image of Graham ReadGraham Read

Clayton Utz Partner , Sydney T +61 2 9353 4885 +61 411 035 993

Graham Read is the National Practice Group Leader of the Construction and Major Projects team and is recognised as one of Australia's leading construction lawyers.

Graham specialises in construction, infrastructure and engineering services projects across all delivery methods. Acting for both public and private sector clients, he has extensive experience in procuring, negotiating and documenting complex contractual arrangements.

His primary sectors of focus extend across the full scope of Commonwealth and State Government project and services procurement as well as defence, aviation, utilities, roads and transport. Graham has presented at numerous seminars and industry events in relation to key issues in construction law and project delivery and is rated in many legal directories as a leading lawyer in infrastructure/construction and government.

Graham brings particular insight and experience through his previous senior legal roles with the NSW Government. Prior to recommencing private practice over 10 years ago, Graham was General Counsel at NSW Treasury Corporation and subsequently NSW Roads and Traffic Authority (now Roads and Maritime Services). During this time Graham played a key role in major public procurement projects from planning and development through to tendering and negotiation, project administration and dispute resolution.

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Construction and Major Projects

Graham has over 20 years' experience in connection with the planning, delivery and execution of major construction and engineering projects.

He has acted for the Department of Defence, Airservices Australia, the Commonwealth Department of Finance, the Australian Nuclear Scientific Technology Organisation, the National Library, Roads and Maritime Services, the Sydney Opera House, Transport for New South Wales and the City of Sydney in connection with landmark projects.

Graham has also acted for a range of significant private sector principals and contractors.

Key projects in which Graham has acted include:

Department of Defence: advising on numerous Head Contract and Managing Contractor Contract projects including recently the $1.6b Facilities to support the Australian Singapore Military Training Initiative.

Department of Defence: acting in connection with soil and water contamination remediation projects nationally.

Commonwealth Department of Finance: advising in connection with the AU$220m Managing Contractor Contract for the delivery of complex national Post Entry Quarantine Facilities. 

Roads and Maritime Services: acting for RMS in connection with key road / rail and other interface agreements including for the Sydney Light Rail, Newcastle Light Rail, Parramatta Light Rail, Sydney Metro Northwest, Sydney Metro City and Southwest as well as other major interface agreements including with ARTC, City of Sydney, Transurban, Department of Defence, Ausgrid, Western Sydney Airport and Sydney Airports Corporation Limited.

Roads and Maritime Services: acting as legal adviser in respect to all aspects of the $400 million M5 West Widening project for over four years, including assisting with the development of the overall project delivery structure, negotiations with Interlink Roads in relation to initial design and development agreements through to the preparation and negotiation of a binding term sheet and comprehensive final project and financing documentation.

Sydney Opera House: acting for the Sydney Opera House in connection with major upgrade and refurbishment works to the Opera Theatre including assisting the Sydney Opera House to structure an Early Contractor Involvement (ECI) arrangement to ensure that key design and buildability issues were addressed from a practical perspective prior to delivery of the works. The ECI arrangement was required to be integrated into the NSW Government's standard form Construction Contract – GC21.

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Government Services

Graham has acted extensively for Commonwealth and State government agencies in connection with the provision of advice in support of major procurements, legislative and policy issues and also contract administration.

Key projects in which Graham has acted include:

Airservices Australia and the Department of Defence: advising on the OneSKY Australia program, a transformative $1.2b replacement of Australia's existing civil and military air traffic control systems with a world-leading, unified and harmonised infrastructure and technology solution that will manage over 11% of global airspace and some of the earth's busiest air routes.

Department of Defence: providing strategic advice to the Department of Defence in connection with its dealings with the US Department of Defense including the negotiation of documentation to facilitate the carrying out of works by US Forces on Australian soil as part of the US Force Posture Initiatives.

NSW Department of State and Regional Development: advising in connection with the staging of the V8 Supercar Race held annually at Sydney Olympic Park including negotiating a detailed concession agreement and working with the NSW Premier's Department to develop project specific legislation.

Roads and Maritime Services: advising in respect of the negotiation and administration of service agreements with the National Heavy Vehicle Regulator in relation to the carrying out of heavy vehicle regulatory functions under the National Heavy Vehicle Law.

Transport for New South Wales: acting in connection with the documentation and negotiation of a three year Operation and Maintenance Agreement with Veolia Transport in relation the Sydney Light Rail and Inner West Extension.

Transport for New South Wales: acting in connection with the documentation, tendering and negotiation of a Property Management Outsourcing Agreement in relation to the portfolio of property owned or leased by TfNSW and other cluster agencies.

Transport for New South Wales: acting in connection with the procurement of an exclusive fast ferry service between Manly and Circular Quay.

See Government Services

Transport and Logistics

Graham's primary areas of focus relate to the aviation and roads sectors. He has provided advice to major aviation clients in relation to their engineering and services contracts as well as key issues and risks in connection with indemnities, limitations and termination provisions.

In the roads sector Graham has worked in connection with some of NSW's most significant road projects including the Cross City Tunnel, M7 and Lane Cove tunnel and most recently the M5 West Widening as well as the Outer Suburban Arterial Roads Program in Victoria. He has advised extensively on the commercial arrangements underpinning electronic tolling including interoperability and tolling services since the initial development of electronic tolling solutions 20 years ago.

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