing advice in relation to multiple disputes and front-end contractual matters relating to EMC's mines throughout West Africa.

See International Arbitration

Energy and Resources

Chicago Bridge & Iron and Kent Joint Venture (CKJV): Assisted an international joint venture in arbitration proceedings (and related proceedings in the Supreme Court and Court of Appeal of Western Australia) relating to a $500m+ dispute arising out of a disputed quantification of payment under a rates contract, on a multi-billion dollar contract for works in Australia.

Endeavour Mining Corporation: Assisted in an international arbitration seated in Johannesburg to resolve a USD$100 million dispute regarding the construction of a gold processing plant for a project in Burkina Faso. Ongoing advice in relation to multiple disputes and front-end contractual matters relating to EMC's mines throughout West Africa.

Citic Pacific Mining Management: Assisted in acting for Chinese mining house in regard to several substantial disputes relating to the construction of the $8 billion Cape Preston Magnetite Project in Western Australia, including the power station, desalination plant and slurry pipeline. Provides ongoing advice in relation to front- and back-end contractual and dispute related matters, including preparing and and updating CPMM's suite of bespoke contracts.

Forge Group: Assisting in acting for Receivers Kordamentha in regard to substantial disputes in the Supreme Court of Western Australia and the Court of Appeal regarding five substantial projects with Hamersley Iron in the Pilbara.

Thiess: Assisted Thiess in proceedings against China Metallurgical Corporation in regard to a dispute for payment arising out of construction works at the $8 billion Cape Preston Magnetite Project.  This dispute involved adjudication under the Construction Contracts Act 2004 (WA) and subsequent jurisdictional challenges in the State Administrative Tribunal (MCC Mining (Western Australia) Pty Ltd v Thiess Pty Ltd [2010] WASAT 140) and the Supreme Court of Western Australia. The matter resolved with an award of $7 million being enforced by Thiess under orders from the Supreme Court – Thiess Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] WASC 80.

Atlas Copco: Assisted in regard to a $10 million payment dispute relating to the supply of mining equipment and maintenance services to Apex Gold at the Wiluna Gold Mine in Western Australia. Apex Gold Pty Ltd v Atlas Copco Australia Pty Ltd [2011] WASC 49. Resulted in commercial settlement for the majority of Atlas Copco's claims.

Horizon Power: Assisted WA's main regional power provider on the construction of the $78 million 18MW Carnarvon Power Station, including advising on procurement model issues, various supply contracts and assisting with assessment during the tender process.

Apache Corporation: Assisted in regard to enforcement of orders in Perth pursuant to the Hague Convention of orders made by the District Court of Maryland relating to a dispute arising from the Varanus Island gas explosion.

See Energy and Resources

Knowledge

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