Jennifer Fitzalan

Jennifer Fitzalan

Special Counsel
Baker & McKenzie

Biography

Jennifer Fitzalan is a special counsel in the Construction team at Baker McKenzie, Sydney. Jen brings extensive experience in front- and back-end construction matters.

Practice Focus

Jen specializes in advising clients in the construction and engineering sectors, including institutional property owners, developers, government, state-owned utilities, hotel and hospital operators, contractors, major equipment suppliers, financiers and consultants.

She advises on all aspects of project delivery, from contract structuring, drafting and negotiation to advice on contract administration and advice in relation to disputes or pending disputes.

Representative Legal Matters

  • Advising Housing New South Wales on contracts issued as a part of the Australian Government’s stimulus package under which up to AUD 2 billion dollars was allocated to the New South Wales Department of Housing for projects throughout New South Wales.
  • Advising leading Australian telecommunications company on contracting structure and subsequent drafting of infrastructure contracts (and contract manuals) for a AUD 350 million design and construction and upgrade of mobile telephone towers across Australia.
  • Advising listed infrastructure owner regarding potential disputes with design and construct contractor and regarding drafting amendments to original design and construct contract.
  • Advising Pembroke Real Estate on the AUD 100 million+ refurbishment of its 20 Martin Place property regarding over 15 consultancy agreements.
  • Advising and drafting of consultancy agreements and assisting in the drafting or a management contracting agreement for the construction of the AUD 120 million Wet'n'Wild Sydney aquatic leisure park.
  • Drafting and negotiation of ECI and D&C contracts for Hewlett Packard's Adelaide offices.
  • Advising the Australian Turf Club on the drafting of a design and construct contract for major roadworks and car park as well as conducting negotiations with the successful tenderer.
  • Preparation of a design and construct contract and minor works contract for the design and construction of an integrated car park as part of a health cluster precinct for the University of Canberra.
  • Preparation of contracts for the University of Technology Sydney (UTS) and advice on those contracts for use in capital development projects.
  • WaterNSW - Design and Construct and Maintenance contracts for bore water supply to Broken Hill.
  • Drafting and providing advice on design and construct contracts for various data centers, including in Western Australia, New South Wales and the Australian Capital Territory.
  • Drafting and advising on design and construct contracts for a work complex for a leading company specializing in the discovery, development and manufacture of therapies for people living with neurological, autoimmune and rare diseases.
  • Drafting and advising in relation to a design and construct contract for construction of a laboratory for a global leader in water, hygiene and energy technologies and services. 
  • Drafting various plant expansion and major equipment fabrication contracts (large digester units and trailer fleet manufacture) for Suez Recycling and Recovery (ex SITA), including design and construct contracts.
  • Advising the NSW government on the privatization of the NSW electricity assets by conducting due diligence on all aspects of construction and maintenance contracts, including design and construction contracts for the following: 
    • AUD 160 million sale of Delta Electricity's Mt Piper and Wallerawang power stations
    • AUD 660 million NSW's government's remaining interest in the Eraring power stations
    • AUD 1.5 billion sale of Macquarie Generation to AGL
    • AUD 70 million sale of Green State Power
    • sales of Delta's Electricity's Vales Point and Colongra power stations

Professional Associations and Memberships

  • Member, Law Society of New South Wales
  • Member, National Association of Women in the Construction Industry
  • Member, Owners Corporation Network
  • Member, Society of Construction Law Australia 

Admissions

  • New South Wales~Australia (2005)

Education

  • University of Newcastle (LL.B. Hons 1) (2005)
  • University of Melbourne (LL.M. Construction Law)
  • University of New England (Master's Degree Adult Education & Training Hons)

Languages

  • English