Frank Bannon
Clayton Utz
Partner
Sydney
Frank is a well-reputed and skilled specialist who is very personable and transparent in his approach. We have confidence that, with Frank, nothing will slip through the net, that we are a valued client and are being given the best service possible.
– Chambers Asia Pacific, Construction
Overview
Market leading back-end construction partner, handling complex, high profile and often multi-jurisdictional disputes relating to major projects, with deep experience in all forms of dispute resolution including litigation, expert determination, and international arbitration.
Notable Work
- Road projects: acting in relation to multiple road projects including WestConnex, Lane Cove Tunnel, Cross-City Tunnel and several sections of the Pacific Highway Upgrade.
- Rolling stock procurements: acting in relation to multiple rolling stock procurements including Outer Suburban Rail Cars, Hunter RailCars, Tangaras, Waratahs, Sydney Growth Trains and Regional Rail.
- Rail projects: acting in in relation to multiple rail projects including Sydney Metro, Epping to Chatswood Rail Link, Chatswood and Parramatta Transport Interchanges.
- Mining and energy projects: acting in relation to several coal, gas, Liquidifed Natural Gas (LNG) and biomass power generation facilities (Sithe, Osborn, AGL, WR Carpenter, Alstom, Integral Energy, Ausgrid, Bechtel).
- Renewable energy disputes: acting in relation claims and disputes concerning wind and solar renewable energy projects including for Siemens in relation to the Bulgana Wind Farm project in Victoria.
- Healthcare project litigation: acting in relation to significant claims and disputes regarding hospital projects including Royal North Hospital, Sutherland Shire Hospital, Burnie Hospital and Newcastle Mater Hospital.
- Water projects: acting in relation to several water projects including the Biosolid Facility at North Head, Water Treatment Plants in South Australia and Victoria and the Replacement Flows Project in NSW.
- Real estate and development disputes: acting in relation to multiple commercial and residential projects, including hotels, offices, airports, universities, shopping centres, mixed use developments.
- Combustible cladding litigation: acting in relation to claims in respect of combustible cladding in relation to residential, commercial, hospitals and universities.
- International arbitrations: acting in relation to international arbitrations including advice, representation, settlement, recognition and enforcement (including in relation to projects and proceedings in Asia, Europe and the USA).
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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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 125: public interest immunity, arbitration agreements, AS4000 and more
2 May 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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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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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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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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NSW Court of Appeal confirms the broad application of the statutory duty of care under the NSW DBP Act
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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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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Mind your business: Application of Victorian Security of Payment Act to contracts for mixed-use developments
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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SOP clarified: meaning of "arrangement" and the risk of claiming payment for work under multiple construction contracts
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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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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"Absolute discretion": express words negate the implied good faith obligation and operation of the prevention principle
1 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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New year, new rules: International arbitration rules updated to reflect new challenges
4 Feb 2021 | Article
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Path cleared for ICSID Award enforcement by investors in Australia
28 May 2020 | Article
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Victorian Supreme Court guidance on “True Rule” of contractual construction and restrains access to performance security
16 Apr 2020 | Article
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NSW Government releases draft Design and Building Practitioners Bill 2019: speak now or forever declare
8 Oct 2019 | Article
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NSW major reform in the building and construction industry: the clock is ticking for comments
15 Jul 2019 | Article
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Media Release: Clayton Utz congratulates Sydney Metro on the opening of Sydney Metro Northwest
4 Jun 2019 | Media Release
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Media Release: Clayton Utz advises on two winning Deals of the Year at IJGlobal Awards - Asia Pacific
10 Apr 2019 | Media Release
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NSW Government agencies must act now to be ready for reviewable procurement decisions
27 Nov 2018 | Article
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Time is running out for owners of buildings with combustible cladding in NSW
5 Sep 2018 | Article
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Higher penalties, more offences proposed for the NSW Security of Payment Act
24 Aug 2018 | Article
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Expert determination clauses – when will they be enforceable to prevent court proceedings?
10 May 2018 | Article
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NSW closer to ban of unsafe building products and rectification orders, with call for submissions
4 Apr 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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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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