Building & Construction

Our Building and Construction team provides legal support across all aspects of the building and construction industry.

Our lawyers understand the building and construction sector and pride themselves on responsive legal services driven by a passion for client outcomes and success. Our team provides integrated legal solutions from start to finish supporting clients across the entire ambit of the sector including developers, builders, engineers, investors and financiers.

Our team seeks to be involved from the inception of projects and commercial arrangements to ensure the protection of our client's interests from commencement to completion.

The services we provide in the Building and Construction area include:

Project Documentation

• Preparation of tenders;
• Advice on planning issues;
• Contract advice and negotiation; and
  
• Drafting contractual and commercial documentation.
  

Contract administration

• Advice on compliance issues;
• Support in relation to claims procedures; and
  
• Advice on security of payment contractual provisions.

Specialist Finance

• Facilities management;
• Securities;
• Advice on construction finance; and
  
• Preparation of tri-partite deeds and joint venture development agreements.

Dispute Resolution

• Advice on dispute resolution strategies;
• International and domestic arbitration;
• Security of payment disputes;
  
• Domestic building contract disputes; and
  
• Litigation in all courts and tribunals.

Our experience in the Building and Construction area includes:

• Drafting and negotiating an engineering, procurement and construction (EPC) contract for an A$48M diesel power station facility;
• Drafting and negotiating contracts for civil works, independent living units and community centre respectively for numerous retirement village projects and associated construction law advice on the projects;
• MOU with a state owned company established by the Indonesian Government for parties’ cooperation and joint participation in the construction and/or development of toll roads in Indonesia;
• Advising Infratil Energy Australia Pty Ltd on major documentation, corporate, construction and operational issues relating to the development and network connection of the following power stations: Angaston & Lonsdale Power Stations, South Australia and HEZ Power Station, New South Wales;
• Negotiation and drafting of complex construction contract for CBD high-rise development including mezzanine funding and security arrangements for the builder;
• Drafting complex tri-partite agreements and multi-party deeds for major and specialist construction lenders including step-in rights and cross-collateralised securities provisions;
• Negotiating and drafting of builder’s side deed in connection with the funding for a mixed use inner city high-rise development including step-in rights for senior lender and equity funding for participants;
• Rolls-Royce Australia Ltd: acting for this client in respect of a large commercial arbitration involving the construction of a $40M steam processing plant;
• Representing a large Australian developer in an action against a large structural and civil engineering consultancy contractor for claims involving negligence, Trades Practices claims and breaches of contract;
• Acting for an Australian engineering firm in a $60m international arbitration regarding the construction of a naval facility in Asia; and
  
• Acting for the Responsible Entity for a public retirement and aged care unit trust listed on the ASX in relation to claims under Security of Payment legislation.