Josh Marchant - Thomson Geer

Josh Marchant

Listed in Best Lawyers since 2016

Josh has extensive experience practising in the area of construction and major projects.

He has advised on a wide variety of infrastructure developments in the areas of transport, hospitals, schools, energy and utilities, residential, and government.

Josh’s areas of expertise include advising on risk mitigation strategies for project delivery, acting on behalf of parties in dispute, construction, engineering and infrastructure, commercial law (including contract, acquisitions, public/private partnerships), drafting and negotiating construction and related contracts, and Public Private Partnerships (PPP) / Private Financing Initiatives (PFI).

Josh acts for many blue chip clients in the construction and infrastructure industry, and is committed to delivering real and commercial value in this highly complex and competitive sector.

Josh regularly delivers papers and seminars in relevant areas including guest lecturing in both the Melbourne and Monash University construction law subjects.

Relevant Experience

  • Acted for McConnell Dowell Constructors in an ICC international arbitration arising out of the construction of a gas transmission pipeline in Tasmania. Arbitration conducted in Paris. Claim was successful including client’s entitlement to costs on an indemnity basis.
  • Acted for a CB+I arising out of its role in the Murrin Murrin Nickel Cobalt Mind and Processing Plant (located in remote Western Australia). Provided advice in the defence of allegations of defective design concerning a specialised heavy engineering component of the works.
  • Acting on behalf of the principal CSR Sugar (now Sucrogen a subsidiary of Wilmar International) in a Supreme Court action in relation to the upgrade and construction of a new sugar refinery. Providing advice in relation to defective design and construction of the refinery, late completion, termination of the
  • Contract and the preparation and assessment of claims and in relation to matters arising under the Security of Payment Legislation in Victoria.
  • Acting on behalf of a European contractor engaged to manufacture and build bulk materials handling and transporting equipment for the Abbot Point Coal Terminal in far North Queensland, in relation to numerous matters (both upstream and downstream) including for payment under the Security of Payment Legislation in Queensland.
  • Acted for a Contractor providing structural contracting services to the Sino Iron Project at Cape Preston in North Western Australia in relation to numerous matters arising under the Security of Payment Legislation in Western Australia.
  • Advising a contractor in relation to disputes arising out of the design and construction of a significant water treatment plant in Melbourne.
  • Acting for a dredging contractor in a Supreme Court action in Western Australia claiming payment on a quantum meruit basis for dredging works undertaken at the Cocos Islands in the Indian Ocean including claims under the Trade Practices Act 1958 (Cth).

Additional Information

Recent Experience — Advising on the drafting and negotiation of EPC and related documents for a number of energy projects (for both principal and contractors), including utility scale solar power stations, wind farms, gas pipelines, gas refineries, and gas fired power stations.
  • Acting for parties bidding for D&C/EPC Contracts or O&M Agreements in the context of a number of PPP projects including Peninsular Link (Victoria), New Royal Adelaide Hospital and Adelaide Desalination Plant (SA), and Gold Coast Light Rail (Queensland).
  • Acting for principal CSR Sugar (now Wilmar International) in a Supreme Court action in relation to the upgrade and construction of a new sugar refinery. Providing advice in relation to defective design and construction of the refinery, late completion, termination of the Contract, and the preparation and assessment of claims in relation to matters arising under the Security of Payment Legislation in Victoria.
  • Office Location

    Level 39, Rialto South Tower
    525 Collins Street
    Melbourne, VIC 3000
    Australia


    Practice Areas

    Construction/Infrastructure Law