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

JONATHAN USHER

JONATHAN USHER, Director 

Professional Qualifications

LL.M. Queensland University of Technology (Construction & Engineering, Energy and Property), 2006

LL.B. Bond University, 1998

Court Admissions

Supreme Court of Queensland, 2003

Supreme Court of New South Wales, 2003

Practice Areas

Commercial Transcations, Mining & Resources, Projects and Finance, Real Estate and Construction

Jonathan specialises in infrastructure and construction projects, property development and structured finance arrangements. Jonathan has advised clients on hotel, residential, commercial, industrial and mixed use developments, roads, gas, and water and power projects.

He has extensive experience in construction and projects law, including drafting and analysis of EPC Contracts, FIDIC Contracts, ECI Contracts, JV Agreements (incorporated and unincorporated) and Australian Standard contracts and other building and civil engineering contracts.

Primarily he has represented government bodies, funds, investors, developers, sponsors and lenders but Jonathan has also acted for consultants, suppliers, contractors and subcontractors.

 

Roads, Rail, Tunnels and Canals

  • Road Construction, F1 track, Yas Island, Abu Dhabi – advising owner on procurement, design and construction for asphalt track repairs.
  • Sub-sea vehicular tunnel, Palm Jebel Ali, Dubai – advice to state owned master developer on tendering and design and build contract for the 1.3km tunnel.
  • Palm Canal, Dubai Waterfront Development – preliminary advice to master developer on consultancy agreements and design and build documentation for the 8km long, 140m wide canal.
  • Rail equipment, Argentina – preliminary advice to supplier of rail equipment in connection with a mining project in Argentina (USD85 million).
  • Road Construction, Uganda – preliminary advice to consortium members on 200km of refurbished road, new road and bridges (USD200 million).
  • Rail freight forwarding facility – Australia – advice to head contractor on pavement construction, claims analysis, mediation and rectification works against suppliers and subcontractors.
  • Townsville Ring Road, Australia – advice to Main Roads on all aspects of the 7km motorway consisting of on/off ramps, bridges and overpasses including procurement and negotiation with Leighton Contractors (value AUD119 million).
  • Bruce Highway Upgrade, Uhlmann Road to Bribie Island Overpass, Australia – advice to Main Roads on all aspects of the 6km project consisting of 6 lanes, bridge construction and widening, overpasses and interchanges (value AUD183 million).
  • Pacific Motorway Transit Project, Gateway Motorway to Daisy Hill, Australia – advice to Main Roads on all aspects of procurement and responsible for preparing documentation for the construction and maintenance of 9.6km upgrade consisting of service roads, transit and bus lanes, bus stations and park and ride facilities, on/off ramps, interchanges and bikeways (value AUD455 million).
  • Townsville Port Access Road, Australia – advising Main Roads 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).

 

Gas, Power and Water

  • 300MW Battery Equipment Storage Systems, Abu Dhabi – general review and commercial and legal advice to owner on supply agreement of equipment for substations (value USD975 million).
  • Gas Turbines, Russia – advising owner on Long Term Service Agreement and International Equipment Sales Agreement (value USD115.6 million).
  • Oil & Gas, Iraq – preliminary advice on EPC contract for related infrastructure works.
  • The Federal Authority for Nuclear Regulation (FANR), Abu Dhabi – preliminary advice to FANR on the consultancy service agreements in connection with the supervision and certification for licensing and training requirements for construction and operation of nuclear power plant.
  • Installation and Calibration of Pressure Gauges, Yas Island, Abu Dhabi – advising on design and construct contract for removal, calibration design, installation and certification of the works.
  • Tarong Coal Fired Power Station, near Burnett River & Nanango, Australia – general review and advice on EPC contract with an international consortium.
  • Proposed construction of Queensland power station, Gladstone, Australia – advising head contractor in relation to the design & construct documentation and overall construction matters.
  • Cogeneration Facility and Biomass Facility, New South Wales, Australia – advising Government Owned Corporation in respect to the proposed sale of assets and the associated contracts and arrangements that relate to the operation of those facilities.
  • Coal Seam Gas Processing Facility, west of Brisbane, Australia – advising Australian Pipeline Trust on commercial agreements with Arrow Energy and Beach Petroleum for build, own and operate of the facility at Tipton West, west of Brisbane (value AUD31 million).
  • Gas Fired Power Station, Mt Isa, Australia – advising Australian Pipeline Trust on preparation and negotiation of project documentation with Xstrata to build, own and maintain the 30MW Xstrata power station.
  • Wastewater Treatment Plant, Australia – advising Cairns City Council on construction documentation for the construction of wastewater facility.

 

Property Development/Construction

  • Corniche public beach, Abu Dhabi – representing the Urban Planning Council on general construction contract administration relating to successfully managing time and cost claims from head contractor, lead designer and development manager.
  • Healthcare Facilities, Abu Dhabi – preliminary advice to Mubadala on framework agreement, bid and construction of various healthcare facilities.
  • Yas Island Marina Circuit, Abu Dhabi – advising Abu Dhabi Motorsport Management on various construction contracts in preparation for 2010 F1.
  • Yas Island Marina & Circuit, Abu Dhabi – advising the Executive Affairs Authority on numerous construction contracts and consultancy agreements for utilities and infrastructure assets and operation and maintenance agreements as part of due diligence in connection with asset transfer (USD2.49 billion).
  • The Wing, Formula 1 Café, Abu Dhabi – advising the Executive Affairs Authority on design and construction documentation and project management agreement for rectification works.
  • Dubai Waterfront – including advice to Nakheel on standard suite of construction contracts and agreements, Canal District Quay Wall and Waterfront City (value USD2 billion).
  • Kuwaiti developments – preliminary advice to contractor on commercial documentation for a variety of projects including flat land subdivision for 1,500 villas, university and reservoirs.
  • Dubawi Island, Dubai – advice to Zabeel on overall construction documentation.
  • Jumeirah Beach Hotel, Dubai – advice to Dubai Holdings on short form contract, project management and design consultancy agreement.
  • Jumeirah Madinat, Dubai – including advice to Dubai Holdings on full design consultancy agreement.
  • Tiara Palm and Village, Dubai – including advice to Zabeel on consultancy service agreements and suite of construction contracts.
  • Tall Tower, Dubai – advice to Nakheel on design and build contract for foundations.
  • Easy Hotels projects, Middle East Region – acting for Nakheel Hotels on framework agreements and contract administration on several design and build hotel projects (USD2 billion).
  • Cairns Harbour Lights, Australia – advising Chapman Group on overall construction documentation, contract administration for the design and construction of mixed use development with Thiess Contractors as contractor (value AUD160 million).
  • Peppers Resorts, Queensland, Australia – advice to developer on procurement and responsible for preparation and negotiation of construction contract with Arrow Contractors.
  • Oxygen, Spring Hill, Australia – advising developer on overall construction matters including contract administration, mediation and defect rectification relating to design and construction of a mixed used development with Watpac (value AUD80 million).
  • Central, Townsville, Australia – including advice to developer on full construction documentation for the redevelopment of the Queensland Rail Yards and the design and construction of a mixed used development with Hutchinson Builders as contractor (value AUD350 million).
  • Itara Riverway, Townsville, Australia – advising developer on full construction documentation for design and construction of mixed used development with Hutchinson Builders as contractor (value AUD150 million).
  • Oceans Mooloolaba, Australia – advice to Juniper on contract administration for the design and construction of mixed use development.
  • Flat land subdivisions, Australia – advising developers on procurement strategy, preparation and negotiation of construction contracts and commercial agreements and contract administration.
  • Queensland Rail Yard Development, Townsville, Australia – advising purchaser and developer on transactional documentation and development structure in connection with developing state owned land.
  • Palazzo Versace Resort and D1, Dubai – advice to Sunland on developments in Dubai, including drafting and negotiating construction management agreements, project management agreements and project marketing agreements in connection with design and construction of mixed used developments.
  • Tourism & Hospitality, Fujairah – review and amendment to Project Development and Implementation Agreement related to hotel, residential and retail projects in UAE.
  • Drafting and negotiating legal documentation and advising on structures for real estate transactions including heads of agreement, put & call option deeds, development agreements, development leases, guarantees and indemnities, purchase contracts, titling and related step-in/multipartite deeds.

 

Finance

  • South Korean financial institution as senior lender on hotel and residential projects in Dubai (value of USD175 million).
  • European based contractor as head design and construct contractor in various property and infrastructure developments in the Middle East region, providing advice on and negotiating bank instruments (EUR200 million).
  • Dubai Real Estate Corporation as proposed equity investor and shareholder for the development of a major hotel in UAE, including review of all project documentation, advice on risk allocation and required revisions for re-allocation of risks and bankability purposes.
  • Grocon as head design and construct contractor and equity investor between ANZ Bank, Royal Bank of Scotland and Juniper in the syndicated financing of a 72 storey mixed used tower, including review, negotiation and drafting of project finance and security documents (value of AUD900 million).
  • Investec Bank as project financier on various residential, commercial and industrial developments.
  • Commonwealth Bank of Australia as project financier on hotel and resort redevelopment and acquisition of major commercial high rise buildings.
  • Sigma Pharmaceuticals Ltd in connection with business finance including guarantee facilities, Trader’s Bills of Sale, Debenture Mortgages, Real Property Mortgages.
  • ING Bank as acquisition and project financier, including preparation and negotiation of all security documentation.
  • ANZ Bank as acquisition and construction financier for various projects.
  • St George in connection with construction financing of mixed use developments.
  • Members Equity in connection with real property acquisition financing.
  • GE in connection with bonds and financing of business and real property acquisitions.
  • Lloyds TSB Bank plc on novel structures such as pre sale securitisation.
  • Hong Kong and Singapore subsidiaries of UK based banks advising on financing of strata and freehold property, including preparation of finance and security documentation for overseas borrowers investing in Australia.

 

Environment

  • Development application and building approval – advice including soil sedimentation and erosion compliance advice.
  • Remediation of Queensland Rail site, Townsville, Australia – advising the developer and responsible parties for the preparation and negotiation of the remediation agreement.
  • Soil Remediation and Recycling – advice to contractor on soil remediation agreement to compliment equipment.

 

Corporate & Commercial

  • Joint venture agreement including shareholder’s agreement for consortium in connection with projects to be undertaken in Afghanistan, including U.S. and NATO military bases and infrastructure.
  • Joint venture agreement between Sunland Group and Emirates Investment Group relating to projects in Dubai.
  • Dubai Real Estate Corporation in connection with acquisition of SPV to undertake a major hotel development in UAE.
  • Share Purchasing Agreement advice on share issue between Honeycombes Property Group Ltd and Valad Property Group Ltd, including a peer review of all related documentation on behalf of the CEO as an individual shareholder.
  • Public Charitable Trust advice to land owner on joint venture agreement with developer, project manager and project marketer for medium density residential developments, including advice on acceptable structure of joint venture to compliment trust and tax exempt status.

 

Jonathan received his Bachelor of Laws in 1998 from Bond University’s School of Law and his Master of Laws (Construction & Engineering, Energy and Property) in 2006 from Queensland University of Technology’s School of Law. Jonathan is a member of the Queensland Law Society and was admitted in 2003 as a legal practitioner to the Supreme Court of Queensland and the Supreme Court of New South Wales.