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As a leading construction and major projects lawyer, Joanna Pugsley has advised on a range of construction, social infrastructure, engineering, maintenance and operation agreements in large projects including PPPs, ECIs, Alliance and traditional construction procurement models.

Joanna has particular expertise in advising governments on construction and service procurement and contracts. She has advised governments across Australia on major construction projects. She is well known and highly regarded for her ability to think outside of the square and is often called upon to develop innovative solutions to drive the required outcomes.

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Expertise

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Construction and Major Projects

Alternative procurement models including Early Contractor Involvement, Alliances, Managing Contractor, Collaborative, D&C

Acting for State Governments on numerous hospital, rail and road collaborative contracting construction projects including:

SPIRE Centre at Canberra Hospital (ACT Govt): Advised the ACT Government on the construction of an emergency and peri-operative hospital facility under a two stage ECI model. This is a brownfield project with the new centre being built in the grounds of Canberra Hospital.

Albany Health Campus (Albany Hospital) (WA Govt): Advised the Department of Health (Western Australia) on the design and construction of the Albany Hospital using a two stage ECI model.

Chisholm Road Prison and Youth Justice Centre Redevelopment (Vic Govt): Lead adviser to the Department of Justice and Community Safety (Victoria) on the MC procurement of a new maximum security male prison at Chisholm Road Prison in outer-Geelong and the MC procurement of the Youth Justice Centre Redevelopment in Cherry Creek, which is currently in stage 1 of a two stage process.

Confidential transport infrastructure ECI Project (Cth Govt): Advising on a dual ECI agreement with a D&C contract for a Cth procured brownfields transport project.

Confidential transport infrastructure ECI Project (State Govt): Advising on the development of the delivery model for numerous brownfield transport projects using a program based approach using ECI and collaborative D&C.

City Rail Link (NZ Govt): Advised the NZ government authority on their Alliance and maintenance contract for new metro tunnels and stations.  The project was procured using a competitive TOC process.

To entrench the whole of life solution, Jo developed a unique performance based maintenance model for the project, which entrenched the whole-of-life maintenance solution into the alliance.


PPP projects:

Jo has acted as a key legal adviser to government on PPP projects over 15 years. These include:

Bendigo Hospital Redevelopment (Vic Govt): Lead adviser to the Department of Health (Victoria) on a $630 million greenfield project, which included a new acute hospital, a new mental health inpatient facility and a new integrated cancer centre with a brownfield operating hospital environment.

Ravenhall Prison (Vic Govt): Led the legal team advising the Department of Justice (Victoria) (as it was then) on the first fully outsourced PPP in Victoria. This was also the first prison to be constructed using modular cell construction. Jo advised on all contract structuring, settled the PPP Project Agreement and all project documents, and attended to contract and financial close. Jo continues to advise on contract management issues, including major modifications as they arise.

Cross River Rail (Qld Govt): Part of the team advising the Cross River Rail Delivery Authority in connection with the preparation and negotiation of tender and contract documents for the Cross River Rail project, a new 10.2km rail line through central Brisbane and under the Brisbane River and CBD and four new stations. The project comprises three main delivery packages (a rail, integration and systems alliance, a tunnel and stations PPP, and a European Train Control System Target Cost package).

ACT Light Rail (ACT Govt): Led the legal team advising Capital Metro Authority and the ACT Government on stage 1 of this PPP project involving the design, construction finance and operation of a light rail through Canberra. Jo is also leading the legal team on the negotiations with the operator for the delivery of stage 2 using a collaborative contracting model with the incumbent operator and construction contractor.

ACT Courts Facilities (ACT Govt): Led the legal team advising the ACT Government on this PPP for a courts facility on a brownfield site involving multiple stages of development and completion.

Social Housing Growth Fund (Vic Govt): Lead legal adviser to the Department of Treasury and Finance (Victoria) on their standard form PPP Project Deed and procurement documents.

Jo has advised governments on numerous augmentations and renewals of PPP Projects including: light rail, hospitals and prison facilities and courts.

She has also advised private sector bidders on numerous PPP projects including: the High Capacity Metro Trains (Melbourne), West Stadium and extensions of various social infrastructure PPPs.

See Construction and Major Projects

Government Services

In addition to her construction work Jo has advised governments on the engagement of the private sector to deliver public services including:

  • Recycling and Waste Services (MWRRG)
  • Container Deposit Schemes (NSW Government)
  • Facilities maintenance services contracts for hospitals and prisons and other social infrastructure facilities including the Victorian, Queensland and Commonwealth governments.

See Government Services

Knowledge

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