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Jeanie Elliott has broad experience in civil and commercial advisory work and dispute resolution with a particular interest in the areas of construction, engineering infrastructure and energy law. She was formerly (from 1997 to 2002) a partner in the London firm of Fenwick Elliott, a specialist practice which is consistently rated as one of the top construction law firms in the UK. In South Australia, she was a partner with Johnson Winter & Slattery, and convenor of its Construction Practice Group before Fenwick Elliott Grace was formed at the beginning of 2006.
Jeanie has substantial specialist experience advising on a wide range of projects, from assisting with procurement and contract drafting at the outset, to giving troubleshooting advice during construction, through to facilitating cost effective dispute resolution. Because of the breadth and depth of her experience in her specialist fields, Jeanie is able to provide the full range of services to all participants in the construction process, including principals, developers, professional consultants, insurers, main contractors, sub-contractors and suppliers, in relation to bespoke contract documentation and all of the major standard form contracts and procurement methods.
Principal areas of practice
Construction & Engineering, Infrastructure, Dispute Resolution, Energy and Resources.
Bachelor of Laws
Bachelor of Arts
TeCSA (Technology & Construction Court Solicitor’s Association) accredited Adjudicator
Practitioner in South Australia (2003)
Solicitor of the Supreme Court of England and Wales (1991)
Barrister and Solicitor of the New Zealand High Court (1988)
Architectural Practice Board of South Australia – January 2011 – December 2014
Contracts Committee – Master Builders Association SA Chapter
Joint Adjudicator Nominating Authority (JANA) accredited adjudicator
Alliancing Association of Australasia – member of committee formed to draft reference model project alliancing agreement
Society of Construction Law
Technology & Construction Court Solicitor’s Association
Relevant professional experience
- Super Schools PPP – acting for the joint venture D&C contractor parties in one of the bidding consortia to assist with negotiation and preparation of the consortium bid including:
- intensive negotiation with consortium proponent and its lawyers to influence bid submission on legal and commercial risks in the project agreement to ensure that risk was manageable for the contractor parties;
- advising in relation to the project agreement, D&C contract, facilities management contract, independent certifier deed, process and probity deed, and associated direct warranty deeds with government and financier;
- working closely and negotiating with consortium proponent in the development of a D&C terms sheet and interface terms sheet establishing principles as between Plenary and the joint contractors and FM parties for the future D&C contract and interface deed.
- Adelaide Desalination Plant – advising the constructor party for the D&C alliance in relation to project documentation including the project D&C contract, construction alliance agreement, interface deed, novation agreements, and assisting with negotiations in relation to the proposed construction alliance and the issues that arose in light of an alliance arrangement operating under a lump sum head contract.
- Oceana Gold – drafting and negotiating turnkey construction, consultancy, major equipment supply and mining contracts for mining projects in the Philippines and NZ.
- SESA pipeline project – reviewing, drafting and negotiating contract documentation including separate contracts for supply and installation of the pipeline and construction of the main facilities for the project.
- Acting for a South Australian University drafting a suite of standard contract documentation for procurement of major and minor building works and supply of goods and services and providing advice, documentation and assistance with negotiations in relation to specific projects.
- Acting for 2 major aged care providers including:
- advising in bid for design, construction, management and operation of a residential aged care facility with lease to Sutherland Hospital, Sydney, including drafting D&C contracts back to back with Project Agreement;
- drafting and negotiating D&C and construct only and ECI contracts, consultancy agreements, novation agreements and tripartite agreements on for a number of aged care facilities and providing trouble-shooting advice during construction.
- Decommissioning of Port Stanvac Oil Refinery – drafted contract documentation and provided advice during project
- Department of Finance and Administration, Federal Government – advising in relation to disputes arising during construction of the Commonwealth Law Courts building in Adelaide
- Acting for the D&C Contractor party in relation to the design and construction of a business park involving reviewing, drafting and negotiations with the developer on a range of documentation including tripartite deed, novation deeds for consultants and principal entity, and financier’s independent certifier’s appointment deed.
- Acting for a major rail operator – drafting, negotiating and reviewing a wide range of contracts including rail works EPC contracts, rail haulage agreements, major equipment supply and rollingstock leasing and maintenance agreements. A number of these agreements comprise works/services worth hundreds of millions of dollars.
- Advising in relation to the construction of a new terminal at airports in Perth and Jersey, Channel Islands.
- Advising a glider fabrication company in relation to its bid for supplier of gliders to Australian Defence Force.
- Acting for D&C Contractor party in tender for and construction of the new SA State Aquatic Centre and GP Plus facility including drafting ECI and D&C contract documentation and consultants agreements and assisting with negotiations.
- Providing ongoing contract review and trouble-shooting advice in relation to a variety of projects, including the Sydney Opera House western foyers refurbishment and the Chatswood transport interchange to a manufacturer and installer of GRC components.
- Advising developers and contractors on a wide range of projects on issues arising during construction of residential, retail, hotel and office developments.
- Drafting and negotiating a contract for remediation of a contaminated site to a standard suitable for a retirement village development project and advising on disputes arising during the project.
- Advising the Superintendent in relation to certification issues arising at a project on Christmas Island for construction of a migrant processing centre.
- Advising on defence management and lump sum contracts at tender stage and during construction
- Assisting a consortium in the preparation of a bid for the design, construction, operation and maintenance contracts, on a modified alliance basis, for the provision of a waste water network for a local council in New South Wales.
- advising in relation to as proponent/promoter for the consortium and operator in relation to a DBO project for a water reclamation plant in Ballarat.
- Origin Energy (as Principal) – preparing and negotiating EPC bid and contract documentation for the construction and maintenance of a wind farm at Troubridge in SA including interviewing tenderers and reviewing bids.
- Trans-Territory Pipeline Project – advising the successful consortium in relation to the Development Agreement and the EPC pass through issues for this project.
- South East Australia Gas Pty Limited – acting for the SEA Gas joint venture in relation to the construction of a 670km high pressure gas transmission pipeline from Victoria to Adelaide and advising on day to day issues arising during the construction of the project including:
- advising on the Contractor’s claims for extensions of time and additional cost;
- assisting the SEA Gas Representative in formulating and documenting his determinations on the project;
- advising on the interpretation and practical operation of turnkey agreements for the design, engineering, procurement, construction, testing and commissioning of the entire pipeline system; and
- drafting amendments to the pipeline and compressor station turnkey contracts.
- Worsley Cogeneration Plant Expansion Project (WA) – acting for one of the principals in the tender process.
- Bulwer Island Refinery power station project (Qld) – advising on disputes in connection with an energy services agreement, a major equipment supply agreement, an operating agreement, and an LTSA.
- Origin Energy (as Contractor) – preparation of its bid for the construction of a CNG facility at a bus depot in Brisbane and maintenance services contracts for depots at Fremantle and Perth.
- Reviewing and redrafting the suite of contract documentation used for procurement of major and minor works at Osborne Power Station, SA.
Publications and presentations
- Lecturer for the Contracts Management Course, Master Builders Association of South Australia – 2003 to date.
- Law Society of South Australia Construction Law Conference – 2009 and 2012
- Tonkins Tender Management Roadshow 2012 – “Minimising Legal Risk”
- IES Conferences 2006 – 2010 – “Project Delivery Through Alliance Contracting”.
- MBA Contracts and Insurance Seminar Series – Subcontractors and Commercial Contractors Sessions.
- Contributor of legal columns to SA Builder magazine
- UK – Contributor of regular case law round up to the Network of Independent Commercial Consultants (NICC) Quarterly Business Review
- UK- Presented various papers at the Custom Electronic Design and Installation Association (CEDIA UK) Annual Conferences and acted as legal adviser to that association.
- UK – Regular Contributor of case reports to Construction Industry Law Letter (CILL)
- UK – Editorial Advisory Board for Sweet & Maxwell’s Construction Law Service (1999 to 2002)
- ‘The Court Appointed Expert’ – Lawyer Magazine
- Contributor to Building Contract Litigation, and Building Contract Disputes: Practice and Precedents by Robert Fenwick Elliott.