Samar Chowdhery

BA(H)(Intl), LLB(H)(Intl), JD
Legal secretary: Wendy Exon
☎ +61 3 8600 8804

Samar is a member of KCL Law’s Construction and Infrastructure practice, where he represents various parties involved in construction and infrastructure projects. He assists head contractors, developers, subcontractors, suppliers, engineers, and owners in both the initial and final stages of such projects, including matters related to Victoria’s Building and Construction Industry Security of Payment Act.

Samar has extensive experience advising different stakeholders in the construction industry, including international conglomerates, national construction companies, commercial and domestic developers, government agencies, engineering firms, subcontractors, suppliers, and not-for-profit organisations. He covers a wide range of construction and infrastructure issues in his practice.

With over 5 years of experience in construction law, Samar has provided guidance to clients on a diverse set of issues throughout various phases of construction projects. This includes reviewing and drafting contracts, managing project delivery, and resolving disputes after completion. Samar’s approach emphasises offering detailed and practical advice tailored to efficiently resolve disputes and address contract management concerns, all while keeping his clients’ commercial interests in focus.

Before joining KCL Law, Samar served as an associate at a global law firm and a boutique construction law firm. In those roles, he represented contractors, developers, owners, subcontractors, suppliers, engineers, and not-for-profit organisations. He frequently appeared in contested and uncontested interlocutory applications, mediations, compulsory conferences (VCAT), pre-hearing conferences, and mediations (Magistrates’ Court of Victoria). Samar also worked as an instructing solicitor in the County Court of Victoria and the Supreme Court of Victoria.

In addition, Samar is an active member of the Law Institute of Victoria and the Society of Construction Law Australia.

Samar obtained his Juris Doctor from the University of Sydney and was admitted to practice in 2017. He also holds a Bachelor of Arts (with Honours) and a Bachelor of Laws (with Honours) from a leading university in New Delhi, India.

Areas of practice

Construction and infrastructure (front-end)

  • Drafting, reviewing, and advising on a variety of construction contracts, including AS, bespoke, MBAV and HIA contracts for ‘design and construct’, ‘construct only’, early contractor involvement, supply, services, construction management, tripartite and builder’s side deeds
  • Contract management, including issue of, and response to, notices under contract
  • Drafting, reviewing, and advising on consultancy agreements
  • Dispute negotiation and risk allocation
  • Advising on dispute avoidance and preservation of professional relationships

Construction and Infrastructure (Litigious)

  • Pre-litigation advice
  • Claims and responses under security of payment legislation (Victoria)
  • Disputes under contract and at law relating to performance of, and payment for, works, delays, extension of time, latent conditions, security, proportionate liability, variations, and defects
  • Supreme Court, County Court, and Magistrates’ Court (construction and commercial disputes)
  • VCAT (domestic building disputes)
  • Briefing and instructing Counsel and experts
  • Appearances (directions, applications, mediations/compulsory conference, instructing solicitor)
  • Creditor’s Statutory Demands and Bankruptcy Notices
  • Negotiating and preparing settlement agreements, including guarantees and indemnity
  • Insurance claims