Andrew Kelly
Partner
akelly@tglaw.com.au
+61 7 3338 7550
+61 421 852 048
vCard
Brisbane
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Areas of Expertise

Construction & Infrastructure, Litigation & Dispute Resolution, Major Projects, Transport & Logistics

Andrew Kelly has more than 20 years’ experience in construction and engineering matters, both in Australia and in the United Kingdom, and advises principals, contractors, sub-contractors, engineers, architects, and other consultants.

Andrew leads a pre-eminent team of construction lawyers in Queensland who are regarded as leading advisers to the industry, particularly in relation to the adjudication process under the Building Industry Fairness (Security of Payment) Act 2017 (QLD).

Andrew is recognised as one of Queensland's top construction lawyers

What others say

"Ranked Band 4, Construction"
Chambers Guide Asia Pacific 2014-2024
"Recognised Lawyer, Construction"
Legal 500 Asia Pacific 2017-2021
"Leading Lawyer - Construction & Infrastructure, Australia"
Doyles Guide 2023
"Recommended, Infrastructure Projects and Construction"
Legal 500 Asia Pacific 2024

Experience

Significant projects

Large scale LNG projects in Queensland, Roy Hill Expansion, Wheatstone, Gold Coast Light Rail – stages 1 and 2, Wiggins Island Coal Export Terminal, Gorgon Project, Brisbane International Airport Expansion.

Arbitration

Advised on International Chamber of Commerce arbitrations involving international parties on LNG projects, Gladstone.

Contract drafting and documentation

Advised on significant contract drafting and documentation work including Central Queensland coal project, Broken Hill nickel plant, LNG related projects, road rehabilitation projects, water and pipeline projects, and office and residential developments.

Adjudications

Acted on large infrastructure related adjudications under Security of Payment legislation ranging from A$1 million to $80 million in Queensland, New South Wales, Victoria, South Australia, Northern Territory, and Western Australia.
Related INSIGHts

What's new?

View all INSIGHTs
Read

Misleading and deceptive conduct trumps claimant's entitlement to payment

A recent decision confirms that misleading and deceptive conduct can be successfully advanced as a defence to an application for summary judgment made under the New South Wales Building and Construction Industry Security of Payment Act 1999.
Construction
21/6/2023
Read

Uncertain construction contract leads to void adjudication determination

Thomson Geer's construction and infrastructure team has successfully acted for Queensland construction company GCB Constructions Pty Ltd (GCB) in a Supreme Court of Queensland proceeding involving an application to have an adjudicator's decision purportedly made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) declared void.
Construction
14/4/2023
Read

Changes to the Project Trust Account framework in 2023

With 2023 comes yet another extension to the Project Trust Account (PTA) commencement dates in Queensland.
Construction
30/3/2023
Read

Don’t forget to give your reasons when challenging a payment claim – or risk the consequences

The importance of providing reasons when challenging a payment claim has been reinforced by a recent Supreme Court of Queensland decision.
Construction
30/3/2023
Read

Is a letter of demand a payment claim?

A recent New South Wales Supreme Court decision has found that a letter of demand could constitute a valid payment claim for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW).
Construction
11/7/2023
Read

Conditional certificates of practical completion are unlikely to be valid

A recent New South Wales Supreme Court decision has found that a practical completion certificate had no contractual effect for failing to comply with the contractual requirements governing the form of that certificate.
Construction
22/8/2023
Read

Time will tell, or will it? 'Unfair' time bars in Western Australia's new security of payment model

While the time bar provisions in Western Australia's new security of payment provisions were well-intentioned, their introduction has made the law more complex.
Construction
31/10/2023
Read

A win for builders: Court further refines scope of duty of care owed by builders to subsequent purchasers

A recent decision by the Queensland Court of Appeal has confirmed that there are very limited circumstances in which a builder will owe a duty of care to subsequent purchasers of property they built.
Construction
19/4/2024
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About us

Thomson Geer is one of Australia's largest independent corporate law firms. We are trusted by companies, governments and institutions to act for their commercial and legal interests.

Thomson Geer acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.