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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- 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 here about the new Modern Slavery laws and what we can do to ensure your business is compliant.

We also have dedicated pages on the key areas of Procurement and Building Cladding.

Procurement

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

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

11 May 2022 - Knowledge

Conflicts of interest for building certifiers in NSW – what happens when a transitional provision doesn’t last long enough?

#Construction, Infrastructure & Projects

The exemption to the conflict of interest prohibition for principal certifiers appointed before 1 July 2020 on projects completed by July this year has undue impacts on projects delayed as a result of the COVID-19 pandemic and extreme weather events.

04 May 2022 - Knowledge

Residential Focus

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

The Audit Office of NSW has released a report on how effective the Department of Customer Service and Department of Planning and Environment have been in dealing with combustible external cladding.

20 April 2022 - Knowledge

Residential Focus

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

Building practitioners wanting to install a ground anchor under a neighbouring property will no longer need to present a registered easement following an updated order under the Design and Building Practitioners Act.

13 April 2022 - Knowledge

When are discretionary powers subject to the obligation of good faith?

#Construction, Infrastructure & Projects

We consider two recent decisions that determine whether the obligation to act in good faith applies to contract terms that give one party a power exercisable at their 'sole discretion'.

13 April 2022 - Knowledge

NCAT terminates oppressive building management contract

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

A recent tribunal decision has shown how a building management agreement may be terminated under section 72 of the Strata Schemes Management Amendment Act 2002 (NSW).

23 March 2022 - Knowledge

Residential Focus

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

The NSW Fair Trading currently issues builders with an owner-builder permit to build a dual occupancy only if the purpose of the build is for ‘special circumstances’. What does this mean? We explain through a recent case between a licensed builder and the Commissioner for Fair Trading.

09 March 2022 - Knowledge

Residential Focus

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

In the context of rising material costs, much has been written lately on the risk to contractors of lump sum contracts. A recent decision, Aslan v Stepanoski [2022] NSWCA 24, demonstrates the flip side – the risk to owners of a bad bargain.

23 February 2022 - Knowledge

Residential Focus

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

We look at a tribunal decision that reminds owners to be mindful that the right to terminate a construction contract at general law is separate and distinct from a right to terminate under contract.

09 February 2022 - Knowledge

Residential Focus

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

The recent decision in Zhang and Mills v JSW Property Projects Pty Ltd and Ors [2021] NSWDC 655 serves as a reminder that directors of incorporated builders do not assume contractual obligations simply because they are the face of the company.

22 December 2021 - Knowledge

What (SOPA claims) are you getting for Christmas?

#Construction, Infrastructure & Projects

As the holiday period soon begins, we remind principals and head contractors to stay on top of Security of Payment claims and applications which may land over the shutdown period, to avoid nasty surprises in the new year.

08 December 2021 - Knowledge

National Native Title Tribunal decides a mining lessee has not negotiated in good faith

#Native Title & Indigenous Cultural Heritage, #Construction, Infrastructure & Projects

The National Native Title Tribunal has dismissed a mining lessee’s application to be granted a mining lease because they failed to act in good faith when negotiating with the affected native title holders.

07 December 2021 - Knowledge

Queensland Government Bulletin

#Government, #Construction, Infrastructure & Projects

With Government departments relying on external consultants to superintend construction contracts, it is important to understand how the Government can be bound by the actions of its consultant under the Building Industry Fairness (Security of Payment) Act 2017.