Jonathan McTigue

Expertise

Jonathan is a highly regarded construction and disputes partner with more than 25 years’ experience advising on complex, high-value infrastructure, mining and government related matters. He combines deep technical expertise with strong commercial judgement and is recognised as a trusted advisor to senior executives, general counsel and project leaders across both the public and private sectors.

Jonathan brings extensive experience in managing disputes across their full lifecycle, from early claims analysis and strategic advice through to litigation, arbitration, expert determination, security of payment processes and negotiated resolution. He is highly regarded for his ability to understand and communicate complex technical, operational and contractual issues, and to develop clear strategies that assist clients to resolve disputes commercially and efficiently.

Jonathan has acted on matters across the transport, defence, mining, aviation, energy, water, commercial  development and social infrastructure sectors. He has particular experience advising government clients on major infrastructure projects, including procurement issues, project delivery challenges, contractor claims, delay and disruption claims, defects, variations and security of payment disputes. His government experience includes substantial work for Victorian delivery agencies and Commonwealth clients, including Defence. Jonathan has a strategic, measured and commercial approach to dispute resolution. He works closely with clients to align legal strategy with broader project and commercial objectives, delivering practical and outcome-focused advice.

He also brings significant leadership experience, with a strong track record in building, leading and growing high-performing construction and disputes teams and fostering long-term client relationships.

Experience

Jonathan’s experience includes acting across a broad range of sectors and clients, including government, infrastructure, construction and resources. His work includes:

• acting for a major mining company in Supreme Court proceedings against a mining services contractor arising from losses following a mine shutdown after a fatal incident
• advising a global mining client on the exit from a mining services contract in Botswana, including managing complex claims by and against the contractor
• acting in a dispute involving a financier and a public health authority concerning the termination of an agreement for lease on a major development project
• acting for an international contractor in relation to claims arising from a major infrastructure development project
• acting for a tier-one contractor in arbitration proceedings and security of payment disputes
• acting for a Commonwealth department in claims relating to a major car park development project.

Jonathan has also acted extensively on major public infrastructure projects, including:

• advising government delivery agencies on procurement issues and disputes arising from significant transport projects, including road and tunnel developments, contamination claims and contractor insolvencies
• acting in disputes relating to some of Victoria’s largest infrastructure projects, including major road upgrades and motorway developments involving complex claims for time and cost
• acting for government and private sector clients in disputes arising from large-scale energy and utilities infrastructure, including claims relating to outages and operational failures
• acting for a joint venture of energy companies in relation to claims against an airport concerning fuel infrastructure works
• acting in multiple Defence projects, including representing Defence in arbitrations, including in relation to construction defects and contract administration failures on major base upgrade projects.

Jonathan’s experience also includes acting in complex commercial litigation for major corporates, financial institutions and insurers, including claims involving contractual disputes, misleading or deceptive conduct and equitable claims.

Membership

• Director, Society of Construction Law Australia
• Member, Construction and Infrastructure Subcommittee, Law Council of Australia
• Member, Victorian Subcommittee, Australian Centre for International Commercial Arbitration