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Linda Holland

Partner

Sydney

Linda is a specialist in construction and strata law. Having practiced exclusively in this area since being admitted as a lawyer in 1999, she has extensive experience in:
  • The negotiation and documentation of projects
  • Advising on strategies during the course of the project to minimise risks and maximise returns.
  • Prosecuting and defending claims arising out of the project, including contractual entitlements, defects in the construction work, or damage caused by the project
  • Prosecuting or defending applications and claims relating to strata issues, including common property repair and maintenance applications, BMC issues and strata management disputes.

Linda has built up a reputation as a highly knowledgeable and respected construction lawyer who understands the issues and challenges faced by stakeholders and others affected by construction projects. She provides clear and practical advice and is adept at identifying strategies to provide the best outcome in the most time- and cost-efficient manner.

With the increase of residential apartment construction in Australia, Linda’s practice has expanded into strata defects and claims. Linda is now recognized as a leading expert in strata claims in New South Wales.

During Linda’s career, she has been at the forefront of several high-profile court matters which have set precedents in the industry. These include claims relating to construction progress payments and security of payment, defects in high rise apartment buildings and combustible cladding issues.

  • +61 2 8035 7884

Memberships, Accreditation and Activities

  • Member and Committee member of the Australian Construction Law Discussion Group
  • Member of the Society of Construction Law, Australia, and Women in Construction
  • Multiple publications in industry journals, including Building and Construction Law, the Building and Construction Law Journal, the Australian Construction Law Newsletter, and the Australian Construction Law Bulletin
  • Regular presenter of seminars and workshops to industry participants and the LegalWise Seminar series.

Expertise

Linda’s expertise includes the following cases.

  • Acted for a NSW Government state authority in claim against the designer and builder of a coal handling plant at a NSW power station. The claim related to the duties and obligations of a principal when taking the work out of a contractor’s hands, including the implementation of the Renard Linda was a key member of the team that litigated this long and complex case
  • Acted for a contractor installing a solar power facility in western NSW. The case involved variation claims as well as misleading and deceptive conduct, and whether the principal was entitled to call on the contractor’s security.  Despite the hotly contested issues, Linda’s exceptional preparation of the case enabled the client to negotiate a satisfactory settlement
  • Acted for a contractor with respect to the construction of an iconic botanical research facility south of Sydney. The claim involved design defects, supply issues and consequent entitlements to extensions of time and adjustments to the contract price. Linda’s attention to detail in the client’s case led to a successful outcome for the client
  • Acted for a builder engaged under a PPP process negotiating the complex contractual arrangements for the revamping of Manchester City Centre (UK) as part of the preparation for hosting the Commonwealth Games. This was a complex project combining modern and historical design concepts against a high-profile background
  • Acted for the owner of a hospital near London UK with respect to the development of essential worker accommodation under a PPP process. This project involved complex issues of property transfers and restricted building options
  • Acted for both the insurer and the owner of an iconic hospitality venue in Sydney with respect to damage caused by a large neighbouring construction project. Linda’s negotiating skills led to a settlement whereby the builder repaired all the damage at its own cost
  • Acted for the builder of a supermarket shell prosecuting contractual entitlements following the discovery of contaminated waste in excavated material. Due to Linda’s skilful strategizing, the builder recovered 100% of the amount claimed.

Recent Matters

  • The Owners – Strata Plan 92450 v. JKN Para 1 Pty Limited & Toplace Pty Limited: Acted for Owners Corporation of large apartment building in successful Supreme Court and Court of Appeal proceedings against builder and developer. Obtained first judgment in New South Wales against builder and developer for breach of statutory warranties under Home Building Act 1989 (NSW) re combustible cladding
  • Fitz Jersey Pty Limited v. Atlas Construction Group Pty Limited (in liquidation) & Ors: Acted for developer in successful Supreme Court proceedings against directors of builder and others re breaches of directors’ duties as a consequence of declaration of dividend following receipt of adjudication determination under Building and Construction Industry Security of Payment Act 1999 (NSW). Precedent authority with respect to duties of directors and how adjudication determinations must be recorded in company accounts
  • Mistrina Pty Limited v. Australian Consulting Engineers Pty Limited: Acted for developer in successful Supreme Court and Court of Appeal proceedings against structural engineer for misleading and deceptive conduct relating to defective structural design of apartment building. Precedent authority that the damages awarded to developer is the loss of opportunity, not just the cost of rectification of the defect
  • Downer EDI Rail Pty Limited & Anor v. John Holland Pty Limited & Ors: Acted for insurer of supplier of water detention system at Auburn Maintenance Centre owned by Rail Corporation of New South Wales. Successfully defended claim against insurer after collapse of water detention system following excavation on neighbouring property.

Memberships, Accreditation & Activities

  • Member and Committee member of the Australian Construction Law Discussion Group
  • Member of the Society of Construction Law, Australia, and Women in Construction
  • Multiple publications in industry journals, including Building and Construction Law, the Building and Construction Law Journal, the Australian Construction Law Newsletter, and the Australian Construction Law Bulletin
  • Regular presenter of seminars and workshops to industry participants and the LegalWise Seminar series.