Jeanie Elliott
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.
Qualifications
Bachelor of Laws
Bachelor of Arts
TeCSA (Technology & Construction Court Solicitor’s Association) accredited Adjudicator
Admissions
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)
Organisations
Contracts Committee - Master Builders Association SA Chapter
Marketing, Membership & Events Committee - Property Council of Australia (SA Division)
Technology & Construction Court Solicitor’s Association
Relevant professional experience
- Built Environs/Badge – assisting in the consortium bid for the SA Super Schools PPP
- Genesee & Wyoming - advising on, drafting and negotiating various rail industry contracts
- Advising the Superintendent in relation to certification issues arising at a project on Christmas Island for construction of a migrant processing centre
- Amity Group - drafting and negotiating design and construct documentation for a number of aged care facilities
- Advising in relation to a dispute involving a uranium mining project
- Candetti Constructions – acting in relation to issues arising during the reconstruction of Mitcham Shopping Centre, and numerous other projects.
- Tagara - Advising on procurement and drafting contract documentation for construction of a warehouse and office development
- Advising one of the tenderers for consultancy services in relation to the Adelaide University's building projects
- Schiavello – advising in relation to procurement and construction issues, drafting and negotiating contract documentation
- Trans Territory Pipeline Project - assisting one of the tenderers in the preparation of its bid
- 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
- 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 a joint venture developer on issues arising during construction of a residential development
- Drafting and negotiating a contract for remediation of a contaminated site to a standard suitable for a retirement village development project
- Reviewing and redrafting the suite of contract documentation used at Osborne Power Station
- South Australian hotel and residential development - reviewed and negotiated contract documentation
- Department of Finance and Administration, Federal Government - advising in relation to disputes arising during construction of the Commonwealth Law Courts building in Adelaide
- 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;
- Worsley Cogeneration Plant Expansion Project (WA) – acting for one of the principals in the tender process
- United Water – advising on disputes arising out of the design, construction, operation and maintenance of a waste water treatment network in Wellington, NZ
- Origin Energy - preparing and negotiating EPC contract documentation for the construction and maintenance of a wind farm
- 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 including:
- advising on the Contractor’s claims for extensions of time and additional cost
- advising on 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 and Maintenance Services Agreements - Assisting a consortium including United Water in the preparation of a bid for the design, construction, operation and maintenance contracts, on an alliance basis, for the provision of a waste water network for a local council in New South Wales
- Origin Energy – preparation of its bid for the construction of a CNG facility at a bus depot in Brisbane
- Barossa Valley winery expansion project - advising on procurement and drafting contract documentation
- United Water – acting in relation to a bid for the design and construction of a water pipeline in NZ
- Sudan Oil Pipeline Project - acting for an Argentinean EPC contractor in respect of disputes against the owner consortium arising during the construction and commissioning of a pumping station and SCADA system for 1500km oil pipeline and a marine terminal in Sudan. The EPC contracts were under Sudanese law with some Canadian (Alberta) and Italian law issues and a Paris ICC arbitration with English procedural law
- Kvaerner Energy Limited - acting in arbitration and High Court proceedings in respect of a combined cycle power station at Runcorn, England and in Dutch attachment proceedings in respect of a project in China
- Acting for the thermal insulation subcontractor against Rolls Royce Engineering in disputes involving 4 different UK combined cycle power station sites.
- Knightsbridge Green - Acting for the developer on a residential development in Knightsbridge London, providing pre-construction procurement and contract advice and drafting management contracts, subcontracts and consultants appointments.
- The Great Eastern Hotel Redevelopment Project - acting for fit-out contractor, providing both pre-contract and project trouble-shooting advice and in a range of disputes on projects including the refurbishment of Smithfield Market in the City of London and the Terence Conran/Wyndham Great Eastern Hotel redevelopment project at Liverpool Street Railway Station. This work led to a subsequent instruction to act for the Hotel against the Construction Manager, Laing, in a series of disputes relating to a substantial cost and time overrun
- Norwich Union - acting for Norwich Union as institutional developer against Schal International Limited in a complex £100 million dispute involving a shopping centre which was one of the earliest UK projects to be built using construction management. The case involved an ADR process which took place over the course of a year and, at the time, the largest court action ever seen in England’s specialist construction court
- Acting for a large water company Principal in adjudication proceedings arising out of the refurbishment of its head office
- Advising on contract documentation for the construction of a new terminal at Jersey International Airport
- Farnborough Hospital PFI project - advising a substructure and superstructure subcontractor through all phases of their involvement with the PFI procurement of Farnborough Hospital in Kent, UK (£120m)
- Jersey Electricity - acting for the contracting division of Jersey Electricity in arbitration proceedings in respect of claims for extension of time and associated loss and expense arising out of the construction of a leisure centre
- Kier Group - acting in High Court proceedings involving 14 defendants in respect of a Co-operative Bank bullion centre which suffered from problems of water ingress and other defects
- Acting for a groundworks, substructure and superstructure subcontractor in respect of a large defects claim on a project for the construction of a London surgical college (1997)
Publications and presentations
- Lecturer for the Contracts Management Course, Master Builders Association of South Australia.
- IES Conferences 2006 - 2008 – "Alliancing 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.