Craig Clements
Senior Associate
"I partner with clients at all stages of projects, and navigate them through the opportunities and risks associated with their involvement."
Craig is a construction & infrastructure lawyer that specialises in advising on all aspects of projects across various sectors, including commercial, industrial, transport, ports, hotels, energy, utilities defence, and residential.
He partners with clients to provide expert, pragmatic legal advice at each stage of the project lifecycle – from inception, to preparing and negotiating tender and contract documentation, through to project delivery, completion and beyond. This approach uniquely places him to advise developers, contractors, consultants, suppliers and third parties (including government agencies) on opportunities and risks associated with their involvement at any stage of a project.
Craig regularly advises on a variety of projects agreements and documentation, including:
- project finance agreements and documentation
- project delivery/development agreements and documentation
- construction and delivery contracts
- public art contracts
- third party/interface agreements
- licence and lease agreements
- operation & maintenance agreements
He also has expertise advising on all forms of dispute resolution (including negotiation, adjudication, expert determination, arbitration and court matters) arising from payment, contractual claims (such as variations, liquidated damages, latent conditions, changes in law, remediation and delay & disruption), defects and insurance claims (including professional indemnity, public liability and class actions).
Craig regularly acts as a project lawyer for clients who need timely advice on project delivery issues and contract administration.
Sydney Metro — acted as in-house counsel for the procurement and delivery of major rail infrastructure projects valued at in excess of $45 billion. Advising on complex project and services procurement, project development and project interfaces, including drafting and negotiating Third Party Interface Agreements, Construction Contracts, Consultancy Agreements, Public Art Contracts, and Utilities Contracts.
An ASX-Listed Global Investment Manager — appointed the project lawyer for various commercial, retail and residential projects ranging from $35 million to $1 billion. Advising on Requests for Tender, Construction Contracts (involving Agreements for Lease, Off-the-Plan Sales Contracts, and finance documentation), Public Art Contracts, contract administration and project delivery issues.
A National Commercial & Industrial Contractor — advised on front-end and dispute projects, including the preparation of a national suite of Major and Minor Works Subcontracts and Consultancy Agreements. Reviewing and negotiating Requests for Tender and Construction Contracts for various prospective projects. Acting on a successful complex multi-million dollar arbitration, involving cross-claims of over $16m.
Cushman & Wakefield — prepared a national suite of construction contracts for the various capacities in which it acts including as Principal’s Agent, Head Contractor and Project Manager. The suite of contracts included Design & Construct and Construct Only Contracts, Subcontracts and Consultancy Agreements. Also advised on construction licensing requirements and delivered educational seminars to its employees.
A Global Renewable Energy Developer — reviewed and advised on the EPC Contracts, O&M Agreements and related documentation to construct several solar plants. Also advising on the establishment of the projects, corporate structure and licensing requirements.
A Global Renewable Energy Contractor — advised on a 30 MWAC solar farm, including Letter of Intent, EPC Contract, Tripartite Deeds of Guarantee, Service and Availability Agreement, development consents and land access issues, applicable international and national standards and codes, Power Purchase Agreements and related subcontractor and supplier agreements.
A Global Renewable Energy Contractor — reviewed and negotiated EPC Contract and O&M Agreement in respect of the development of a turnkey solar project with a minimum installed capacity of 143 MWDC. Also advised on Letter of Intent, development consents, land access agreements, international and national standards and codes including the National Electricity Rules, requirements of the Australian Energy Market Operator (AEMO), and relevant generator performance standards of TransGrid (NSW Electricity Networks Operations).
A Global Supplier of Mounting and Tracking Systems for Solar Projects — advised on various supply agreements on various solar projects and related dispute avoidance.
InvoCare — advised on Requests for Tenders and Construction Contracts for various construction projects in New South Wales.
A NASDAQ-Listed Defence Contractor — acted on a multi-million dollar arbitration in relation to the construction of satellite systems within Australia, involving claims for liquidated damages for delay and damages for breaches of contractual warranties.
Recognition
UDIA — NSW & nbn Legends and Legacy Program — 2023
Committees and memberships
Member, Law Society of New South Wales
Member, Property Council of Australia
Member, Society of Construction Law
Practice Areas
Industries
Building and Construction
Auto
Aviation
Education
Energy & Resources
Entertainment
FMCG
Food Manufacturing
Funeral
Government
Health
Hospitality
Infrastructure
Manufacturing
Professional Services
Property
Property and Commercial Development
Real Estate
Renewables
Retail
Retirement Village
Telecommunications
Waste Management
Qualifications
Master of Construction Law, University of Melbourne (continuing)
Bachelor of Laws (Honours), Monash University
Bachelor of Commerce, Monash University