Jason Schroeder

Jason Schroeder

Associate
Baker McKenzie

Biography

Jason is an associate in the Construction team. He joined the Firm as a paralegal in 2018 and commenced his current role in 2021.

Prior to this, Jason practised as a civil engineer for six years with a focus on geotechnical and water resources.

Practice Focus

Jason's practice includes transactional and advisory work as well as disputes.

His transactional work includes drafting and reviewing contract documents in relation to major developments in commercial and renewable energy sectors.

His dispute-based work includes acting for large domestic and international clients in various construction-related matters involving litigation, arbitration, mediation and adjudication.

Representative Legal Matters

  • Advised an international construction company on its tender for the replacement of key components in a large hydro-electric facility in Tasmania which included an analysis of the key risks and proposed amendments to a 4910-2002 contract.
  • Advised an Australian building developer on the drafting of an amended AS4902-2000 contract to engage a builder to design and construct a large apartment tower.
  • Advised a developer on the drafting of an amended AS4902-2000 for the design and construction of a child care facility.
  • Advised the transport division of a global industrial manufacturing company on the provision of technology updates to an Australian railway system which included drafting a subcontract with back-to-back obligations to the head contract.
  • Advised a listed power generation company on the development of major renewable energy hub in Queensland under an EPC contract arrangement.
  • Acted for an international engineering and fabrication company in relation to an anticipated arbitration associated with the failure of a supplied component as part of an offshore gas extraction facility. Key responsibilities included drafting formal correspondence, completing legal research, drafting a legal advice memorandum, briefing an expert, counsel and insurance consultants, liaising with insurers regarding quantum assessment and providing strategic advice related to settlement negotiations. Utilised engineering skills and knowledge to understand and analyse the factual matrix and cause of the failure in order to develop key legal arguments.
  • Acted for an Australian professional services company (quantity surveyor) in relation to two related arbitrations arising out of the expansion of a prison complex. Key responsibilities included collating evidence, completing legal research and drafting witness statements.
  • Acted for an Australian design consultant firm regarding anticipated arbitral proceedings associated with a large linear infrastructure tunnelling project. Key responsibilities included summarising evidence and position papers from related parties' negotiations, drafting an advice memorandum regarding contractual design obligations and drafting a witness statement.
  • Acted for an Australian developer in relation to a large apartment building. Key responsibilities included providing strategic advice on the security of payment legislation and drafting an adjudication response.
  • Advised an international parent company and Australian subsidiary on the legal and practical liability associated with parent company guarantees (PCGs) generally required on large Australian construction projects. Key responsibilities included reviewing and summarising the obligations under existing parent company guarantees and underlying construction contracts, completing legal research, assessing the key risks and practical expiry of PCG obligations and comparing existing PCGs with the parent company guidelines.

Professional Associations and Memberships

  • Australian Society of Construction Law - member

Corporate Responsibility

  • Women’s Legal Service Victoria - Assist with matters before the Victims of Crime Assistance Tribunal 
  • Justice Connect - Self-represented litigant service

Admissions

  • High Court of Australia~Australia (2020)
  • Supreme Court of Victoria~Australia (2019)

Education

  • University of Melbourne (J.D.) (2018)
  • Marquette University (Bachelor of Science Civil Engineering ) (2007)

Languages

  • English
  • Spanish

Publications

  • Scaffolding, electrical wires and indemnity: Noori v H&A Majestic Plumbing Services Pty Ltd (2021) 37(2) Insurance Law Bulletin 24
  • A Non-standard Error: The Application of the Højgaard Case in Australia (2018) 29(10) Australian Construction Law Bulletin 98
  • Are the Security of Payments Planets Finally Set to Align? (2017) 174 Australian Construction Law Newsletter 38 

Presentations

  • Presentation to several engineering firm clients regarding professional obligations under the Queensland RPEQ regime and legal risks associated with engineers providing certifications.
  • CPD presentation to a client in-house legal team covering case law and key contractual risks associated with fitness for purpose obligations.