Principal Lawyer

Darren Cain

Darren Cain

Principal Lawyer

BA (Hons), LLB (Hons)


Legal secretary: Chris Olsen

+61 3 8600 8835

dcain@kcllaw.com.au

A Principal Lawyer and Head of KCL Law's Construction and Infrastructure practice, Darren has over 18 years’ experience practising in both 'front-end' and 'back-end' construction and infrastructure law. 

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 where he began to specialise in construction and major projects.

Darren represents many leading commercial construction companies, and civil and infrastructure specialist contractors (with a national presence) on a broad range of projects and procurement methods, and provides expert advice on risk mitigation strategies for project delivery.

Darren has 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)

In addition to a range of mixed-use projects, Darren has been involved in the following 'front-end' major projects:

  • Epworth Hospital, Richmond, Victoria;
  • Regis Aged Care, Malvern East, Victoria;
  • Desalination Plant, Wonthaggi, Victoria;
  • Melbourne Star Observation Wheel, Victoria;
  • Karreenga Prison, Lara, Victoria;
  • RACV Cape Schank Resort, Victoria;
  • Growth Area Schools Project, Melbourne, Victoria;
  • Melbourne Rectangular Stadium, Victoria;
  • Emirates fitout, Melbourne International Airport, Victoria;
  • Aquarena Aquatic and Leisure Centre, Manningham, Victoria;
  • Simmonds Stadium, Geelong, Victoria;
  • Wyndham Harbour, Werribee South, Victoria;
  • Bendigo Theatre, Bendigo College, Victoria; and
  • Melbourne Airport MLS Tunnel, Victoria.

Darren is a member of the Law Institute of Victoria and Society of Construction Law Australia.

In the Doyle's Construction Guide 2018, Darren was recognised as a Leading Construction & Infrastructure Litigation Lawyer — Victoria.

Areas of practice

Construction and infrastructure (front end)

  • All aspects of contractual procurement for commercial, mixed-use, industrial and infrastructure projects:
    — Tender submissions
    — Early contractor involvement
    — Head contracts and subcontracts
  • Contract administration:
    — VO and EOT’s (claims and assessments)
    — Enforceability and impact of Time Bars
    — Prolongation and delay damages claims
  • Security of Payment Act:
    — Key amendments to construction contracts
    — Preparing payment claims and schedules
    — Adjudication submissions and responses

Construction and infrastructure (back end)

  • Supreme Court and County Court (commercial, industrial construction and infrastructure disputes)
  • VCAT (bulk-earthworks, major domestic)
  • Commercial arbitration / expert determination

Admitted to practice

  • Supreme Court of Victoria
  • England and Wales

Professional memberships

  • Law Institute of Victoria
  • Society of Construction Law Australia