PaulRiethmuller

Partner

Perth + 61.8.6214.5714

Paul Riethmuller's practice focuses on the construction of large-scale urban, transport, and energy and resources infrastructure. With more than 25 years experience in the construction sector, he is recognized as one of the leading construction and infrastructure lawyers in Australia. He has been involved in the development of some of the largest infrastructure projects in Australia, drafting and negotiating contracts for projects worth billions of dollars.

Paul has been involved in projects including the construction of roads, power stations, cogeneration plants, mineral processing facilities, LNG facilities, power transmission infrastructure, hotels, court buildings, entertainment complexes, office, retail and residential developments, shopping centers, and rail and port infrastructure. Paul also advises clients on disputes arising during the course of a project. His dispute resolution experience includes acting in the Federal Court of Australia, the Supreme Court of Western Australia, international arbitrations, adjudications, and in alternative dispute resolution processes such as mediations.

Paul is the office coordinator of the Firm's pro bono program in Perth. In that role he has assisted organizations supporting people with disabilities, organizations supporting disadvantaged and at risk youth, and projects combatting human trafficking.

Experience

Base Resources reviews price adjustment mechanism in sale agreement for mineral sands from mining and processing facility in Kenya
Jones Day advised Base Resources Limited on issues in relation to the price adjustment mechanism in a sale agreement for mineral sands from a mine and processing facility in Kenya, and drafted a deed of amendment for the sale agreement.

Duro Felguera files claim against head contractor relating to Roy Hill Iron Ore Project
Jones Day is acting for Duro Felguera Australia Pty Ltd (DFA), a Spanish mining and construction contractor, in relation to the following disputes arising in respect of the US$10 billion Roy Hill Iron Ore Project in Western Australia.

GHD drafts amendments to services contract for provision of engineering services to oil and gas company
Jones Day assisted GHD Pty Limited in drafting amendments to a services contract for the provision of engineering services to an oil company, and provided advice in relation to the construction contract and interface issues for the construction of aviation infrastructure facilities in South Australia.

Lendlease Singapore acts as construction contractor on Paya Lebar Quarter Project in Singapore
Jones Day is acting for Lendlease Singapore in its capacity as construction contractor on the Paya Lebar Quarter Project in Singapore, a circa $3 billion mixed-use urban development site.

Trustee for Shakthi Trust negotiates contracts for provision of consultancy services relating to Kings Hotel in Perth
Jones Day advised Cascadale Holdings Pty Ltd, as trustee for the Shakthi Trust, during negotiation of, and drafted amendments to, contracts for the provision of consultancy services for the refurbishment of the Kings Hotel in Perth.

Energy Developments negotiates EPC contracts for Coober Pedy Renewable Hybrid Project
Jones Day drafted amendments to, and assisted Energy Developments Limited during negotiation of, EPC contracts for wind turbines, a solar PV array, a battery energy storage system, and an integrated control system for the Coober Pedy Renewable Hybrid Project.

Energy Developments drafts agreements in relation to Sunrise Dam Gold Mine
Jones Day advised Energy Developments Limited in relation to a works agreement for the construction and commissioning of a gas delivery station and consumer piping at the Sunrise Dam Gold Mine, and drafted an operation and maintenance agreement for the gas delivery station.

The following represents experience acquired prior to joining Jones Day.

Construction and Procurement

Drafted and negotiated amendments to the Infrastructure Services Agreement and associated documents between NBN Co and Telstra, as part of the team documenting the new agreements for rolling out the national broadband network.

Negotiated and drafted the EPC contract, subcontracts, and other associated documentation for POSCO E&C during the tender process for the $10 billion Roy Hill Iron Ore project.

Drafted the EPC contract and associated documents for Woodside for the tender package for the onshore LNG facilities for the Browse LNG project.

Advised the West Pilbara Iron Ore Project proponent and drafted term sheets and associated documentation to obtain expressions of interest and indicative proposals to finance, construct, operate, and maintain infrastructure packages, including port infrastructure, the mine processing plant, and above rail and below rail packages for a 228km heavy haul railway.

Drafted the construction works agreement and advised Horizon Power in relation to various project documents for the Pilbara Underground Power Project.

Advised the developer on issues arising out of the development agreement for the Old Treasury Hotel redevelopment project in Perth.

Acted for the Geraldton Port Authority in relation to the port implementation agreement, the rail implementation agreement, and other project documents for the development of a port and railway at Oakajee that included advising on the development of the railway within the port land and issues under the Public Works Act 1902 (WA) and the proposed railway special act.

Drafted tender documents for Horizon Power for the EPC contracts for a diesel power station and a solar farm for the Murchison Radio-Astronomy Observatory (MRO), and advised in relation to tender process issues.

Drafted the tender documents for Western Power for the design and construction of a 330kV electricity transmission line from Muja Power Station to the proposed Southdown Iron Ore Mine.

Drafted and advised on issues during the negotiation of a program management contract for the overall program delivery of BHP Billiton's Rapid Growth Project 5, and drafted a number of framework agreements for the procurement of major capital equipment (whether by way of purchase, supply and manufacture, or construction).

Drafted a suite of construction (construct only, D&C, EPC, and EPCM) and supply (goods, services, supply (and installation) of equipment, consultant) contracts for use in all business units across BHP Billiton's Australian operations, including contract manuals to assist in the use of those contracts.

Advised BHP Billiton during the early stages of the proposed expansion of the Olympic Dam operations, including drafting and negotiating engineering services contracts and contracts for the procurement of power supply equipment and an accommodation village, and drafting some project specific template contracts for use on the expansion project (D&C, EPC, and EPCM).

Advised Woodside on construction contract issues during the evaluation of development options (onshore processing or FLNG) for the Sunrise LNG project.

Drafted the D&C contract and tender documents for the Perth Arena, and advised on tender process issues.

Drafted a contract manual for use with Woodside’s suite of standard procurement contracts.

Drafted and negotiated the EPC contract and O&M contract for Newcrest Mining for a 120 MW power station for the Telfer Gold Mine.

Drafted and negotiated the EPC contract and O&M contract for Alinta for a 140 MW cogeneration plant at Pinjarra.

Prepared contracts for Alinta for the supply and installation of key components for a power station.

Drafted contracts for Aurox to procure (supply and install, and supply and supervision of installation) various components forming part of the processing circuit at the Balla Balla iron ore project.

Drafted a suite of template contracts (goods, services, minor works, supply, and installation) for use by Aurox throughout its operations.

Drafted a contract for the collection of road usage data for Main Roads WA.

Drafted the D&C contract and associated project documents for the Perth CBD Courts project and advised the Western Liberty Group on various issues arising under the PPP project documents.

Prepared tender documents for various new road projects undertaken by Main Roads WA.

Advised Main Roads WA on various issues arising out of its road network maintenance contracts across Western Australia.

Prepared draft alliance documents for Main Roads WA for the Karratha Tom Price (Stage 2) project (which was subsequently deferred by MRWA).

Advised Water Corporation WA on issues arising between the Woodman Alliance (featuring the Water Corporation, Clough, and Kinhill Brown & Root) during the Woodman Point Environmental Enhancement Project.

Drafted alliance documents for the Metropolitan Waste Water Treatment Plant Strategic Alliance involving Water Corporation WA, Black & Veatch, and Thiess.

Dispute Resolution

Acted for a power company in relation to disputes arising out of the construction works agreement to install power transmission cables underground. The claims involved variations, delays, and allegations of defective work, including three adjudications and potential litigation.

Acted for PTTEP Australasia, an international oil company, in a dispute with the contractor in relation to claims involving defective work and delays arising out of a contract to convert an oil tanker into an FPSO (floating production, storage, and offloading) vessel.

Advised a power company in relation to claims and disputes arising out of a contract for the construction of a high-efficiency gas turbine power station.

Advised a global contractor and supplier on disputes with the principal and a subcontractor arising out of a contract to design and construct the mainline signaling works for a rail network in the Pilbara region of northern Western Australia.

Acted for a mining company in a dispute over claims for extensions of time and delay and disruption costs.

Advised a principal on claims arising out of an EPC contract for a cogeneration power station. The dispute involved claims for extension of time and associated costs, the enforceability of the liquidated damages clause, and rights of set off.

Acted for the property developer of a department store in Perth in litigation arising out of a D&C contract. The dispute involved claims for latent conditions and extension of time and associated delay costs and included issues such as the principal's right to call on security.

Additional Publications

  • October 2017Court Limits Australia's Jurisdiction to Assist International Arbitrations
  • October 2017Updated New South Wales PPP Guidelines Aimed at Reducing Bid Costs and Increasing Efficiency
  • August 2017Australia Raises Capital Gains Withholding Rate for Foreign Residents in Real Estate Transactions
  • April 2017Further Update on Federal Taxation—Australian Infrastructure Investment and Privatisation
  • March 2017Australian Infrastructure Investment and Privatisation Update: Federal Taxation on the Agenda
  • August 2016Key Changes to Security of Payment Regime in Western Australia
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.