James Kendal

Practice Areas

James advises on projects and undertakings across major infrastructure projects, government procurement and commercial projects around Australia in a broad range of industries, including aviation and airports, transport, government, statutory corporations and construction. He brings a deep understanding of Commonwealth, State and Territory rules and policies relating to procurements and commercial construction contracting.

James brings unique insights into many commercial, policy, regulatory, financial and technical issues faced by government and the private sector in complex transactions, and he excels at taking complex technical issues and applying them to the client’s strategic and commercial objectives.

Work Highlights

ACT Government, ACT Light Rail Stage 1: Advising the ACT Government on the $1bn PPP project involving the design, construction finance and operation of a light rail through Canberra. James has advised on the Stage 1 project since 2014, including providing legal input into the development of commercial principles for Stage 1 contract, preparation of RFP and contractual documentation, the interaction of Commonwealth and Territory approvals strategies and integration of technical requirements. James also advised the Territory in relation to contract issues and claims throughout the delivery of the Stage 1 project, which was delivered on time and under budget.

Major Projects Canberra, Canberra Theatre Expansion: James led the team advising MPC on the procurement of an architecture, design and technical advisory consultant for this iconic city building project, including advising through contract negotiations, drafting special conditions of contract and aligning the services specification with the head contract. James is currently advising MPC on its approach to procuring delivery contractors to undertake construction.

Major Projects Canberra, Light Rail Stage 2 Technical Advisor: Advising on the Territory's procurement for a design and technical advisor for the Light Rail Stage 2 Project, including drafting a bespoke amendments to a client template to ensure project specific risks were addressed, advising during tender evaluation and through contract close.

Director of National Parks (Cth), Ian Potter National Conservatory and National Seed Bank:- James led the team advising on the tender for a contractor to undertake construction for the developments at the Australian National Botanical Gardens. This included preparing all RFT documentation, advising on the contract model and preparing bespoke D&C contracts for release to the market that addressed the unique elements of the project and covered the operational features for working within the Australian National Botanical Gardens. James also advised the Director through procurement and negotiations, working closely with the DNP team and architect.

Major Projects Canberra - City to Woden Light Rail: Advising Major Projects Canberra on a complex range of legal and technical matters, including in relation to augmenting a light rail within an existing PPP concession arrangement, planning and land tenure approvals and arrangements that apply to the proposed multi-stage Civic to Woden project through the Parliamentary triangle, including on how these impact proposed delivery models and contracting structures. James has advised MPC on developing an appropriate contracting framework to both undertake early design works and develop a project proposal, contracts for early works and then main contracts to ultimately deliver this extension to the light rail network.

Victorian Community Safety Building Authority, Hopkins Prison Infill Expansion: Advising through a complex tender evaluation and contract negotiation process for the procurement of a D&C contractor to undertake an expansion of the facility.

Transport for NSW: Acted for Transport for NSW on various major infrastructure projects on and around Sydney Airport, including the Sydney Gateway Project, Airport East upgrade and Mascot Tunnel refurbishment. James was a key part of the team in advising TfNSW on a land procurement strategy and drafting and negotiating interface agreements and land acquisition documents to address the development and long-term asset management with key stakeholders, including Sydney Airport and the Commonwealth.

Second Sydney Airport: Acting for the Commonwealth in relation its first right of refusal negotiations with Sydney Airport Corporation on the development and operation of a new airport in Western Sydney, including advising on commercial, regulatory and strategic issues, preparing all relevant project contractual documentation, developing a legislative and regulatory approach and advising in project negotiations. This engagement included advising the Commonwealth on the establishment of WSA Co for the purposes of developing the Western Sydney Airport

Major Projects Canberra, CIT Woden Campus: Advised on contract delivery models and drafting the two-phase D&C contract for this education project. James advised the Territory throughout the procurement and was the lead legal adviser during contract negotiations.

Industry Sector Expertise

Government

Infrastructure

Logistics and supply chain

Corporate/ M&A

Corporate Governance

Major Projects and Construction