Kyle is a reliable commercial lawyer who approaches his work with a results-focused attitude.
Kyle specialises in resolving building and construction disputes through litigation, arbitration and adjudication. He successfully manages matters arising from all areas of the construction industry, including the construction of buildings, civil works contracts and complex engineering works. Kyle acts for major private sector contractors, contracting principals and subcontractors in relation to major projects and construction work and provides advice related to contractual interpretation, contract management, dispute resolution, and indemnity issues.
Kyle advises a wide range of clients in the building, civil, electrical, mining, engineering and property development industries by settling disputes arising from delay claims, contract interpretation, soil stability, solar farms, coal supply, temporary accommodation construction, subdivision construction, payment of engineering fees and many more.
Kyle is a registered adjudicator under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and Building and Construction Industry Security of Payment Act 1999 (NSW)
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Large Electrical Subcontractor
Kyle's client was involved in a dispute regarding an electrical subcontract for the construction of a power plant.
Kyle assisted in the preparation and presentation of over $18 million in claims and provided advice regarding the insolvency of the head contractor and their related recovery options. He was ultimately successful in his negotiation and recovery of funds from the insolvent head contractor and obtained a restraint on the call of a Bank Guarantee by the receivers of the insolvent counterparty.
Kyle's client was an Australian brick manufacturing plant owner faced with an international arbitration regarding the plant's construction with a German company.
Kyle successfully acted for his client in an ICC international arbitration by defeating the claims made by the German contractor and organising recovery in relation to defects in the work.
Kyle's client was involved in a large dispute regarding a civil engineering project.
Kyle provided pre-dispute and claims assistance regarding a large civil works contract throughout the project, including contractual notices, formal claims and disputes under the contract, and addressing close-out issues. He also successfully recovered over $32 million through adjudication.
"McInnes Wilson were extremely helpful and proactive in their communication, ensuring we were always fully informed."