Principal Lawyer

Darren Cain

Darren Cain

Principal Lawyer

BA (Hons), LLB (Hons)

Legal secretary: Chris Olsen

+61 3 8600 8835

Darren has over 16 years’ experience practising in both 'front-end' and 'back-end' building and construction law. A Principal Lawyer of KCL Law, Darren heads the firm’s Building and Construction practice and is a key member of the Litigation and Dispute Resolution practice.

Before joining KCL Law in 2004, Darren commenced his professional career with a national firm and for a few years worked at a leading international law firm based in London specialising in construction and major projects.

Darren has represented developers and many large and medium-sized commercial construction companies, civil and specialist contractors (with a national presence) on a broad range of projects and procurement methods.

He has also been involved in many of Victoria's landmark court cases in the area of Security of Payment and regularly represent clients during the adjudication process under that Act and in judicial appeals, which have included:

  • Vaughan Constructions v Siemens ('06)
  • Protectavale v K2K (’08)
  • Grocon v Planit Cocciardi (’09)
  • Gantley v Phoenix International (’09)
  • Hallmarc v Saville ('14) (Court of Appeal)
  • RAW v JBK (’16)

More recently, and in addition to mixed-use projects, Darren has been involved in a range of 'front-end' major projects, including:

  • Desalination Plant, Victoria;
  • Sunbury Electrification Project, Victoria;
  • Melbourne Rectangular Stadium, Victoria;
  • Wyndham Harbour, Victoria;
  • Brisbane International Airport, Queensland;
  • Epworth Hospital, Victoria;
  • Mt Macedon Wind Farm, Victoria; 
  • Peninsula Link, Victoria; and
  • Melbourne Airport (MLS Tunnel), Victoria.

Areas of practice

Building and construction (Front End)

  • Drafting and advising on all aspects of contractual procurement for commercial, mixed use, industrial & infrastructure projects:
    - Tender submissions
    - Early Contractor Involvement (ECI)
    - Head Contracts & Subcontracts (bespoke, Aust Standard, ABIC, NPWC)
    - Alliance Contracting
    - Builders Side Deeds, Deeds of Novation
    - Consultants Agreements
  • Contract Administration:
    - VO and EOT’s (claims and assessments)
    - Prolongation and Delay damages claims
    - Defects claims
    - Enforceability and impact of Time-Bars
  • Security of Payment Act:
    - Key amendments to construction contracts
    - Preparing Payment Claims and Schedules
    - Adjudication Submissions & Responses

Building and construction (Back End)

  • Supreme Court, County Court (commercial, industrial construction and infrastructure disputes)
  • VCAT (bulk-earthworks, major domestic)
  • Commercial Arbitration / Expert Determination
  • Court appearances for cases involving the Security of Payment Act regime:
    - Summary judgement applications (Claimant)
    - Strike-out applications (Respondent)
    - Appeals against Adjudication Determination

Admitted to practice

  • Supreme Court of Victoria
  • England and Wales

Professional memberships

  • Law Institute of Victoria