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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:

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

15 March 2023 - Knowledge

Residential Focus

#Construction, Infrastructure & Projects

A recent regulation has expanded the classes of buildings to which the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) and the compliance provisions of the Design and Buildings Practitioners Act 2020 (NSW) will apply.

15 March 2023 - Knowledge

Certificates of practical completion and reference dates: Lessons from Hutchinson v Transcend

#Construction, Infrastructure & Projects

We look at three key issues raised in a recent Supreme Court ruling on ‘reference dates’ under a construction contract and whether informal emails from superintendents can constitute certificates of practical completion.

14 March 2023 - Knowledge

Contribution claims are outside VCAT’s jurisdiction

#Construction, Infrastructure & Projects

A recent decision considered whether the Victorian Civil and Administrative Tribunal (VCAT) lacks jurisdiction to determine contribution claims brought under Part IV of the Wrong Act.

09 March 2023 - Knowledge

Residential Focus

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

In a recent decision on the statutory duty established by the Design and Building Practitioners Act 2020, the Court has found that the proportionate liability provisions of the Civil Liability Act 2002 do apply to claims for breach of the statutory duty.

08 March 2023 - Knowledge

Housing Australia Future Fund legislation – is it a game-changer for the housing crisis?

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

The federal government’s proposed legislation for a $10 billion investment fund to build new social and affordable housing has been passed by the lower house. Will this solve Australia’s ongoing housing crisis?

22 February 2023 - Knowledge

Residential Focus

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

The NSW Court of Appeal has confirmed that the statutory duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW) applies to all buildings as defined in the Environmental Planning and Assessment Act 1979 (NSW), and not just to class 2 buildings and residential building work.

14 December 2022 - Knowledge

Residential Focus

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

In this edition, we provide the next instalment of our digest of recent cases on the Design and Building Practitioners Act 2020, legislation which has significantly impacted day-to-day practice in the NSW construction industry for class 2 buildings.

30 November 2022 - Knowledge

Residential Focus

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

In its continued efforts to overhaul the behavioural norms of the NSW building industry, the NSW Government has introduced a series of amendments designed to improve transparency and confidence in the industry.

11 November 2022 - Knowledge

Decoding design and construct contracts: Variations (Part 5)

#Construction, Infrastructure & Projects

We discuss how contracts are varied and the resulting price adjustments to the contract.

02 November 2022 - Knowledge

Residential Focus

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

In this edition, we look at the latest decisions on the Design and Building Practitioners Act 2020 (NSW), which takes a broad approach to the application of the statutory duty of care.

01 November 2022 - Knowledge

Latent conditions in civil construction: What constitutes ‘forthwith’ notification? (Part 2)

#Construction, Infrastructure & Projects

In this instalment, we discuss the obligation to give notice of a latent condition by revisiting the trial and appeal decisions of a dispute between BMD Major Projects Pty Ltd and Victorian Urban Development Authority.

19 October 2022 - Knowledge

Residential Focus

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

A recent decision of the NSW Supreme Court revisits the Onerati principle post section 18E(2), in a successor in title context.