Leigh Hall

Anthony Day(Construction)

EXPERTISE

Anthony has 20 years specialist construction expertise, advising clients on contracts and procurement, engineering, construction and dispute resolution for property development, infrastructure, health, public private partnerships, rail, ports, energy and mining projects in the Middle East and Australia.

He routinely advises clients on their construction, consultancy and procurement agreements (pre-contract, negotiation, post-contract) and claims to ensure the protection of company interests and prevention of legal exposure in various business transactions. He has worked both in private practice and inhouse, advised governments and private developers, and this experience ensures he understands the business as well as the legal and regulatory context in which he advises clients. He provides practical legal advice with his drafting and negotiation to ensure management is aware of their legal rights and obligations in all construction and consultancy arrangements.

Representative Experience

Oman:

  • Drafted tender documents for the Ministry of National Economy, Oman for the ports of Ash Shuwaymiyah, Dibba and Lima for consultancy services for the techno-economic feasibility study, designs, operation and management studies and construction supervision for development of port, ferry terminal and marina;
  • Drafting and negotiation of ferry services operations agreement for National Ferries Company SAOC, Oman, with Forde Reederei Seetouristick GMBH for five high speed ferries;
  • Drafting and negotiation of ferry services maintenance agreement for National Ferries Company SAOC, Oman, with Austral Ships Pty Ltd for five high speed ferries and two high speed rescue boats for the Oman Police;
  • Drafted joint venture agreement for National Ferries Company SAOC, Oman for the operation and maintenance appointment of Austral Ships and Reederei Seetouristick GMBH;
  • Drafting Duqm consultancy agreement for the Ministry of National Economy, Oman with Antwerp Port Authority for the operation of the Duqm port which is to include a quay wall for general cargo and container usage, as well as room for liquid exports and bulk imports, and related industrial area which will include the designation of an area therein as a free-trade zone;
  • Reviewing, negotiating and drafting project agreement for Ministry of Finance and Oman Dry Dock Company for the design, construction, operation and maintenance of staff housing consisting of 250 apartments, 94 villas, recreational facilities and associated infrastructure at the Duqm Port, Oman.
  • Acting for the National Ferries Company (and Ministry of National Economy) in regard to selecting bidder and negotiating contract for project management consultancy services for the delivery of 6 ports for the fast ferries, Oman;
  • Drafting and reviewing project documents for an independent power and desalination project in Oman, including the request for proposals, power and water purchase agreement, project founders' agreement, natural gas sales agreement, electrical connection agreement, water connection agreement and usufruct agreement.
  • Acting for Ministry of National Economy, Oman in negotiating and drafting contract with Fugro for bathymetric and geophysical survey for fast ferry facilities for the mainland to Maseirah Island channel;
  • Acting for the Ministry of National Economy in drafting agreement for consultancy services for technical study for developing a fast ferry terminal in Al Habalyn and Khor Najid Area, and road connect to Khasab Port, Oman.
  • Acting for Khayal Development on the integrated tourism complex with the Ministry of Tourism, Oman for the implementation, planning, design, development, financing, marketing, sale, leasing, utilisation, management, maintenance and operation for the purpose of the creation, development, and operation of the residential and tourist complexes, hotels, marinas and related facilities; and
  • Providing advice to Sohar Industrial Port Company in regard to all aspects of the operation of the Port of Sohar including but not limited to tenant sub usufruct issues, marine services and damages issues and the project finance for the special marine infrastructure including a jetty, dredging, approach trestle, access road and corridor and exclusivity issues under the master stevedoring agreement.

Other Gulf:

  • Advising Qatar Rail on the $38b Qatar Rail project.
  • Drafting, review, and negotiation of various construction-related contracts for $8bn Msheireb Properties development including the 6 main phase construction contracts and consultancy agreements .
  • Advising Msheireb Properties on construction documentation aspects of various other projects including Education City Golf Course and villas, Zulal Destination Spa, Medical Street and Labour accommodation for 10,000 workers.
  • Advising Msheireb Properties on compliance to all relevant safety, quality and environmental management policies, procedures and controls across its operations to guarantee employee safety, legislative compliance, delivery of high quality products/services and a responsible environmental attitude.
  • Advising Grimshaw Architects and negotiating their contracts for the New Doha Airport (including 8 sub-consultant agreements, Al Farjan Playgrounds, New Doha Airport Phase II and the Qatar National Pavilion in Rio, Brazil.
  • Acting for sub contractor Bahrain company in successful road dispute arbitration on 42km highway project.
  • Advising Al Habtoor Leighton on litigation matters on Qatar Dubai tower project.
  • Advising UDC on contractual matters relating to their sub-developer agreements on the Qatar Pearl project.
  • Seconded to client specialist rail team to assist in the preparation of their bid as part of a consortium for extensive regional Metro Study.
  • Acted for the master developer (Nakheel/Macquarie Bank JV) in relation to drafting the concession agreement together with schedules and the design build operate contract and providing overall construction advice in regard to the sewerage treatment plants and networks for Jumeira Golf Estates and International City, Dubai.

Education:

  • 2005 - 2008Grad Dip in Applied Corporate Governance (Governance Australia, VIC Australia)
  • 2002 - 2006Master of Commercial Law (University of Melbourne, VIC Australia)
  • 1996 - 1998Bachelor of Laws (Bond University, QLD Australia)
  • 1992 - 1995Bachelor of Building (Deakin University, VIC Australia)