Michael Lake
Michael is a construction and infrastructure disputes partner, based in Sydney.
He supports clients - such as principals, contractors and financiers - involved in the delivery of major projects in Australia, and beyond. Michael has gained experience on a broad range of projects, including infrastructure (rail, road, hospital, school and prison projects), energy and energy transition (including wind, solar, battery, energy terminal, water treatment and mining projects) and large-scale commercial and residential developments.
Michael is a construction law specialist, having practiced in this area since he started his career. As a go-to strategic advisor, he often gets involved early during project delivery to support managing complex claims and issues before disputes emerge and to build a strategy based on the client’s objectives. He regularly advises on issues around defects and performance, variations, extensions of time and liquidated damages, and performance security under various delivery models. He has particular expertise managing issues and disputes on PPPs and under EPC arrangements.
With significant experience resolving large and complex disputes by litigation and arbitration, and by less formal processes like expert determination, mediation, and negotiation, Michael has a particular focus on considering the most efficient and effective means for resolving a dispute. Michael also has experience acting on statutory security of payment adjudication.
Background
Michael has completed a Master of Construction Law (University of Melbourne). Before that, he completed a Bachelor of Laws (Honours) and Bachelor of Arts (both at the University of Auckland).
He is admitted as a solicitor of the Supreme Court of New South Wales and the High Court of Australia.
Experience & expertise
Selected matters
- asset owners and financiers on project delivery issues and disputes on energy transition projects in Australia and Asia.
- Project Co in relation to a rail PPP project in NSW impacted by design and delay issues.
- Project Co and project financiers during the construction and operation phases of a prison PPP project in Victoria, and acting in litigation and separate arbitrations on this project.
- developers and contractors in litigation in relation to alleged defects on high value developments in NSW.
- an Australian Joint Venture D&C contractor in an arbitration against its design consultant in relation to the design and construction of a brownfield road and tunnel project in Queensland.
- a clean energy fund and its wholly owned subsidiary in a Singapore-seated arbitration commenced regarding the development of a wind energy project in Vietnam.
- a leading Australian developer in an expert determination with a local authority regarding liability for construction costs under a Project Development Agreement for the completion of a significant development in Sydney.