Ben Cotter

Special Counsel

Qualifications: LLB (Hons), BComm

Practices

With a grounding in property law and planning law, Ben is proactive in identifying and addressing potential issues before they become problematic. He is pragmatic, concise and to the point.

Ben acts for asset owners, proprietors, developers, contractors and financiers in respect of construction, engineering and infrastructure projects.

His experience includes drafting and negotiating a range of agreements including construction contracts, consultancy agreements, project development agreements and supply contracts (with and without installation). Ben regularly assists clients administer their agreements by drafting and responding to notices and claims.

Ben also advises in relation to disputes and litigation arising from construction projects.

Experience

  • Advising APA in relation to the ‘greenfields’ development of a 60km gas transmission pipeline from Crib Point to Pakenham in Victoria including the preparation and negotiation of a project development agreement and gas transportation agreement with the foundation shipper and the preparation of downstream design, construction and supply contracts.
  • Advising a multinational provider of information and communication technology in relation to engaging contractors and consultants to assist with the rollout of the Australia’s largest 5G network including preparing a ‘Frame Agreement’ which is used to engage contractors and consultants of various disciplines on both general terms and discipline specific terms.
  • Advising a major electricity transmission asset owner in relation to the administration of its construction contract for a new transmission line and subsequently acting for the asset owner in relation security of payment adjudications and the dispute resolution process under the same contract.
  • Advising a major gas and electricity transmission asset owner in relation to a time critical breach of a design, supply, install and commissioning contract by its principal contractor.
  • Acting for a major subcontractor in relation to the negotiation and administration of subcontracts relating to the construction of wind farms throughout Australia.
  • Acting for public health care providers and the owners of private hospitals and healthcare facilities in preparing and negotiating construction contracts and consultancy agreements for the development of hospital and healthcare facilities in Victoria.
  • Acting for listed aged care providers in preparing and negotiating construction contracts for the development and refurbishment of aged care homes throughout Australia.
  • Acting for numerous international investors in relation to all aspects of their residential apartment developments including preparation of standard form contracts of sale, and preparing and negotiating building contracts.
  • Preparing and advising on supply and installation agreements for a multi-national engineering and manufacturing firm.
  • Acting for one of Melbourne’s largest local councils in relation to the outsourcing of its parking services.
  • Acting for a developer in a multi-million dollar dispute with the principal contractor in relation to defective works at a major Victorian logistics and distribution centre.

Latest thinking

Property & Projects | 18 Aug 2020

Certainty for the construction industry: State Critical Infrastructure Projects listed

The Victorian Government has answered one of the burning questions of the construction industry: ‘Is my project a State Critical Infrastructure Project?’