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Marjorie Miller

Senior Associate
+61.3.9205.2086
Fax +61.2.9513.2399
Ms. Miller has nearly 10 years’ experience as a lawyer working on a variety of large, complex construction and infrastructure projects and transactions in Australia. She also has more than 15 years' prior experience as a commercial manager in the building and infrastructure industries.

Professional Background

Prior to working with K&L Gates, Ms. Miller worked for a number of major contractors both in Australia and overseas gaining experience and providing advice in relation to a large number of commercial construction projects and government infrastructure projects of significant value including PPPs.
Ms. Miller has also worked with bid and project teams on a number of complex projects including government bids, most recently with Transport NSW in relation to the Sydney Metro Central Station project.

Professional/Civic Activities

  • Law Institute of Victoria member
  • Australian Corporate Lawyers Association member
  • National Association of Women in Construction member 
  • Seasonal teaching at Housing Industry Association, Victoria, Legal unit, 2011 to 2013
  • Seasonal teaching at Swinburne TAFE, Diploma of Technology, 1992 to 1997

Speaking Engagements

  • "Building Disputes and the Home Building Act Seminar", Legalwise, 9 November 2018
Experience gained prior to joining K&L Gates includes:

PPPs
  • The Victorian Comprehensive Cancer Centre PPP project for the Victorian State Government.
  • Negotiations with State Department of Health and Plenary Health on Victorian Comprehensive Cancer Centre PPP construction contract in relation to terms of various amending and settlement deeds.
  • Negotiation of consultant agreements including with lead design consultants to the Victorian Comprehensive Cancer Centre PPP Negotiation of building construction and infrastructure subcontracts to AUD85 million value, including drafting amendments, special conditions and head contract pass-throughs.
Property
  • The Central Barangaroo retail, office and residential development project, for the Barangaroo Development Authority.
  • The Ribbon hotel Sydney
    • 5 Martin Place Sydney for Dexus;
    • 150 Collins Street Melbourne for GPT and Westpac; and
    • Emporium department store Melbourne for Colonial (now Vicinity).
  • In-house legal lead in relation to a Grocon development and construction project Central Barangaroo, Sydney, including negotiations with the Barangaroo Development Authority and other stakeholders including joint developers Aqualand and Scentre Group, in closing out the development agreement, the agreement between Grocon and Aqualand, and various side deeds including financier’s side deeds and a number of construction contracts (including early works contracts) and consultancy agreements.
  • In house legal lead in relation to a Grocon development and construction project The Ribbon hotel project, Sydney, including negotiations with financiers and other stakeholders (including SHFA) in closing out the construction contract and various side deeds including financier’s side deeds, as well as negotiations with the hotel operator and other stakeholders in relation to closing out the hotel operation deed.
Road and Rail
  • Road and rail projects including as a national commercial manager with Downer EDI.
  • Participation in commercial discussions with construction alliance partners on New South Wales rail construction projects (including Leightons) and Victorian rail contracts.
Other
  • Management of large and small value SOPA claims in the New South Wales and Victorian jurisdictions.
  • Representation of clients before tribunals including VCAT and NCAT and the Victorian Building Appeals Board on building and related matters.
  • Preparing responses to adjudication applications under the SOPA regime in Victorian and New South Wales jurisdictions.
  • Responsibility for Downer EDI Works property damage and personal injury portfolio for claims to AUD1 million, including engagement of external legal counsel.
  • In house legal lead on construction contract review for tenders and negotiations including drafting proposed departures, contract negotiations with developers and other stakeholders, drafting Grocon board papers, tender schedules and reports on legal risk: residential towers for private developers in Queensland, New South Wales and Victoria, including 1 Denison Street North Sydney, 130 Hyde Park Sydney; various Defence and RAAF projects including RAAF Edinburgh SA; public buildings in Queensland including the Carrara Sports Precinct (Qld Govt), maintenance project at Parklands Commonwealth Games Village Gold Coast; Adelaide Oval Redevelopment; Chadstone redevelopment projects; Reserve Bank (Cwlth Govt); Royal Randwick Spectator Precinct Redevelopment, and others.
  • Negotiations in land remediation matters with potential purchasers for Downer EDI Works, including engagement of specialist environmental consultants and external legal counsel.
  • Drafting consultant agreements, deeds of confidentiality, deeds of settlement etc.
  • Management of large, complex contractual claims under construction contracts (including extension of time), insurance claims under policies for contract works (to AUD12 million) and professional indemnity (to AUD10 million), including management and co-ordination of project teams and insurance professionals in response to complex claims, obtaining expert advice and senior counsel advice, and generally mitigating the contractor’s legal position in respect of claims and potential claims.
  • Management of large monetary value disputes to AUD12 million under complex projects, including obtaining the necessary expert and legal advice, preparing and co-ordinating submissions.
  • Management of contractor insolvency in Queensland, including protection of Grocon’s legal interests whilst arranging payments to subcontractors.
  • Legal lead in relation to settlement agreements with developers in relation to landmark projects.
  • Management of litigation in relation to building defects claims over AUD1 million in Victorian and New South Wales jurisdictions in the Supreme Court.
  • Negotiation of subcontract claims and disputes, management of defaulting subcontractors including termination of subcontracts and recovery under bank guarantees.
  • Commercial and risk review of infrastructure projects for bid submissions on government infrastructure projects (generally amended Australian Standards).