Partner

Michael Loterzo

Michael has over 25 years’ experience in building and construction law, building and engineering contracts, project advice and all forms of dispute resolution including mediation, arbitration, expert determination, security of payment and litigation.

Michael is often sought by clients for strategic advice on the appropriate form of project delivery, risk allocation and advice on the rights and liabilities arising from building and construction documents.

Michael has also been involved in many disputes at senior and executive management level negotiations, mediation, conciliation, arbitration, expert determination and litigation.
Michael has also had extensive experience in security of payment assisting owners, builders and subcontractors with payment claims and payment schedules and has been involved in many adjudication applications and responses.

Michael has been involved in the negotiation and documentation of many significant projects including the Melbourne Exhibition and Convention Centre (PPP), Terminal 4 Melbourne Airport, 567 Collins Street, Victorian Comprehensive Cancer Centre (PPP), AAMI Park, Myer Emporium, MCG Re-development, Eureka Tower and QV complex in Melbourne.

Expertise

Michael’s expertise includes:

  • Preparation and review of construction contracts, issues arising under construction contracts relating to delay claims, variation claims, liquidated damages, latent conditions, defects, programming and scheduling, contract interpretation, termination and dispute resolution.
  • All forms of dispute resolution under construction contracts including mediation, conciliation, expert determination, arbitration and litigation.
  • Security of Payment including payment claims, payment schedules, adjudication applications and adjudication responses.
  • Issues in relation to construction and engineering professionals including designers, architects and engineers.
  • Project advice in relation to contractual entitlements and statutory entitlements under subcontracts, consultancy contracts and construction contracts.
  • Drafting, negotiating and advising on construction contracts, consultancy contracts, tripartite contracts and subcontracts.

Recent projects

  • Acting for the lead architect in the negotiation of the consultancy agreement for the Pride Centre, St Kilda;acting for the Department of Defence in the preparation and negotiation of various construction and consultant contracts.
  • Acting for Ernst & Young in relation to the construction provisions in its fitout contract for its new accommodation requirements in Perth.
  • Acting for the Centuria Retail Fund in the preparation and negotiation of a Minor Works Contract with Chubb for an upgrade in fire services at a regional shopping centre in QLD.
  • Acting for the Builder in relation to the negotiation of the construction contract, negotiation of various key subcontracts and consultant contracts and provision of advice to the project team during the construction of 11 Exhibition Street, Melbourne.
  • Negotiating the building contract and deed of variation on Melbourne Airport’s Terminal 4 and Pier F.
  • Negotiating the joint venture agreement with Canada’s largest construction company, PCL to bid on the new $1.2 billion Victorian Comprehensive Cancer Centre and negotiating the building contract with Plenary Health.

Professional Memberships/ Accreditation & Activities

  • Member of the Law Institute of Victoria
  • Member of the Society of Construction Law Australia

location

Melbourne

Partner

Patrick Thaung