Amcor takes on builders
The Botany facility will transform Amcor's recycled paper and cardboard production - it can produce 400,000 tonnes of paper annually and deliver huge water, energy and waste savings, the company maintains.
But Amcor is seeking documents from the joint venture and other contractors covering a two-year period between 2008 to 2010 when the $500 million project in Sydney's south went to tender and preliminary work began, via legal discovery in the Federal Court.
It wants internal notes detailing the "involvement of Bilfinger or Valemus in the process of deciding to tender, and preparing, pricing and/or working on the details of the offer for the B9 Project", court documents show.
Bilfinger Berger changed its name in 2010 to Valemus.
Construction of the new mill started in early 2011 and it was officially opened last month. Its commissioning resulted in Amcor ceasing operations at its Fairfield plant in Melbourne late last year.
The company was forced to temporarily delay the B9 mill project in late 2009 when costs were renegotiated with the Baulderstone-Bilfinger Berger joint venture.
Court documents show Amcor is concerned Baulderstone was required to get approval from Bilfinger to enter into a guaranteed maximum price contract for the new facility.
The company sought any documents relating to Bilfinger refusing or withdrawing approval for the contract.
The broad-brush application sought "copies of all policies, delegations, authorities, minutes or resolutions ... relevant to Baulderstone's authority to tender for, or enter into a contract with a value range in excess of $100 million".
It was listed for a directions hearing before Justice Michelle Gordon this week.
Amcor names both current and former Baulderstone executives Ian Luck, David Lougher and Richard Turchini in its action. Mr Luck is Baulderstone's managing director and Mr Lougher heads its project engineering division, while Mr Turchini recently left the managing director role.
The company's defunct factory on Melbourne's Yarra River is in a prime inner-city residential location and has been touted to prospective buyers with a $220 million price.
Decommissioning works are under way at the plant.
Frequently Asked Questions about this Article…
Amcor has launched legal proceedings in the Federal Court seeking discovery of documents and communications between Baulderstone and its joint‑venture partner Bilfinger Berger (which changed its name to Valemus in 2010). The company is asking the court to order production of internal notes, policies and other records from the 2008–2010 tender and preliminary work period for the B9 (Botany) project.
Amcor is seeking internal notes about the involvement of Bilfinger/Valemus in deciding to tender, preparing, pricing or working on the offer for the B9 project. It also wants any documents relating to Bilfinger refusing or withdrawing approval for contracts and copies of policies, delegations, authorities, minutes or resolutions relevant to Baulderstone’s authority to tender or enter contracts above $100 million for the 2008–2010 period.
The Botany B9 paper mill is Amcor’s newly commissioned recycled paper and cardboard facility in Sydney’s south. According to the company, it can produce 400,000 tonnes of paper annually and delivers significant water, energy and waste savings compared with previous operations.
The B9 project is described as a $500 million development. The tender and preliminary work took place in 2008–2010, construction started in early 2011, and the mill was officially opened last month (relative to the article).
Amcor temporarily delayed the B9 mill project in late 2009 because project costs were renegotiated with the Baulderstone–Bilfinger Berger joint venture, prompting the pause before work resumed.
Yes. Commissioning of the Botany mill led Amcor to cease operations at its Fairfield plant in Melbourne late last year. Decommissioning work is under way at the Fairfield site on the Yarra River, which has been touted to prospective buyers with a $220 million asking price.
Amcor names both current and former Baulderstone executives in its action: Ian Luck (Baulderstone’s managing director), David Lougher (who heads project engineering) and Richard Turchini (who recently left the managing director role).
Amcor’s broad discovery application was listed for a directions hearing in the Federal Court before Justice Michelle Gordon.
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