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Construction, Infrastructure & Projects

Our team has a client-focused and value-driven approach designed to achieve our clients’ commercial objectives.

Construction, Infrastructure & Projects

Our Construction, Infrastructure & Projects Group works closely with clients to effectively manage contractual and commercial risk and to avoid, minimise and resolve disputes. Understanding clients’ objectives within the broader commercial and political context of their operations is a priority. 

Expertise

  • we specialise in all aspects of construction and infrastructure law with particular expertise in documenting and advising on complex projects 
  • we act for principals, developers, contractors, facilities managers, consultants and other industry participants
  • our clients range from major institutions to specialist consultants and subcontractors
  • we deliver front and back end services including tenders and project documentation; claims preparation and review; security of payment advice and claims (find out more about how we can assist with NSW security of payment legislation); contract administration, risk management and strategic project planning; alternative dispute resolution, litigation and arbitration; and residential building disputes (NSW).
  • we can help guide you through the new Modern Slavery laws. These new laws are significant and high-profile changes for the Australian business landscape that reflect a growing awareness for the need to address modern slavery both domestically and internationally - and all business and government executives need to ensure they are up to speed. Find out more about the new Modern Slavery laws and what we can do to ensure your business is compliant.

We have dedicated pages on the following key areas:

Arbitration

Read more about how our arbitration group provides clients with strategic and pragmatic advice on all aspects of arbitration, from drafting effective arbitration rules and agreements to representing clients in domestic and complex cross-border arbitrations and enforcing successful arbitral awards here.

Building Cladding

Building cladding issues and legislation are currently among the most important topics for the construction industry. To see what expertise we provide in this area, click here.

Procurement

Read more about our dedicated national Procurement practice group that provides services to a range of government and private sector clients here.

Renewable Energy

Information on our dedicated Renewable Energy team can be found here.

Experience

Advising and acting on behalf of clients in relation to construction disputes (substantive litigation in all superior courts, arbitration, expert determination and mediation) in a number of sectors including major commercial construction, civil works projects, infrastructure projects, water, energy and resources projects, PPP’s, LNG projects and mining projects. 

This includes advising on some significant projects

  • Wiggins Island Coal Export Terminal
  • GLNG Project
  • Abbott Point Coal Terminal
  • Riverside Walk
  • advising NSW Housing on a major social housing project in Glebe
  • advising the Northern Territory Government on the development of the Marine Industry Park (a 160 hectare development in Darwin)
  • advising a consortium on all aspects of its bid for Sydney International Convention, Exhibition and Entertainment Centre PPP
  • advising a consortium on its bid for the Sunshine Coast University Hospital PPP
  • advising financiers in relation to the O&M contracts for Lane Cove Tunnel project
  • advising financiers in relation to the widening and refinancing of the M5 toll road in New South Wales
  • acting in a major arbitration involving the construction of electricity and steam generation facilities at six Victorian hospitals involving companies from Australia, New Zealand, France and America (the Victorian Hospitals Cogeneration Project – VHCP)
  • advising an engineering company in relation to claims arising from the construction of an underground liquefied petroleum gas facility.


Recent Posts

24 August 2023 - Knowledge

NSW Government Bulletin: Supreme Court of NSW reminds contracting parties to follow the contract

#Government, #Construction, Infrastructure & Projects

As the purchaser of goods and services under innumerable contracts, government has a lot at stake if a contract is not implemented in accordance with its terms, whether that be for the smallest supply of goods or a major infrastructure project.

22 August 2023 - Knowledge

Practically (in)complete: Certifying ‘conditional’ practical completion

#Construction, Infrastructure & Projects

A recent ruling by the Supreme Court of NSW reminds contracting parties about the importance of understanding the agreed terms for practical completion and following them in any contract.

04 July 2023 - Knowledge

NSW Government Bulletin: HAP: A new approach to regional infrastructure contributions

#Government, #Property, Planning & Development, #Construction, Infrastructure & Projects

We look at the ‘housing and productivity contributions’ scheme introduced by the Minns government and how it may facilitate the provision of regional infrastructure that supports housing for a fast-growing population.

07 June 2023 - Knowledge

Residential Focus: Project Intervene held not a reason to stay proceedings

#Property, Planning & Development, #Construction, Infrastructure & Projects

A recent scheme aims to offer pathways to remediate serious defects in recently completed and occupied residential apartment buildings as an alternative to litigation.

07 June 2023 - Knowledge

Severing parts of adjudication determinations under SOP Act

#Construction, Infrastructure & Projects

The NSW Supreme Court has for the first time exercised its discretion to sever part of an adjudication determination affected by a jurisdictional error under section 32A of the Building and Construction Industry Security of Payment Act 2002 (SOP Act).

01 June 2023 - Knowledge

NSW Government Bulletin: Recent developments in rail

#Government, #Property, Planning & Development, #Transport, Shipping & Logistics, #Construction, Infrastructure & Projects

With the imminent launch of the High Speed Rail Authority, we look into some of the thinking behind it, as well as the recent reviews into Inland Rail and Sydney Trains to identify common themes.

25 May 2023 - Knowledge

Residential Focus: Jurisdiction to deal with DBPA claims – the story so far

#Property, Planning & Development, #Construction, Infrastructure & Projects

New legislation provides a potential solution for defect claims time barred under the Home Building Act 1989 (NSW) statutory warranties however uncertainty arises regarding the NSW Civil and Administrative Tribunal jurisdiction to deal with breach of statutory duty.

10 May 2023 - Knowledge

Residential Focus: No permit, not on title? Still liable as an owner-builder

#Property, Planning & Development, #Construction, Infrastructure & Projects

The Appeal Panel has in a recent decision expanded the circumstances in which a person may be considered an 'owner' and an 'owner-builder', and therefore owe statutory warranties under the Home Building Act 1989 (NSW).

26 April 2023 - Knowledge

Residential Focus

#Property, Planning & Development, #Construction, Infrastructure & Projects

The NSW Court of Appeal has dismissed an appeal, confirming that additional defects are part of a single cause of action for breach.

17 April 2023 - Knowledge

Decoding design and construct contracts: Defects (Part 6)

#Construction, Infrastructure & Projects

In the sixth instalment of this series on the AS4902 standard form design and construct contract, we discuss how contracts deal with defective work and rectification.

14 April 2023 - Knowledge

Residential Focus

#Property, Planning & Development, #Construction, Infrastructure & Projects

We look at a recent case which considered whether the NSW Civil and Administrative Tribunal has the power to extend the period of time within which parties may commence proceedings under section 106 of the Strata Schemes Management Act 2015 (NSW).

06 April 2023 - Knowledge

NSW Government Bulletin

#Government, #Construction, Infrastructure & Projects

In this edition, we look at the amended unfair contract terms regime due to come into effect at the end of 2023, and discuss how those changes are relevant to government not withstanding the application of crown immunity.