Construction
Though not without its challenges, the construction industry is one of the largest employers in Australia.
It generates billions in revenue and is set for continued growth.
The construction industry is an integral backbone of the Australian economy, enabling continued population growth, infrastructure expansion and opportunities for investors.
However, with the risks and challenges affecting the overall construction industry, from raw material shortages and pricing increases to skill shortages and an increase in collapsing companies, it’s vital to seek experienced legal counsel to help navigate challenging times, so your company can come out strong.
How we can help
Our national construction law team guides clients through the challenges of front and back-end construction issues, from initial contracts to dispute resolution. We advise on medium to large-scale construction and infrastructure projects, particularly energy projects, social and affordable housing and related social infrastructure and large-scale construction development projects.
With specialist expertise advising on procurement, risk analysis and project structuring, financing and delivery, we negotiate and prepare the highest quality development and project delivery agreements, PPP concession agreements, EPC contracts, design and construction contracts (including Australian Standards), equipment supply (with or without installation), BOOT/BOO, DBFM and DBOM contracts, frame agreements, early contractor involvement and alliance contracts.
Working with our construction lawyers, our clients benefit from extensive expertise and commercial insight. We advise a wide range of clients, including:
- institutional and private developers
- commercial, residential and industrial builders
- construction consultants
- financiers
- state and local governments
- hospitals, health and aged care providers
- owners, operators and developers of transport, energy, utility and social infrastructure.
We have specialised knowledge and experience to advise clients operating in highly regulated and complex industries, such as the energy sector, NDIS accommodation and social and affordable housing projects.
‘Hall & Wilcox have a high-quality team and leadership. They have a highly integrated team, and they are very client-focused and responsive.’
Chambers Asia Pacific Guide 2024
Dispute resolution
While risk management and dispute avoidance are always central to our approach, where disputes are unavoidable, we are ready to help. Our team advises and acts in relation to complex, often high value building disputes relating to delay, disruption and variation claims, defects, bank guarantee recovery, security of payment claims, liquidated damages, and other contractual and negligence claims in all Australian jurisdictions.
We have assisted with urgent injunctive proceedings in relation to multi-million-dollar SOPA claims, defects and negligence claims and combustible cladding disputes.
Disputes over property contracts can arise despite the best planning and management. Our team of experienced lawyers take a strategic and commercial approach to resolve building disputes.
Through our analysis and negotiation strategies, we guide clients through the dispute process and advise on the steps to take for the best possible outcomes. We advise on the full range of issues that arise from building and construction disputes, including claims for delay, security payments, variations, extensions of time and defects.
We assist in:
- advising on contract structuring and risk allocation
- negotiating contracts
- facilitating expert appraisals/determinations
- representing builders in licensing proceedings
- advising on prospects and procedural options
- representing clients in trade practices disputes regarding building or construction contracts
- representing clients in litigation, arbitration and mediation proceedings.
Our construction expertise
Residential, commercial/retail developments, health and aged care projects
We provide advice, analysis and all necessary documentation for significant capital and infrastructure works for large scale residential, commercial and retail developments. We are also known for our work in relation to health and aged care projects including the development of new retirement villages, aged care and hospital facilities.
Urban renewal and social and affordable housing projects
We have specialist expertise in this sector, advising on the procurement, development and delivery of social and disability housing and associated social, transport and utilities infrastructure. We also work with state and local governments and other stakeholders to deliver complex precinct and regional redevelopment projects.
Energy, resources and utilities projects
We provide regulatory advice, negotiation and preparation of all documentation for infrastructure procurement, delivery, operation and management including telecommunications, roads, rail, gas pipeline and electricity, battery, solar, wind and hydro projects.
Our construction experience
Northwest Healthcare
Assisting a leading global healthcare REIT with designing and running the tender process for the engagement of a construction contractor to undertake the design and construction of a hospital.
McLaren Group
Assisting the property developer with the construction of two industrial estates in South East Melbourne.
Ausnet Services
Advising the energy company on the Victorian Government’s large scale battery energy storage program.
Corio Bay Dairy Group
Acting for the dairy nutrition company in relation to the development of an organic milk spray drying facility.
Impact Investment Group
Acting for the leading Australian impact funds manager in relation to real estate, front-end and back-end construction matters Australia wide.
Victorian Pride Centre
Acting as the primary legal advisor to this unique organisation, which was entrusted with the task of building and then operating Australia’s first Pride Centre, working closely with the Victorian Government at various stages of the project.