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.
- 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.
Thinking| 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  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).
Thinking| 14 Jul 2016
The recent case of SCC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd  VSC 119 confirmed that mediation is not a ‘method of resolving disputes’ under the Building and Construction Industry Security of Payment Act 2000 (Vic) (Act).
Thinking| 18 Apr 2016
In the recent NSW Supreme Court decision of J Hutchinson Pty Ltd v Glavcom Pty Ltd  NSWSC 126, Justice Ball considered an adjudicator’s determination made under s 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).