Andrew Archer

Full Profile

Since joining Clyde & Co’s construction team in 2021 Andrew has appeared as counsel in Dispute Adjudication Board proceedings along with handling heavyweight arbitrations arising from giga projects in Saudi Arabia.
Andrew was called to the Victorian Bar, Melbourne in 2005 where he practised exclusively in construction disputes working on some of Australia's largest arbitrations and court proceedings arising from all major forms of procurement with an emphasis on EPC, EPCM and PPP projects.  

Andrew holds law degrees from English and Australian universities and is also recognised for his academic writings on technical construction law topics. His published works are cited in Keating on Construction Contracts and Bailey’s 3 volume work Construction Law.  Andrew has received two Commendations in the prestigious UK Society of Construction Law Hudson Prize, a High Commendation in the Australian Society of Construction Law Brooking Prize and is a previous winner of the Australian Building Disputes Practitioners’ Society annual essay competition.

Andrew regularly presents at industry events and talks including Dubai Arbitration Week and the (inaugural) Riyadh International Disputes Week. 

Experience

Saudi Arabia

• The new Riyadh metro system - project value: USD 22.5 billion.  International arbitrations (ICC) arising from various works packages for the construction of the new Riyadh metro system (acknowledged as one of the largest infrastructure projects in the world and the largest public transportation network in the world).
• King Salman International Complex for Maritime Industries and Services shipyard project Ras Al-Khair, Saudi Arabia - project value: USD 4.3 billion. International arbitration (ICC) concerning disputes arising from wharf works.
• EPC process plant disputes in Saudi Arabia - project value: USD 9 billion, including:  
  • DAB proceedings followed by international arbitration (ICC) concerning complex issues of EOT claims, delay damages, variations and defects;
  • international arbitration (LCIA) concerning contested termination, EOT claims, variations, and defects; and  
  • DAB proceedings followed by international arbitration (ICC) concerning defects and performance security.  

Other jurisdictions

• BHP’s Olympic Dam Expansion project - project value: A$ 28 billion.  Claims concerning the design of a tank lining system forming part of a copper and uranium solvent extraction plant at BHP’s Olympic Dam mine. 
• Royal Adelaide Hospital - project value: A$ 1.85 billion.  PPP with the South Australian government.  Claims for time and money involving the remediation of a contaminated site. 
• Melbourne Convention Centre - project value: A$ 1.4 billion.  Claims concerning post contractual changes to functional specifications in a design and construct procurement. 
• FPSO vessel, Puffin oil field, Timor Sea - dispute value: USD 79 million.  International arbitration concerning disputed termination of an FPSO time charter.
• Minerva gas fields - project value: USD 137 million.  Acknowledged as the largest infrastructure litigation ever in an Australian court and running over 6 years, the litigation involved a multitude of parties and claims.
• Brambles’ Newcastle coal ports redevelopment - project value: A$ 500 million.  Claims concerning novel conceptual civil engineering designs for a third coal port in Newcastle, NSW – at the time the largest coal port in the world.  
• Dredging: disputes and court proceedings arising from the dredging of the ports of Southampton and, separately, Melbourne.  

Publications

• "Professional indemnity insurance reforms in Victoria" BDPS Newsletter Issue 162 June 2020.
• "Force majeure regimes – predicting the unpredictable" ACLN 191 March/April 2020.
• "Global Claim – Global Confusion?" (2017) 33 BCL 111.
• "Contractual termination rights and the concurrent exercise or non-exercise of common law termination rights - caught between the Scylla and Charybdis?" (2017) 33 Const. L.J. 313.
• Author of the Australian Lexis Nexis loose leaf services "Compromise of Proceedings (Victoria)" and "Order 50 - References and Inquiries (Victoria)".