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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 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

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.

05 October 2022 - Knowledge

Residential Focus

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

In a recent decision, the Supreme Court of NSW closed a potential pathway for claims to be brought after the expiry of the statutory warranty period, where the statutory warranties are expressly contractual.

20 September 2022 - Knowledge

Residential Focus

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

In this edition, we put a spotlight on the commercial fit-out exception in the Design and Building Practitioners Regulation 2021.

19 September 2022 - Knowledge

Court dismisses rigorous legal analysis and excessive formality for SOP adjudications

#Construction, Infrastructure & Projects

The Supreme Court of Victoria has dismissed an application to quash an adjudication determination because it found there was no jurisdictional error when the adjudicator decided to proceed with the adjudication under clause 9(2)(b) of the Security of Payment Act despite technical obligations.

18 September 2022 - Knowledge

Latent conditions in civil construction: Does a latent condition exist? (Part 1)

#Construction, Infrastructure & Projects

In this two-part series, we consider some of the guiding principles as to how a latent condition clause applies by revisiting a case between a construction company and an urban development authority.

09 September 2022 - Knowledge

Decoding design and construct contracts: Time (part 4)

#Construction, Infrastructure & Projects

In the fourth article of the series we discuss how contractors and principals use time under the AS4902 and at law.

07 September 2022 - Knowledge

Residential Focus

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

In this edition, we discuss a decision in which s.18G of the Home Building Act, was found to impose a limit on the ability of a builder to contractually limit its liability.

24 August 2022 - Knowledge

Residential Focus

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

In this edition, we look at a recent decision in the Tribunal, where a builder was found to be in serious breach of a contract where it failed to ensure that it and its subcontractors were appropriately licensed to carry out the works.