Our People

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Mark Yum

Associate Director

Construction + Projects

mark.yum@eralegal.com.au

Mark is an Associate Director and heads our Construction + Projects division along with Nelson Arias-Alvarez. Mark has considerable experience advising stakeholders on all aspects of construction at both the ‘front end‘ and ‘back end‘.

Mark has prepared and negotiated complex construction contracts for large scale commercial and residential projects as well as in the education and energy sectors. Mark works with industry standards and he has drafted and negotiated a range of project documentation including, Early Contractor Involvement (ECI), lump sum, design and construct, guaranteed maximum price, cost plus, project management, tripartite (with financiers), development management, subcontractor and consultant contracts.

Mark has extensive experience in acting for clients in large scale complex construction litigation as well as a deep understanding of the Security of Payment legislation. Mark also assists his clients in contractual dispute resolution procedures and negotiations, including expert determination, arbitration and mediations.

Mark was recognised within the legal profession in 2017 when he was nominated as a finalist for the Construction and Infrastructure Partner of the year.

Areas of Experience

  • Contract negotiation
    • The Australian Standard general conditions of contract
    • Project-specific/bespoke agreements including tripartite funding agreements, public-private partnerships, early contractor involvement arrangements, project management agreements, superintendent agreements.
  • Contract administration and Security of Payment Act
    • All types of notices required to be given under contract during project delivery
    • Building and Construction Industry Security of Payment legislation in New South Wales, Victoria and Queensland, including enforcement of determinations.
  • Dispute resolution / construction risk management
    • Disputes during project delivery (time, cost and quality) and the contractual dispute resolution procedures (arbitration, conciliation, references, expert determinations)
    • Disputes during post-delivery stage, such as disputes regarding final claims, release of security, construction contract litigation concerning termination disputes, recovery of security and assessment of damages
    • Defence of building defect claims post-completion of a project

Admissions

  • High Court of Australia
  • Supreme Court of New South Wales

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