Alex Hartmann

Alex Hartmann

Partner
Baker & McKenzie

Biography

Alex Hartmann is a partner of the Sydney office of Baker McKenzie regularly engaged in high-profile construction matters. He advises private sector and government clients on engineering contracts, construction and commercial property projects and infrastructure-related legal issues.

Practice Focus

Alex's practice focuses on all facets of project delivery — from contract structuring, drafting and negotiation through to advice on contract administration and all types of dispute resolution. Alex has been described as "very articulate, approachable, and excellent at dealing rapidly with difficult issues" by Chambers Asia Pacific.

Representative Legal Matters

Non-contentious infrastructure and major projects:

  • Acting for University of Technology, Sydney – Advising on a number of high-profile campus redevelopment projects, including Broadway and Central Buildings and major Haymarket redevelopment.
  • WaterNSW – Advising on procurement and contract drafting for Warragamba Dam Wall Raising project and in relation to range of other contracts.
  • Acting for Village on its Wet'n'Wild Sydney leisure development.
  • Acting for Pembroke Real Estate in its redevelopment of 20 Martin Place, Sydney.
  • Acting for University of Canberra in relation to range of on- and off-campus developments.
  • Australian Broadcasting Corporation in relation to remedial works to Ultimo Studios, including replacement of aluminium composite panels.
  • Solar projects – Advising both developers and inverter supplier regarding impact of RCR insolvency and in relation to range of project issues.
  • Queensland Motorways bid – Acting for consortium member in drafting and negotiating agreement for provision of motorway management and consultancy services.
  • Advising multinational water company as a member of the consortium bidding for Mundaring water treatment PPP.
  • Advising a leading private hospital and health group on drafting and negotiation of construction management contract for expansion of major private hospital.
  • Advising Sydney Water Corporation regarding AUD 1 billion Sydney desalination project with particular involvement in drafting and negotiating the 20-year operations and maintenance agreement.
  • Acting for Emirates Hotels on the development of the Wolgan Valley resort, including all construction consultancy and supply contracts.

Contentious Matters

  • Major contractor – Advising on defence and subsequent commercial resolution of two NSW Supreme Court proceedings involving claims under vendor warranties given by client in relation to construction contracts novated under Asset Purchase Agreement.
  • Facilities management – Acting for operator of multiple government facilities in defending "asset uplift" variation claim in NSW Supreme Court for claimed maintenance of additional assets over extended duration.
  • Mining company
    • Advising on dispute with Council regarding disputed Council rates liability, including New South Wales Supreme Court and Court of Appeal litigation.
    • Advising on termination of contract mining contractor and negotiation of settlement terms.
    • Defending multiple security of payment claims and subsequent NSW Supreme Court litigation brought by fabricator and installer of processing plant.
  • Telecommunications carrier – Advising major telco on defence of contractor claim arising from contracts with a value in excess of AUD 350 million for design and construction and upgrade of mobile telephone towers across Australia.
  • Multinational rail industry supplier – Advising in relation to claims arising from supply of platform equipment for Northwest Metro and subsequent adjudications.
  • Advising state-owned corporations in disputes arising from the construction of high voltage transmission line and for flooding-related claims in respect of dam construction projects, with total claim value in excess of AUD 100 million.
  • Certain wall supplier – Acting for façade supplier in adjudication claim against contractor, followed by subsequent Supreme Court and arbitration proceedings arising from construction of major hospital.

Professional Honors

  • Listed for Australia, "Best Lawyers in Australia" for "Alternative Dispute Resolution" and "Construction/Infrastructure Law" 2014 to 2019
  • Listed as Leading Construction Litigation Lawyer NSW, Doyle's Ratings 2014 to 2020
  • Ranked Lawyer, "Construction," Chambers 2014 to 2020
  • Acritas Star Lawyer 2020 

Admissions

  • Victoria~Australia (1999)
  • England & Wales~United Kingdom (1990)
  • New South Wales~Australia (1987)
  • High Court of Australia~Australia (1987)

Education

  • University of New South Wales (LL.B.) (1986)
  • University of New South Wales (B.A.) (1984)

Languages

  • English

Previous Offices

  • Melbourne
  • Disability (Access to Premises - Buildings) Standards 2010: A New Legal Yardstick
  • Victorian Security of Payment: "Excluded Claims" Level the Playing Field
  • New Legislation to Amend NSW Security of Payment Act
  • Comment on Proposed Changes to the NSW Security of Payment Act
  • NSW Security of Payment Act Consultation Submissions
  • Don't let suspension leave you high and dry: QBCC licence suspension - What does it mean for counterparties?
  • Interview podcast regarding the John Murray AM Review of Security of Payment Laws
  • Could your business benefit from the Commonwealth Indigenous Procurement Policy?
  • Scope of the 10-year Limitation Period on Bringing "Building Actions" under the EPA 1979 (NSW)
  • Why You Can't Afford to Ignore the Commonwealth Building Code
  • Submission to the John Murray AM National Review of Security of Payment Laws
  • Review of Security of Payment Laws in the Building and Construction Industry
  • Diversion of Strip Out Waste. Podcast of presentation given to Society of Construction Law Annual Conference
  • Andrews to Paciocco: Debrief on the Law of Penalties and Commercial Implications
  • Victorian Supreme Court of Appeal Decision confirms the need to review methods for resolving disputes under Victorian construction contracts
  • Navigating the minefield of reference date precondition clauses, statutory declarations, and rights to set-off: Are your clauses valid?
  • Security of Payment Legislation and the Christmas and New Year Shutdown
  • Victorian Supreme Court Decision Compels Review of Methods for Resolving Disputes in Victorian Construction Contracts
  • Legal Issues Arising from Use of Non-Compliant Building Products and Materials in the Australian Construction Industry
  • Further Amendments to NSW Security of Payment Legislation: Trust Scheme for Cash Retentions
  • Legal Alert: Project Communication Systems - Construction Contracts Play "Catch Up"