Tom Darling is a senior commercial and transaction advisor who has advised international and domestic corporate clients as well as the Federal and State governments on large scale infrastructure and construction projects across multiple sectors, including air, rail, roads, ports, renewables and resources.
He specialises in drafting, negotiating and advising on procurements and contractual project documents across a range of delivery models, including PPP, D&C, ITC, Alliance, EPC, design-only and construct-only contracts. He also has expertise in drafting and advising on O&M, BOP, Independent Certifier contracts and Third Party and Interface Agreements.
Full-time engagement within the TMR Commercial workstream reporting directly to Head of Commercial and various other of the leadership team. Oversaw the finalisation of key contractual documents for EOI release, including the Alliance Devleopment Agreement and the Program Alliance Agreement Term Sheet. Post-EOI Tom, prior to commencement of the Alliance Devleopment phase, Tom was appointed Commercial Interface Maanger for the Project. Liaising with stakeholders, both internal (technical, transaction, legal, property, evnirpomental, insurance, finacial and commercial) workstreams and external parties (Sunshine Coast Airport / Palisade Group, Sunshine Coast University Hospital and other adjoining or interested parties and interfacing Wave Stages). In undertaking this role, Tom has developed a robust knowledge of TMR's current and emerging interfaces, and third party requirements. Combining this immediate commercial experience within TMR's project team and his legal background more generally (see below).
Tom supported the ZEB team in developing and procuring the flagship greenfield Macquarie Bus Depot Design and Construction contract. He advised on all aspects of the transaction, including the development, drafting, and approval of EOI and RFT documentation, and led negotiations through to execution of the D&C contract. Tom also managed the client interface with tenderers and supported extensive stakeholder consultation across commercial, technical, environmental, executive, and legal teams, as well as with external parties adjoining parties (eg Transurban). He further assisted related workstreams, including brownfield depot electrification, procurement of battery electric buses, and negotiations with existing bus operators.
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 project aspects including the Contractor and Operator Cooperation and Integration Deeds as between Sydney Metro, contractors, operators and third parties (e.g. Sydney Motorway Corporation / WestConnex / Transurban, Sydney Water etc) regarding station integration and infrastructure works.
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 third party agreements (including with Viva Energy) and other related project documents, including its funding and leasing arrangements with Rail Projects Victoria.
Advising Transport for NSW on Package 1 (tunnel, M&E and civil) of the $14 billion Western Harbour Tunnel and Warringah Freeway upgrade program. Including market sounding process, EOI and RFT development, responible for legal management of third party agreements and interface deeds (with existing WestConnex entites, local councils, Sydney Metro West and other adjoining landowners), and tender evaluation, negotiation and delivery.
Advising Transport for NSW on the procurement of the Western Harbour Tunnel Southern Tunnel Works (Package 2), including sole-source negotiations with the Rozelle Interchange Contractor; drafting the deed of amendment to the Rozelle Interchange D&C Contract and negotating amendments to existing interface arrangements with Sydney Motorway Corporation / WestConnex.
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.
Tom supported the Stage 1 M4 refinancing through to financial close, and was seconded to the Stage 3 M4–M5 Link commercial team, advising senior project and corporate directors on D&C contracts, nominated subcontracts, project deeds, and interface and third-party agreements. He also provided legal support on tolling implementation and strategy.