name

Nikki Miller

Partner
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MinterEllison

Melbourne, Australia
    Local Time: Sunday 16:35

Practice Expertise

  • Construction
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Areas of Practice

  • Construction
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WSG Practice Industries

Profile

Having practised as a construction and infrastructure disputes specialist for more than 10 years both in Australia and the United Kingdom, I have been involved in projects across the entire infrastructure and construction space, including transport projects (road, rail and air), power (both renewable and non-renewable), mining infrastructure, commercial and residential buildings, mixed-use developments, desalination, hospitals and correctional facilities.

My initial focus is upon providing strategic advice to clients in respect of formulation of claims and defences and guidance in an effort to avoid and minimise disputes where possible. In circumstances where escalation of disputes is unavoidable I have experience in all forms of construction dispute resolution methods including mediation, dispute avoidance boards, expert determination, arbitration (international and domestic) and litigation. I also have significant experience in security of payment disputes in jurisdictions throughout Australia (both under East-Coast and West-Coast models) and in the United Kingdom.

I am able to easily integrate within project teams and operate alongside client legal teams to ensure cost-effective and client-focussed solutions are delivered.

I have a keen interest in delay and disruption issues and their impact on the completion of projects, and am able to quickly grasp technical construction concepts in order to adeptly deal with the technical aspects of construction disputes.

Career highlights

  • Acting for principals, contractors and sub-contractors involved in large road, rail, health and education infrastructure projects throughout Australia, New Zealand and the United Kingdom being delivered through PPP / PFI models. Familiar with the contractual and legal structures that are utilised to deliver these projects and the linked claim and dispute resolution procedures that are mandated for resolving disputes that arise during the course of such projects.
  • Acting for a contractor in both non-binding expert determination and subsequent arbitration in relation to disputes arising from a multi-billion dollar road project in Sydney.
  • Successfully defending claims made against a principal in respect of berthing facilities at a New South Wales port associated with defective piling works.
  • Acting for a principal in an international arbitration involving disputes associated with one of Europe's largest offshore wind farms.
  • Acting for a landlord in seven-party proceedings in respect of claims arising from the defective design and construction of a warehouse and production plant. Claims related to piling defects, structural concrete defects and asbestos and other contamination issues.
  • Seconded to the $4 billion Victorian Desalination Project, the largest project of its kind in the Southern Hemisphere.

Areas of Practice

  • Construction

Articles

  • Recovering offset liquidated damages under the SOP Act in Victoria

    A recent judicial review has allowed claimants under the SOP Act to recover amounts previously deducted, such as liquidated damages, in subsequent payment claims.

  • Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 41

    Victoria's Court of Appeal has delivered an important judgment on the relationship between the excluded amounts regime and the debt enforcement provisions of the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act).

  • Overcoming renewable energy's challenges in connecting to the grid

    For some time, renewable energy industry participants have faced significant risks in connecting their projects to the grid. A new reform roadmap proposes to help ease these challenges.

  • Payment claims served early no longer valid | MKA Bowen v Carelli Constructions [2019] VSC 436

    This decision marks a change in the legal position in Victoria with respect to the early service of payment claims under the Building and Construction Industry Security of Payment Act 2002 (Vic).

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