The Madgwicks Building, Construction and Infrastructure Team provides front and back-end legal services for developers, builders, engineers, investors and financiers.
Our support begins with advice to borrowers, lenders and project management on structuring optimum project funding, including specialised securities, facilities management and preparing tripartite deeds and joint venture development agreements. We provide reliable guidance on the acquisition, development, disposal or leasing of commercial, industrial and residential properties and our Dispute Resolution and Litigation Team is experienced in handling development and construction disputes including disputes concerning security of payment legislation and accidents and other work health and safety matters.
We provide local and global arbitration services and litigation representation in all Australian Courts and Tribunals.
- Preparation and review of construction agreements and assistance and representation in contractual disputes that may arise during the construction stage
- Liaising with construction finance provider and providing review or drafting of optimal funding and taxation structure
- Preparation of off-the-plan contract or contracts of sale setting agreement, price, deposit, terms, conditions, sunset clause and settlement date
- Preparation of required documentation for easements, access licenses, s173 agreements and other matters required for the registration of subdivisions
- Preparation of project management agreements, term sheets, Memorandum of Agreements and other project due diligence advice
- Completion and interpretation of pre-acquisition property due diligence activities such as title searches, encumbrances, easements and existing covenant
- Reviewing and amending all types of property purchase agreements and negotiating on your behalf
- Advising on the optimal structure for the funding and tax treatment on land, commercial and industrial property acquisitions
- Preparation of banking and finance facility documentation for specialised securities, mezzanine finance, inter-creditor arrangements, subordinated debt and priority agreements and debt/equity swap arrangements
- Drafting specialised securities including tripartite and multi-party agreements, builders side deeds and property trusts
- Drafting and negotiating consulting agreements between developers and estate agents, architects, engineers and surveyors
- Advice, drafting and establishment of Owners Corporation for new developments, and ongoing operation and management documentation and management
- Advising and handling of development, building and construction disputes including workplace employee and subcontractor matters
- Advice and representation on WorkSafe investigations and engagements with other regulatory bodies concerning site and workplace safety compliance and incidents
- Advising and representation in disputes concerning security of payments on behalf of the builder or contracted services provider