Josh Marchant has extensive experience practising in the area of construction and major projects.
He has advised on a wide variety of infrastructure developments in the areas of transport, hospitals, schools, sports facilities and stadia, energy and utilities, residential, and government.
Josh’s areas of expertise include advising on risk mitigation strategies for project delivery, acting on behalf of parties in dispute, construction, engineering and infrastructure, commercial law (including contract, acquisitions, public/private partnerships), drafting and negotiating construction and related contracts, and Public Private Partnerships (PPP) / Private Financing Initiatives (PFI).
Josh acts for many blue chip clients in the construction and infrastructure industry, and is committed to delivering real and commercial value in this highly complex and competitive sector.
Josh regularly delivers papers and seminars in relevant areas including guest lecturing in both the Melbourne and Monash University construction law subjects.
Josh has been recognised by his peers as one of the Best Lawyers in Australia in the areas of Construction & Infrastructure Law (2016 – 2022) and Alternative Dispute Resolution (2021 – 2022), and by Legal 500 Asia-Pacific as a recommended lawyer (2017 – 2019) in the area of Construction within Australia. He has also been acknowledged by Doyle’s Guide as a recommended lawyer in Victoria in Construction (2013, 2015 – 2016); Construction & Infrastructure Litigation (2017 – 2021); and Front End Construction & Infrastructure (2017).
Josh Marchant’s recent experience includes:
- Advising on the drafting and negotiation of EPC and related documents for a number of energy projects (for both principal and contractors), including utility scale solar power stations, wind farms, gas pipelines, gas refineries, and gas fired power stations.
- Acting for parties bidding for D&C/EPC Contracts or O&M Agreements in the context of a number of PPP projects including Peninsular Link (Victoria), New Royal Adelaide Hospital and Adelaide Desalination Plant (SA), and Gold Coast Light Rail (Queensland).
- Acting for principal CSR Sugar (now Wilmar International) in a Supreme Court action in relation to the upgrade and construction of a new sugar refinery. Providing advice in relation to defective design and construction of the refinery, late completion, termination of the Contract, and the preparation and assessment of claims in relation to matters arising under the Security of Payment Legislation in Victoria.
- Advised a contractor on its bid for the construction of the new Members and Ponsford Stands of the MCG. This involved review of the D&C Contract put forward by the MCG Trust and negotiating qualifications and departures. The proposed contract contained complex staging provisions to accommodate the Melbourne Commonwealth Games.