Jonathan McTigue has experience in acting for both owners and contractors in complex large-scale disputes covering a diverse range of projects including pipeline installations, mining, hydrocarbon extraction, process engineering and power generation facilities, Defence infrastructure procurement and road, rail and social infrastructure.
Jonathan advises clients in the proactive management of their contracts so as to avoid or minimise the incidence of disputes. He assists clients at all stages of projects, from advising on claims management during construction, through to the conduct of formal dispute resolution processes such as litigation, arbitration or expert determination.
With a track record of cost-effective management of the documents and evidence in large disputes, Jonathan focuses on developing and executing strategies that are tailored to achieving our clients' commercial objectives.
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Recognition
- Best Lawyers Australia: voted by peers as one of Australia's Best Lawyers in
- Construction/Infrastructure (2017-2023)
- Litigation (2020-2023)
qualifications
Bachelor or Laws, Monash University (1996)
Bachelor of Arts, Monash University (1996)
admitted to practice
Victoria (1998)
High Court of Australia (1998)
New South Wales (2003)
Expertise
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Construction and Major Projects
Mining, oil & gas facilities and engineering disputes
Acted for Nexus Energy Limited defending a $70 million Federal Court claim brought in contract and under the Trade Practices Act alleging failure to perform a Drilling Rig Contract.
Advised an oil and gas company in relation to issues with a natural gas reservoir including malfunctions of subsea infrastructure, well fluid contamination and disputes over related take-or-pay regimes.
Acted for BW Offshore in Federal Court proceedings claiming in excess of US$50 million for breach of a contract to build an FPSO.
Acted in Supreme Court of Victoria proceedings on behalf of McConnell Dowell seeking extensions of time and variations in relation to a high pressure gas pipeline project that was affected by cyclonic activity.
Acted for a mine owner in a highly-technical expert determination concerning business interruption claims arising out of the breakdown of a bucket-wheel dredger.
Advising mining company and preparing claim responses in relation to extension of time and variation claims in relation to upgraded signalling and network extensions of rail assets.
Acting for EPC contractor in defending liquidated damages claims and pursing variation claims in relation to EPC contract for process engineering plant with two contractors on site.
Acting for an owner in a domestic arbitration defending claims for extensions of time and for the return of liquidated damages arising out of the design and construction of a wind farm.
Building disputes
Acting for Lend Lease in Supreme Court proceedings brought by a subcontractor bringing variation claims.
Acting for Defence (as both a claimant and as a defendant) in relation to disputes arising out of a range of infrastructure procurement projects.
Acting for construction contractor pursuing $50 million in variation claims in respect of civil work and construction of buildings to house process engineering plant.
Social and economic infrastructure PPPs
Advising State Governments on numerous PPP projects for the procurement of road and rail infrastructure, hospitals and prisons and running various negotiations and private dispute resolution processes arising out of those projects.
See Construction and Major Projects
Government Services
Social and economic infrastructure PPPs
Advising State Governments on numerous PPP projects for the procurement of road and rail infrastructure, hospitals and prisons and running various negotiations and private dispute resolution processes arising out of those projects.
See Government Services
Knowledge
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