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Andrew Hales

Senior Associate
Fax +61.2.9513.2399
Mr. Hales is an experienced construction lawyer advising clients on a range of contentious matters in the construction, infrastructure and energy sectors. His practice focuses on dispute resolution in various jurisdictions, particularly on complex large-scale construction and engineering projects.

Mr. Hales has acted on arbitrations spanning a number of industry sectors under the ACICA, ICC, LCIA and ICSID rules and has appeared in ad hoc arbitration proceedings. He is highly experienced on payment disputes and in adjudication proceedings arising from a wide range of bespoke and standard form construction, design and construct and equipment supply contracts under the applicable legislation in several states and territories of Australia, New Zealand and the United Kingdom.

Mr. Hales also regularly advises on live project issues in order to assist with effective contract management and the avoidance of disputes.

Professional Background

Prior to joining K&L Gates, Mr. Hales worked as a civil litigator and then spent several years at a highly regarded specialist construction law firm in the United Kingdom. He also had a brief seconded role in-house at a large Australian construction contractor.

Professional/Civic Activities

  • Member, Chartered Institute of Arbitrators (MCIArb)
  • Member, Law Society of New South Wales
  • Member, Society of Construction Law Australia
  • Mr. Hales leads the K&L Gates team in providing pro bono advice to litigants for the Justice Connect self-representation service in the Federal Court.
  • Acting for a specialist joinery subcontractor on adjudication and subsequent New South Wales Supreme Court proceedings concerning security of payment issues (J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126).
  • Acting ABB Australia Pty Ltd, a leading power and automation engineering company, in respect of its contract for the provision of equipment for the combined cycle power plant of a major LNG project in Australia. Attendances included preparing two adjudication applications, advising on judicial review proceedings in the Supreme Court and the Court of Appeal of the Northern Territory.
  • Acting for a contractor in English High Court proceedings regarding liability for problems arising from the design of offshore wind turbine generator foundations. Some of the issues included allegations of negligent design, and interpretation of contractual warranties regarding fitness for purpose, design life, service life and errors in an international design standard (MT Højgaard v E.ON [2014] EWHC 1088 (TCC); appealed [2015] EWCA Civ 407).
  • Acting for a contractor in English High Court and Court of Appeal proceedings regarding the interpretation of variation provisions in a bespoke contract for the design, construction and installation of wind turbine generator foundations for an offshore wind farm (MT Højgaard v E.ON [2014] EWCA Civ 710; [2015] BLR 55).
  • Acting for a state-owned entity in ICSID and subsequently two consolidated ICC arbitration proceedings regarding the operation and maintenance of a major crude oil pipeline in the Caspian region.
  • Acting for a state-owned EPC contractor on two ICC arbitrations arising out of the construction of the Baku-Tbilisi-Ceyhan (BTC) Crude Oil Pipeline Project in Turkey.
  • Acting for an EPC contractor on two ICC arbitrations regarding delay and disruption to the construction of power and desalination plants in Dubai and Kuwait.
  • Acting for an EPC contractor on a dispute with its principal regarding construction of a combined heat and power (CHP) station in the UK, including advising on issues concerning commissioning of the gas turbine generators and HRSGs, delay and disruption, extension of time for completion of the works, liquidated damages and latent conditions affecting the design and construction of the hot water pipeline to a nearby LNG facility.
  • Acting for an EPC contractor on disputes arising from the construction of a combined cycle power plant and a desalination plant in Oman.
  • Acting for an Eastern European government ministry on a dispute with the main contractor on railway electrification and improvement works under the FIDIC Yellow Book, including renegotiating the contract to settle the dispute.
  • Drafting claims and subsequently implementing settlement of disputes by redrafting contracts for an EPC contractor on oil and gas projects in Kazakhstan.
  • Acting for a PFI special purpose project company regarding a tripartite adjudication on various issues arising out of the discovery of extensive corrosion in the pipe work of the low temperature hot water system at a health treatment centre.
  • Acting for a local authority on adjudication proceedings regarding a final account dispute with the contractor under a PPC2000 project partnering agreement for the renovation of over 1,000 residential dwellings.
  • Appearing as junior counsel in the Court of Appeal of New Zealand defending a claim against a director of a development company involving allegations of personal liability for negligent building works and breach of fair trading legislation (Body Corporate 202254 v Taylor [2008] NZCA 317; [2009] 2 NZLR 17).