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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

25 June 2024 - Knowledge

Preparing for mandatory climate reporting in the construction industry – what you need to know

#Construction, Infrastructure & Projects, #Environmental, Social and Governance (ESG)

Draft legislation has been introduced to require large and medium-sized companies to comply with new financial disclosures on climate impacts. We outline what the requirements are and how construction companies can prepare.

18 June 2024 - Knowledge

DBPA insurance requirement deferred

#Construction, Infrastructure & Projects

The requirement for registered building practitioners to have adequate insurance under the Design and Building Practitioners Act 2020 (DBPA) has been further deferred by new regulations.

17 June 2024 - Knowledge

Queensland Government Bulletin: Managing defective design or building work in government projects

#Government, #Construction, Infrastructure & Projects

Construction defects can significantly impact a project’s safety, integrity and budget. This edition covers key concepts including defects liability period, a contractor’s right to remedy defects and maintaining privilege during defect investigations.

13 February 2024 - Knowledge

Some welcome clarity on when retention moneys can be claimed in payment claims under the SOP Act

#Construction, Infrastructure & Projects

The Supreme Court of Victoria has held that contractors can claim retention moneys as part of a ‘payment claim’ under the Building and Construction Industry Security of Payment Act 2002 (Vic).

29 January 2024 - Knowledge

Building bond to increase from 1 February 2024

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

From 1 February 2024, any building bond given on or after this date will be 3 per cent of the contract price for the building work. We look at the change and alternatives for developers.

17 January 2024 - Knowledge

More welcome clarity on SOP Act payment claims: Security called on by principal cannot be claimed

#Construction, Infrastructure & Projects

A recent decision in the Supreme Court of NSW highlights the difference in how courts treat retention moneys and security bonds/bank guarantees under security of payment legislation.

14 January 2024 - Knowledge

Engineers’ professional conduct that could trigger investigations

#Construction, Infrastructure & Projects

Following the outcome of a recent disciplinary proceeding against an engineer in Queensland, we discuss the types of conduct that could lead to an investigation and potential disciplinary proceedings.

05 December 2023 - Knowledge

2024 forecast: Significant changes to the Victorian security of payment regime

#Construction, Infrastructure & Projects

Following the Victorian Government’s recent inquiry into employers and contractors refusing to pay their subcontractors for completed works, 28 recommendations have been made to amend the Building and Construction Industry Security of Payment Act 2002.

28 November 2023 - Knowledge

Arbitration – the right to arbitrate

#Construction, Infrastructure & Projects, #Arbitration

Arbitration is an increasingly common form of dispute resolution in the Australian construction industry. In this article, we consider who is bound to arbitrate, as it is not always limited only to the parties to the contract

15 November 2023 - Knowledge

Justice Legislation Amendment Act 2023 (Vic) clarifies VCAT jurisdictional issues

#Construction, Infrastructure & Projects

Amendments introduced to address legal and procedural issues in the Victorian Civil and Administrative Tribunal (VCAT) will provide greater certainty, efficiency and cost savings for litigants, particularly in domestic building disputes.

08 November 2023 - Knowledge

Recovering security in construction contracts: Learnings from Western Australia

#Construction, Infrastructure & Projects

We consider the challenges associated with recovering performance security under construction contracts, and how Western Australia has legislated to overcome these challenges.

03 November 2023 - Knowledge

Queensland Government Bulletin: Extra diligence required in responding to a contractor’s payment claim

#Government, #Construction, Infrastructure & Projects

The NSW Supreme Court decision of Turnkey v Witron has raised concerns on the validity of payment schedules where only part of the payment claim is addressed.