Craig Clements

Craig Clements

Senior Associate
Phone: +61 2 8915 1033
Mobile: +61 411 828 151

Craig is a construction & infrastructure lawyer that specialises in advising on all aspects of projects across various sectors, including residential, commercial, industrial, transport, ports, hotels, energy, telecommunications, utilities, and defence.

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 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:

  • construction and delivery contracts
  • project finance agreements and documentation
  • project delivery/development agreements and documentation
  • 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), insolvency, 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.

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 Global Developer

acted on a dispute concerning a carrier’s powers under Telecommunications Act 1997 (Cth) and Telecommunications Code of Practice 2021 (Cth) to access land and install low-impact facilities.

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

acted on a successful multi-million dollar arbitration involving a claim a payment and multiple cross-claims for alleged delays and defects in the mounting and tracking systems. Also provided advice on project delivery issues and contract administration.

An International Supplier and Integrator of Automated Warehousing Systems

advised on company and individual licensing in New South Wales and Queensland for the construction and operation of highly specialised automated warehousing systems to be installed at two new distribution centres for one of Australia’s largest supermarket chains.

A Leading Transport Integration Services Provider

acted for a leading transport integration service provider and manufacturer on its first-in-market contracts to transition Sydney’s bus network to a world leading, zero-emission bus network.

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.

A National Commercial & Industrial Contractor

appointed the project lawyer for various large commercial and industrial projects. Advising on preparing a national suite of Major and Minor Works Subcontracts and Consultancy Agreements. reviewing and negotiating Requests for Tender. Construction Contracts and Builder’s Side Deeds, acting on a successful complex multi-million dollar arbitration, involving cross-claims of over $16m, and acting on a successful claims for costs and extensions of time associated with latent hazardous materials in the context of the regulatory framework for the classification of materials and protection of the environment.

A Privately-Owned Multi-Sector Developer

appointed the project lawyer for various commercial, industrial, retail and residential projects ranging from $10 million to $300 million. Advising on Requests for Tender, Construction Contracts (involving Agreements for Lease, Off-the-Plan Sales Contracts, and finance documentation), Development Management Agreements, contract administration and project delivery issues.

A Privately-Owned Residential Developer

appointed the project lawyer for two residential apartment projects valued in excess of $100m. Advising on contract administration and project delivery issues.

A Remedial Contractor

acted on a successful claim for a quantum meruit pursuant to section 94A of Home Building Act 1989 (NSW) due to a failure to obtain Home Building Compensation Fund insurance.

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.

Various individuals and owners corporation

acted for homeowners, owners corporations and contractors in relation to delay and defect claims pursuant to contractual and statutory warranties pursuant to section 18B of Home Building Act 1989 (NSW) and Design and Building Practitioners Act 2020 (NSW), or breaches of statutory duty under section 106 of Strata Schemes Management Act 2015 (NSW).

Lawyers Weekly 30 Under 30 Awards

2023 | Finalist

UDIA

2023 | NSW & nbn Legends and Legacy Program

  • Member, Law Society of New South Wales
  • Member, Property Council of Australia
  • Member, Society of Construction Law
  • Member of the Strata, Community and Building Committee, UDIA
  • Master of Construction Law, University of Melbourne (continuing)
  • Bachelor of Laws (Honours), Monash University
  • Bachelor of Commerce, Monash University

Experience

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 Privately-Owned Multi-Sector Developer
appointed the project lawyer for various commercial, industrial, retail and residential projects ranging from $10 million to $300 million. Advising on Requests for Tender, Construction Contracts (involving Agreements for Lease, Off-the-Plan Sales Contracts, and finance documentation), Development Management Agreements, contract administration and project delivery issues.
A Privately-Owned Residential Developer
appointed the project lawyer for two residential apartment projects valued in excess of $100m. Advising on contract administration and project delivery issues.
A National Commercial & Industrial Contractor
appointed the project lawyer for various large commercial and industrial projects. Advising on preparing a national suite of Major and Minor Works Subcontracts and Consultancy Agreements. reviewing and negotiating Requests for Tender. Construction Contracts and Builder’s Side Deeds, acting on a successful complex multi-million dollar arbitration, involving cross-claims of over $16m, and acting on a successful claims for costs and extensions of time associated with latent hazardous materials in the context of the regulatory framework for the classification of materials and protection of the environment.
A Global Supplier of Mounting and Tracking Systems for Solar Projects
acted on a successful multi-million dollar arbitration involving a claim a payment and multiple cross-claims for alleged delays and defects in the mounting and tracking systems. Also provided advice on project delivery issues and contract administration.
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.
Various individuals and owners corporation
acted for homeowners, owners corporations and contractors in relation to delay and defect claims pursuant to contractual and statutory warranties pursuant to section 18B of Home Building Act 1989 (NSW) and Design and Building Practitioners Act 2020 (NSW), or breaches of statutory duty under section 106 of Strata Schemes Management Act 2015 (NSW).
A Global Developer
acted on a dispute concerning a carrier’s powers under Telecommunications Act 1997 (Cth) and Telecommunications Code of Practice 2021 (Cth) to access land and install low-impact facilities.
A Remedial Contractor
acted on a successful claim for a quantum meruit pursuant to section 94A of Home Building Act 1989 (NSW) due to a failure to obtain Home Building Compensation Fund insurance.
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 Leading Transport Integration Services Provider
acted for a leading transport integration service provider and manufacturer on its first-in-market contracts to transition Sydney’s bus network to a world leading, zero-emission bus network.
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 International Supplier and Integrator of Automated Warehousing Systems
advised on company and individual licensing in New South Wales and Queensland for the construction and operation of highly specialised automated warehousing systems to be installed at two new distribution centres for one of Australia’s largest supermarket chains.

Recognition & Awards

Lawyers Weekly 30 Under 30 Awards

2023 | Finalist

UDIA

2023 | NSW & nbn Legends and Legacy Program

Committees & Memberships

  • Member, Law Society of New South Wales
  • Member, Property Council of Australia
  • Member, Society of Construction Law
  • Member of the Strata, Community and Building Committee, UDIA

Qualifications

  • Master of Construction Law, University of Melbourne (continuing)
  • Bachelor of Laws (Honours), Monash University
  • Bachelor of Commerce, Monash University