+61 7 4426 8680 Townsville
+61 7 3087 3463 Brisbane
[email protected]

HARLEY USHER

HARLEY USHER, Senior Associate

 

Professional Qualifications

Practising Certificate: Supreme Court of Queensland, unrestricted legal practice.
Date of Admission: 19 March 2007.

Education

Tertiary Education

Bachelor of Laws (Honors)

University of Queensland (2001-2004).
Honors Class IIA – Grade Point Average (GPA) 5.999/7.

Graduate Diploma of Legal Practice (Overall achievement award) College of Law in association with the Queensland Law Society (2006).

Key Experience

Specialisations

As senior associate in the Construction, Transport and Infrastructure (CTI) Team, Harley specialises in advising on the commercial, construction and real estate aspects of general infrastructure projects, and transport projects (particularly rail and road) including Public Private Partnerships (PPPs). Harley has particular expertise in large scale construction projects.

By way of brief summary, Harley has been involved in advising on the following projects:

Construction

  • Bespoke construction contracts – including advice to principals on various suites of construction contracts.
  • Medium density residential development– advised developer on full construction documentation for design and construction of mixed used development with major Queensland contractor.
  • General construction contract administration advice and management relating to time and cost claims.
  • Advice on defective work claims and drafting and preparing documentation and project management agreement for rectification works.
  • Advice on various claims in connection with construction contracts in regard to, for example, variations, delay and disruption, prolongation and liquidated damages.
  • Hutchinson Builders as contractor for the Central Project, Townsville, including advice on full construction documentation for the redevelopment of the Queensland Rail Yards and the design and construct of a mixed used development (value AUD350 million).
  • Hutchinson Builders as contractor for the Itara Riverway Development, Townsville including full construction documentation for the design and construct of mixed used development (value AUD150 million).
  • Serco in relation to the design and build, agreement for lease and lease of multiple premises for employee accommodation for the USD4.2 billion Dubai Metro (red and green lines) project in Dubai, UAE.
  • Advice on rectification of defective works (minor and major defects) under the contract and statute.
  • Al-Arrab Construction Company as contractor in relation to the design and build of the track and systems on the 444km Makkah-Medina Rail Haramain High-speed Rail Link (value USD6 billion) in Saudi Arabia.
  • Reed Constructions in relation to a suite of pro-contractor Australian Standard construction documentation.
  • Hutchinson Builders in relation to a suite of pro-contractor Australian Standard construction documentation.
  • Hutchinson Builders as contractor in relation to the Morayfield Bulky Goods Centre including contract administration including making variation claims, payment claims and seeking payment from the Principal, numerous enforcement and recovery options such as BCIPA claims and ultimately the drafting and negotiation of a detailed settlement claim which was successful for our client. This process also involved lodging a caveat and taking security over multiple properties by way of mortgage.
  • Advice on procurement strategies, tender packages and contract negotiations.
  • Drafting and advising on standard forms of a variety of building contracts and construction and engineering contracts including construct only, design and construct contracts, sub-contracts, trade contracts, consultancy agreements, project management agreements, construction management contracts, early contractor involvement contracts, supply agreements, purchase order terms and framework agreements.
  • Advice on legal issues in connection with Queensland Building Services Act and Building Code of Australia.
  • Drafting Consultancy Agreements, Supply and Installation Agreements, Subcontracts, amending Australian Standards (AS2124, AS4000, AS4300 and AS4902), suites of Contracts for Principals and Contractors and analysis of tender submissions for Government Departments.
  • Preparation of affidavits, adjudication applications and responses, drafting Statements of Claim and Counterclaim and Defence for construction disputes.

Public Private Partnership (PPP)

  • A consortium consisting of Samsung, United Utilities and Invest AD as preferred bidder for the Muharraq Waste Water Treatment Plant PPP project in Bahrain. Including negotiating the project agreement with the government, drafting the EPC Contract, O&M Contract and associated subcontracts.
  • A consortium (consisting of Hassan Allam and Abu Dhabi Investment Company) on all aspects of its bid in relation to the Alexandria Hospitals PPP in the Arab Republic of Egypt.
  • A consortium (consisting of Babcock & Brown and Abu Dhabi Investment Company) on all aspects of its bid and subsequently as preferred bidder for the USD180 million, Egypt New Public Schools PPP Project for the delivery of 345 schools in the Arab Republic of Egypt; including negotiating project documentation with the Government.
  • HSBC as funder in relation to the USD180 million, Egypt New Public Schools PPP Project for the delivery of 345 schools in the Arab Republic of Egypt; including negotiating the Project Agreement and Direct Agreement with the Government and negotiating the Engineer Procure and Construct (EPC) and Operations & Maintenance (O&M) Subcontracts with the sponsors and contractors.
  • Instrata Capital on the acquisition of a stake in the project company operating the Gulf regions first power plant undertaken on a PPP, Build Operate Transfer (BOT) basis; including advising on the project documentation such as the Power Purchase Agreement (PPA), Off-Take Agreement, O&M Agreement and the impact of the new privatisation laws.
  • The consortium of funders to Veolia Intech on all aspects of its bid in relation to the Arab Republic of Egypt’s second PPP for a Waste Water Treatment Plant in New Cairo, Egypt; including reviewing project documentation and drafting the Direct Agreement in accordance with Government specifications.
  • Consortium (consisting of Bouygues Travaux Publics, Louis Dreyfus Armateurs SAS and Jordan Dubai Capital) on all aspects of its bid and now as preferred bidder for the USD 700 million Aqaba Port PPP project in respect of the design, financing, construction, operation, maintenance and transfer of the new port as well as the operation, maintenance and transfer of the refurbished Middle Port Ferry Terminal Project in Aqaba (Jordan) delivered under a PPP structure; including reviewing and negotiating amendments to the Grain Terminal Off-Take Agreement and the Development & Operations Agreement (DOA).

Transport

  • The Kuwait Government in respect of an advisory services role for the establishment of the Kuwait Metro.
  • Serco as replacement operator and maintainer of the Palm Monorail Project.
  • Serco as preferred bidder in relation to the operation and maintenance of the USD2 billion Al Sufooh Tram project in Dubai, UAE.
  • Serco as preferred bidder in relation to the operation of the USD3.89 billion for the
    Dubai Light Rail Project.
  • Serco as preferred bidder in relation to the operation and maintenance of the Delhi Metro Airport Link (value USD785.2 million) in Delhi, India.
  • An international operations and maintenance provider in relation to the Mecca Metro PPP.
  • The Bouygues/Alstom/Al Rajhi consortium bidding for the Makkah-Medina Rail Haramain High-speed Rail Link (value USD6 billion) Project in the Kingdom of Saudi Arabia.
  • Al Rajhi Investment Group as part of a consortium (consisting of Alstom, SNCF and Al-Arrab Construction Company) as preferred bidder in relation to the 444 kilometre Makkah-Medina Rail Haramain High-speed Rail Link (value USD6 billion) in Saudi Arabia .
  • Marubeni Corporation as contractor on the development of the USD250 million Palm Jumeirah Monorail Project.
  • A consortium (consisting of Price Waterhouse Coopers and Parsons Brinckerhoff) in relation to their bid to provide consultancy services to the Turkish Government in relation to the Upgrade of the Turkish Rail System.
  • Serco as consultant to the Dubai Roads and Traffic Authority in relation to Phase II of the Bus Operation Management Office, Dubai, UAE.
  • ADIC-UBS Infrastructure Investment Company and Mubadala Infrastructure Partners in relation to the Mafraq-Ghweifat Highway PPP Project including advising on the design, construction, refurbishment, operation, maintenance and financing of the motorway section between Mafraq and Ghweifat, UAE.
  • The Department of Main Roads in relation to the Bruce Highway Upgrade, Uhlmann Road to Bribie Island Overpass on all aspects of the 6km project consisting of 6 lanes, bridge construction and widening, overpasses and interchanges (value AUD183 million), including advice on the procurement strategies including project structuring, tender submissions, contract selection, preparation of the invitation to tender documents and drafting the Early Contractor Involvement (ECI) Contract which formed the basis of this project.
  • The Department of Main Roads in relation to the Townsville Port Access Road on the application of construction documentation for the construction of a 10km stretch of road linking Flinders and Bruce Highways with the Port of Townsville (value AUD190 million).

Power and Water

  • Manah IPP advising Instrata Capital on its unsuccessful bid to acquire GDF-Suez’s controlling stake in the Manah power project in Oman.
  • Advising Sumitomo Corp on project Megawatt, its acquisition of a 20 per cent. stake in the Shuweihat S1 power and water plant in Abu Dhabi and a 50 per cent. stake in the associated operating company.
  • Saudi Oger and Mitsui in connection with their bid for the Salalah Independent Power and Water Production (IWPP) (value USD1.5 billion) in Oman.
  • Japan Bank for International Co-operation, Citibank, Mizuho, BTM-UFJ, RBS and SMBC as financiers in connection with the HFO fired power and 1 million m³/d and 1500MW desalination plant and IWPP at Ras Azzour (if constructed the
  • largest desalination plant in the world) in Saudi Arabia (finance package valued at USD4.2 billion).
  • Seqayah Water Technology in relation to the desalination project at King Abdullah Economic City (value USD80 billion) in Saudi Arabia.
  • Al Rhaji Investment Group as contractor in relation to the construction of a water desalination plant in the King Abdullah Economic City Project (Value USD80 billion) in Saudi Arabia implemented on a Build Own Operate (BOO) basis and then transferred into a BOOT (Build Own Operate Transfer) scheme.
  • Seqayah Water Technology in relation to the Al Wasl Waste Water Treatment Plant (WWTP) project in Riyadh, Saudi Arabia.
  • Al Rhaji Investment Group as contractor in relation to the construction of WWTP in the King Abdullah Economic City Project (value USD80 billion) in Saudi Arabia implemented on a BOO basis.

Property Development

  • Idea Network as the master developer in relation to USD30 billion real estate development, the Jeddah Free Trade City, Jeddah (Saudi Arabia). The development site covers 1.83 square kilometres and will be undertaken over a 25 year period. At this stage we are currently advising on the Development Agreement and drafting various Memorandums of Understanding.
  • Tameer/Mada/Al Arrab consortium bidding for the 1 million square metre Al Uqair
    development in the Kingdom of Saudi Arabia.
  • Real Estate and Real Estate Finance
  • Besix Axima in relation to the facility Management Agreement and associated Joint Venture Agreements for the Burj Dubai Tower, Dubai, UAE.
  • A large non-profit organisation in relation a large scale, 2 stage flat land subdivision project, in Townsville including coordinating, drafting and issuing 120 Contracts of Sale and Put and Call Options, drafting of a Project Management Agreement and a Joint Venture Agreement as well as the administration of the construction contract.
  • FKP Limited and Sunland Limited in relation to various property developments, including land subdivisions, drafting sales documentation for flat land residential developments, community title structuring under the Mixed Use Development Act, the Body Corporate and Community Management Act, Property Agent and Motor Dealers Act and the applicability of the managed investment provisions of the Corporations Act.
  • An International Supermarket Chain with regard to the due diligence of over 200 leases throughout New South Wales and Queensland, providing detailed review of current businesses and the associated leases, detailed advice on the Foreign Investment rules and legislation regarding land banking and the set-up of multiple sub- companies which are now involved in property acquisitions, construction finance and development.
  • ISPT Trust in relation to the management of commercial and retail leases in the
    Wintergarden Centre, Brisbane.
  • Mirvac in relation to the Orion Springfield green star shopping centre development including drafting standard documentation for all leases and associated guarantees for the opening of the centre with over 100 tenants.
  • Mirvac in relation to the management of commercial and retail leases in various shopping centres throughout Queensland.
  • Detailed letters of advice to large international companies on commercial issues such as proposals for company structures to lessen the impact of FIRB and FATA, detailed tax advice on land transactions, AFS licensing issues and development proposals.
  • Drafting a proposal for a multi-million dollar Managed Investment Scheme (MIS) which has now been implemented by the client.
  • General property experience includes drafting Mortgages and other security documentation such as Deeds of Priority, Deeds of Accession and Settlement Deeds; Joint Venture Agreements, Commercial and Off the Plan Sales Contracts, Caveats, Easements, Body Corporate and Community Management Statements, Liquor licensing applications, Agency Appointments, Put and Call Option Deeds, Commercial and Retail Leases, Business Sale and Share Sale Agreements.

Custodial

  • Global Solutions Limited in respect of the delivery of educational services at the Al Wathba Prison PPP in Abu Dhabi, UAE, including drafting the service agreements and local agency agreements.
  • Global Solutions Limited in respect of the operation of and delivery of educational services and rehabilitation services at the Mafraq Juvenile Detention Facility project in Abu Dhabi, UAE; including drafting the service agreements and local agency agreements.