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Career Overview

Tom Darling is a senior commercial and transaction advisor who has provided services to international and domestic corporate clients as well as State and Federal government clients on large scale infrastructure and construction projects across multiple sectors, including air, rail, roads, ports and renewables. 

He specialises in drafting, negotiating and advising on procurements and project documents across a range of delivery models, including PPP, D&C, ITC, EPC, design-only and construct-only contracts. He is also an expert drafting and advising on O&M contracts and professional services contracts (IC Deeds).

Benefits Tom provides to clients

Tom provides clients with market leading expertise in:

Contract Analysis & Negotiation - a qualified lawyer with a proven record of advising principals on successful NSW state significant infrastructure projects, as well as Victorian State and Commonwealth projects.

Procurement Strategy - providing strategic advice in respect of market sounding strategies and development of tender processes and documentation, including commercial frameworks. 

Transaction Mangement - managing timely completion of deliverables throughout the procurement processes, including risk analysis in respect of commercial, legal and interface issues as well as negotiation of tenders. 

Commercial Management - as a secondee lawyer Tom was embedded with the WestConnex Stage 3 commercial team and utilised the above skills in reporting directly to M4-M5 Link Commercial, Project and Corporate Directors. 

Claims & Disputes - assessing contractor claims, providing commercial and contractual advice including leading legal negotiations and drafting settlement & release documents.      

Selected Key Experience

20222023

Melbourne Airport Rail, Australian Rail Track Corporation

Procurement advisor

Advising ARTC on its procurement of the Melbourne Airport Rail package in respect of the RFT, ITC Contract (drafting, evaluation and negotiation), interface agreements and other related project documents, including its funding and leasing arrangements with Rail Projects Victoria.

20192023

Western Harbour Tunnel, Transport for NSW

Advisor

Advising Transport for NSW on the $14 billion Western Harbour Tunnel and Warringah Freeway upgrade program.

20212022

Rozelle Interchange, Transport for NSW

Procurement advisor

Advising Transport for NSW on the procurement of the Western Harbour Tunnel Southern Tunnel Works, including negotiation with Rozelle Interchange Contractor and drafting the deed of amendment.

20192021

Port Botany Rail Duplication and Cabramatta Loop, Australian Rail Track Corporation

Procurement advisor

Advising ARTC on the procurement process for the procurement of the Botany Rail Duplication Project and the Cabramatta Loop Project, including developing RFT contract documentation and advising on all aspects of the procurement, including evaluation of interim submissions, negotiating contract departures, attending to contract close and providing ad-hoc delivery advice.

20182020

Western Sydney Airport, Australian Government

Advisor

Advising the Commonwealth GBE responsible for delivering the greenfield $5.3 billion Western Sydney Airport on the airport's procurement, in relation to:

  • the development of the Independent Certifier Framework Agreement and procurement of the Independent Certifier (2018 – 2019)
  • the preparation of RFT documentation, D&C contract evaluation, negotiation and contractual close for the Bulk Earthworks Design & Construction Deed (2019)
  • the development of procurement of the Operations and Maintenance Service Provider for Baggage Handling Services (2020).
20202023

Sydney Metro West, Sydney Metro

Advisor

Advising Sydney Metro on the project including providing strategic advice, preparing and reviewing documentation and all aspects of legal support in relation to the procurement of a program-wide Independent Certifier Framework Agreement.

20192022

Sydney Roads Assets Performance, Transport for NSW

Advisor

Advising Transport for NSW on the Sydney Roads Assets Performance Contract (SRAP Contract). A significant project for TfNSW covering the maintenance of State roads, bridges and other road related assets across the Harbour, Parklands and River Zones in Sydney. Tom's role included the preparation of the EOI and RFP documents (including preparation of the SRAP Contract), the commercial and performance framework, evaluation and negotiation of the SRAP Contracts and advising during initial stages of delivery.

Sydney Metro City and South West, Sydney Metro

Legal advisor

Advising Sydney Metro on the delivery of the $16 billion Sydney Metro City & Southwest Project, including providing strategic advice, preparing and reviewing documentation and all aspects of legal support in relation to the program-wide independent certifier strategy (ongoing).

20162018

WestConnex, Sydney Motorway Corporation

Various roles

Advising Sydney Motorway Corporation on the $16.8 billion WestConnex Motorway Project, including:

  • WestConnex M4 (Stage 1) Refinancing: assisting with and attending the financial close of the Stage 1 refinance (lawyer, 2016 – 2017)
  • WestConnex M4-M5 Link (Stage 3): 
    - Commercial Secondment: seconded to the WestConnex Stage 3 commercial team reporting directly to M4-M5 Link Commercial, Project and Corporate Directors. Advising on and attending negotiations for D&C contract and nominated subcontracts, Project Deed, third party agreements (secondee lawyer 2017 – 2018) 
    - WestConnex M4-M5 Link (Stage 3): assisting with the drafting of the M4-M5 Link project documents and nominated subcontracts (graduate, lawyer 2016 – 2018)
    - WestConnex Tolling Implementation: assisting with the drafting, negotiation and advice regarding tolling implementation and strategy (graduate, lawyer 2016 – 2017).
20232023

Sembrano Wind Farm, Talim Wind Farm and San Isidro Projects, Vena Energy

Procurement Advisor

Advising Vena Energy on its procurement of multiple wind farm projects in the Philippines, including negotiating and drafting Turbine Supply Agreements, Balance of Plant Contracts and other related project documents.