Stuart Miller

Commercial, retail and leisure

• Acting for The Australian Ballet in respect of protection works, construction risk management and regulatory and compliance matters, including negotiations with Development Victoria and MAPCO regarding the Melbourne Arts Precinct Transformation Project.
• Acting for major developers in mixed-use residential and commercial office developments variously circa $15 million to $40 million.
• Negotiating and drafting on behalf of a principal an Amended AS4000 contract and advising on consultancy retainers for a boutique CBD hotel refurbishment – $18.5 million.
• Acting for a major Australian investment manager in the preparation of contracts for the refurbishment of various commercial asset holdings.
• Acting for a well-regarded property developer in the fit-out of multiple CBD commercial premises.
• Negotiating and drafting on behalf of a contractor an approximately $6 million AS4300 contract for the development, design and construction of a major retailer’s complex in a coastal regional centre.
• Negotiating and drafting on behalf of a Swiss watches retailer, an AS4000 contract for refurbishment of premises near the Adelaide CBD – $4 million.
• Acting for a fourth generation state-based builder in the negotiation and preparation of contracts in the commercial warehousing and large format retail projects.
• Advising a developer of a major CBD hotel as to its claims regarding defective fit out works across bathrooms and common amenity
• Acting for proprietors in various applications concerning allegedly non-compliant building works.

Residential

• Negotiating and drafting on behalf of a principal an AS4902 contract for a townhouse community development – $27 million; AS2124 for that principal’s engagement of a civil works contractor – $2.5 million.
• Negotiating and drafting on behalf of a principal / top tier hotelier AS4904-consultants’ agreements for a $20 million city fringe development.
• Negotiating and drafting on behalf of principals various AS4300 contracts for city fringe and residential developments – $20 million.
• Negotiating and drafting an AS4904 contract and accompanying development management agreement for a principal in relation to the development of 500 residential lots and associated schools.
• Negotiating and drafting on behalf of principals various AS4902 contracts and associated AS4904 consultants’ agreements for a residential development – $10 million – $13 million.
• Negotiating and drafting AS4904 consultant engagements – $16 million inner suburban residential.
• Advising on project documentation for residential modular construction companies.
• Acting for a principal in multiple disputes concerning a $70 million mixed-use residential and retail development with the aggregate quantum of claims in dispute totalling circa $12 million in the Melbourne Fisherman’s bend precinct.
• Acting for a group of seven defendants comprising development and principal entities in Supreme Court litigation relating to a $60 million residential and commercial development.
• Acting for a major Australian contractor prominent in the insurance recovery, commercial and residential insurance spaces across numerous projects, including successful security of payment adjudication awards circa $2 million in relation to a $15 million boutique residential development.
• Advising a principal on a contractor’s claims for extensions of time, delay damages and variations largely focussed on contractual allocation of planning and headworks responsibilities.

Industrial and manufacturing

• • Advising on project structuring including negotiating and drafting AS4902 – with AS4910 for the $25 million development of MHE facilities on behalf of the Australian arm of a German-based global leader in the manufacture of assembly and fastening materials.
• Advising a major national electrical wholesaler and retailer as to its contracting arrangements on an ongoing basis.
• Acting for a major industrial contractor in multiple negotiations for the construction of warehousing facilities.
• Advising an Australian subsidiary of a Japanese multi-national heavy machinery manufacturer in the resolution of subcontractor claims for $12 million, arising from a $18 million subcontract for the construction an industrial plant.
• Acting for an Australian energy industry services subcontractor in the defence of $2 million in claims made by a head contractor in relation to the installation of generator sets at the data centre of a major information technology group.
• Advising a manufacturer of wall and ceiling systems regarding performance claims made by a competitor – performance characteristics relating to noise and structural movement.

Agribusiness & food

• Advising on project structuring including negotiating and drafting ECI LOIs (aggregate ECI value circa $8.7 million) and drafting AS4902 (value circa $60 million) on behalf of the Australian arm of a Dutch agribusiness leader for potato processing and potato storage facilities.
• Advising on project structuring, drafting and negotiating ECI Agreements on behalf of a Queensland-based boutique builder for a circa $20 million mixed use leisure, retail and agricultural (olive groves) precinct on the Victorian peninsula.
• Negotiating and drafting on behalf of a food importing and distribution company AS4300 contracts for cold storage facilities – $20 million.

Structural, civil and process engineering

• Negotiating and preparing civil works contracts on an ongoing basis for a major developer in respect of the subdivision and civil works within greenfield residential developments.
• Negotiating and drafting contracts for a leading ASX-listed structural engineering contractor, including supply and procurement agreements and standard forms for its construction division.
• Negotiating and drafting $16 million aggregate supply agreements for a market leading special purpose pumping equipment manufacturer – counterparties being the chemicals division of a top-tier mining and chemical process contractor and the engineering services division of a top-tier engineering, infrastructure and power services contractor.
• Preparing contract documentation for a combustion processing technology company involved in the design, manufacture and installation of heat transfer and combustion products.
• Advising on proposed contractual arrangements for the engagement of a major craneage contractor on a coastal highway duplication project.
• Advising on a proposed subcontract for a piping services subcontractor contracted to a joint venture for a coal seam gas drilling project.
• Acting for a leading ASX-listed structural engineering contractor in litigation and alternative dispute resolution proceedings against top-tier and mid-tier contractors arising from mixed retail and residential developments and in relation to disputes under a $15 million contract with a major shopping centre developer.

Health, childcare, retirement living and aged care

• Negotiating and drafting on behalf of a subcontractor an AS4906 contract for fit-out works at a medical consultancy – $12 million.
• Advising a contractor regularly engaged in volume insurance claims works on works terms and conditions for a repair and reinstatement project at a NSW regional hospital.
• Advising a mid-market regional builder under an ongoing retainer in respect of contractual negotiation and compliance matters ranging from terms and conditions of trade with suppliers to the negotiation and amendment of an AS4000 suite relating to a senior lifestyle community development.
• Acting for a fourth generation state-based builder in the negotiation and preparation of contracts in the essential services and childcare sectors.
• Acting for a contractor in the defence of Federal Court proceedings arising from the construction of a childcare centre (cost-plus) circa $8 million.
• Acting in Supreme Court proceedings on behalf of proprietors and contractors in respect of the construction and refurbishment of aged care premises.

Practitioner and consultant representation

• Acting in a dispute concerning of one of Australia’s largest private building surveying companies in respect of insurance compliance matters, building surveying certification matters, regulator inquiry and in the defence of claims across townhouse and apartment developments.
• Acting for an architectural firm in Supreme Court proceedings in relation to its retainer by a developer for the design and contract administration of a $40 million mixed-residential and retail CBD development.
• Acting for industry practitioners in respect of insurance compliance matters, appeals to statutory insurers regarding eligibility and other regulatory matters.