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.

Services

  • 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

Our Experts

John Caridakis

Partner
John has extensive experience representing clients in litigious matters and disputes relating to property, contracts, building and construction, lending and mortgages, trade practices and shareholder oppression.
James practices in the areas of commercial property and leasing, property development and commercial law with particular specialisations in developments, property syndications/structuring, leasing, property litigation and joint ventures and other commercial agreements.

Angelo Conti

Partner
Angelo has acted in a number of high-profile corporate collapses and is an experienced insolvency practitioner with a commercial outlook who takes a holistic approach in determining the best course of action.

Laurance Davis

Partner
Laurance leads the successful Madgwicks Property team with expert knowledge in property and property finance and the ability to drive deals for his dedicated network of clients.

Thought Leadership & Past Experiences

Tools down, or are they? Are Domestic Building Disputes ever really done?

Domestic Building disputes occur frequently in Victoria, as well as the rest of Australia, for many reasons whether it be due to alleged defective works or unnecessary delay. When settling such disputes, it is vital to ensure that your Terms...
20 May, 2020

Oh Mann! High Court clarifies availability of quantum meruit claims

In brief On 9 October 2019, the High Court handed down a landmark judgment which has restricted the ability of contractors to rely on the long-standing option of claiming quantum meruit. What used to be an alternative method of relief has...
7 November, 2019

Owners, developers, head contractors, subcontractors, suppliers: Beware of your rights and obligations in recovering and disputing payments

Owners, developers, head contractors, subcontractors and suppliers in Victoria need to be aware of the strict payment and dispute requirements set out in the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act). The Act explained Under the Act, there are...
11 April, 2017