Dougal West

Clayton Utz
Special Counsel Canberra

Highly experienced construction lawyer advising on a wide range of front and back-end construction and major projects work across the domestic and international construction, engineering, and energy and resources sectors.

Notable Work
  • Assisting Major Projects Canberra with the public private partnership procurement for additional stages and associated civil works for the Canberra Light Rail Project.
  • Assisting Chicago Bridge & Iron and Kent (an international joint venture) in arbitration proceedings (and related proceedings in the Supreme Court and Court of Appeal of Western Australia, and in the High Court of 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.
  • Assisted Citic Pacific Mining Management in acting for a Chinese mining house in regard to several substantial disputes relating to the construction of the $8bn Cape Preston Magnetite Project in Western Australia, including the power station, desalination plant and slurry pipeline. Ongoing advice on contracts and risk management, resolution of mining and construction disputes and preparation of Citic's standard contracting terms.
  • Assisted Forge Group 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.
  • Assisted Endeavour Mining Corporation in an international arbitration seated in Johannesburg to resolve a $100mil USD dispute regarding the construction of a gold processing plant for a project in Burkina Faso.
  • Assisted Atlas Copco/Epiroc with its negotiation for a $100mil research and development contract with Rio Tinto for automation of underground mining vehicles, and umbrella supply agreements. Advised on and assisted in the negotiation of sales contract terms and major supply disputes.
  • Assisted BGC Contracting in regard to several adjudications and negotiations resulting in the recovery of $80mil in regard to construction works performed at Cape Preston. Also assisted in the development of a suite of template contracts for BGC.
  • Assisted Devwest on a number of building and construction projects in Western Australia, including commercial properties, residential apartments and shopping centres, in particular, advice in relation to contracts and risk management, project management issues and resolution of payment disputes.
  • Assisted Thiess in proceedings against China Metallurgical Corporation in regard to a dispute for payment arising out of construction works at the $8bn Cape Preston Magnetite Project.
  • Assisted WA's main regional power provider, Horizon Power, in regard to the construction of the $78mil 18MW Carnarvon Power Station including advising on procurement model issues, various supply contracts and assisting with assessment during the tender process.
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