Construction

 

Our construction team has both front-end and back-end construction law expertise.

We draft and advise on tender, contractual and development documentation. We also advise on project structuring, including tax considerations and risk allocation.

We advise on dispute avoidance and, where disputes are unavoidable, act in disputes about complex delay, disruptions, variations, defects, bank guarantee recoveries, liquidated damages, contracts and negligence.

Experience

  • Preparing construction contracts and service and maintenance contracts for Centro and AMP shopping centres Australia wide. This included preparing and negotiating project management agreements, consultancy agreements, design and construction contracts and all service contracts.
  • Preparing development agreements and related documentation for developments with 100+ residential apartments on Dudley Street, West Melbourne, Smith Street, Collingwood and Warde Street, Footscray.
  • Representing institutional developers including Australian Unity, Challenger and AMP in respect of residential, commercial and retail property developments (up to $500m) throughout Australia. This work included preparing and negotiating infrastructure supply contracts and all other project documentation.
  • Acting for the ISPT / Cbus joint venture in the development of two office buildings, a hotel and a further building as the successful developer for the South East Stadium Precinct at Docklands which included preparation of Construction Contracts and Consultancy Agreements and negotiation of the Development Agreement.
  • Preparing complex project documentation for the EY Building in Melbourne – a $250 million plus project which involved the construction of residential, retail and office space in and above an existing heritage building in the Melbourne CBD.
  • Preparing complex project documentation for One40 William Street, Perth – a $300 million plus project which involved the construction of three commercial and retail towers above an existing heritage building in the Perth CBD.
  • Acting on behalf of the consortium of financiers in relation to the South Wharf Development, Melbourne, valued at approximately $1 billion.
  • Providing advice and preparing construction documentation in relation to the refurbishment and construction of commercial buildings such as Collins Place, 222 Exhibition Street and 600 Bourke Street in Melbourne, 33 Alfred Street and NAB House in Sydney and the Quayside on Mill in Perth.
  • Preparing and negotiating all project documentation, including consultancy agreements, construction, service agreements and large scale engineering agreements for the $250m refurbishment of CSR’s Yarraville plant.

Key contacts

John advises principals in relation to the appropriate joint venture and development arrangements and regarding the appropriate delivery mechanism...

Rebecca's areas of expertise include the preparation of design and construction documents, and construction dispute advice and litigation...

Related thinking

Property & Projects| 20 Oct 2020

NSW: Australia’s ‘build-to-rent’ state

The absence of an Australian ‘build-to-rent’ market has been a hot-button issue for a number of years. However, murmurings about 'build to rent' have more recently developed into enthusiastic chatter and gained genuine traction, with NSW leading the way.

Property & Projects| 10 Sep 2020

Deconstructing the reopening roadmap: guidance for employers at large-scale construction sites in metropolitan Melbourne

The Victorian Government has published a specific roadmap and guidance for the construction industry in addition to their four-step plan. This guidance includes information relating to small and large scale construction sites and early stage development sites.

Property & Projects| 02 Sep 2020

Stage 4 and beyond: the five worker cap at large-scale construction sites in Victoria

Despite the Victorian Stage 4 restrictions being in place for several weeks, it is clear that many employers at large scale construction sites are uncertain about how the cap on the number of workers permitted on site operates in practice.

Property & Projects| 20 Sep 2017

Dispute resolution clauses: When the road to a binding determination is paved with non-binding options

The recent case of Contract Control Services v Department of Education and Training [2017] VSC 507 provides further clarification on what constitutes a ‘method of resolving disputes’ for the purpose of satisfying the requirement in section 10A of the Building and Construction Industry Security of Payment Act 2002 (Act).