Services

Projects & Construction

Who we are

We have a proven track record advising on iconic, high profile developments in the commercial, residential and infrastructure space.

Legal work in the construction and property development industries requires a comprehensive understanding of process and risk, and an ability to apply this understanding to all aspects of a project. Our team has dedicated experts in their respective fields and for both transactional matters and disputes, ensuring that clients get the highest quality advice and representation.

We assist with the negotiation, drafting and entry into effective development and construction contracts that meet clients’ commercial risk allocation requirements. Our advice on potential claims and disputes is focussed on maximising our clients’ positions, while minimising expenditure on costly disputes.

What we do

We are known for obtaining outstanding outcomes for clients in relation to both transactions and disputes.

We advise on infrastructure and project finance matters, as well as strata and community development matters.

Our expertise includes:

  • Drafting/negotiation of contracts for commercial, industrial, retail and residential developments and transport infrastructure
  • Advising on key legislation affecting the construction and transport industries, particularly Security of Payment
  • Advice on tendering, probity, project briefs and contractual arrangements between the public and private sector
  • Risk reviews of contract documentation for bid purposes including drafting lists of exclusions, clarifications
  • Advising on contract management, compliance, risk management and performance monitoring
  • Dispute resolution in all major jurisdictions including mediation, expert determination, adjudication, dispute review boards, arbitration and litigation.

Recent projects

  • Engaged to draft and negotiate construction delivery documentation including all consultant agreements (over 20 in major and minor formats), early works D&C Contract for excavation, shoring and water retention systems and the Main Works D& C Contract for HPG’s $700 million One Sydney Park mixed use residential development involving construction of 356 apartments across 8 six storey buildings.
  • Engaged to draft and negotiate the construction delivery documentation for Mirvac’s major upgrades and renovations of its commercial, industrial building assets across Australia including particularly buildings at 25 – 55 Collins St, retail building asset at 1 Bay Street, Ultimo, 255 George Street, 200 George Street, 31 Market St, 20 Bond St, 1 Darling Island, 47 Percival St, 380 St Kilda Rd, & 90 Collins St, Melbourne and 65 Pirrama Rd, NSW and retails assets at Birkenhead Point, Broadway, Orion Shopping Rhodes Waterside, Allendale Square, Perth.
  • Engaged to draft and negotiate the construction delivery documentation including D&C Contracts and all consultant agreements for multiple projects as part of an upgrade of major commercial building asset at 120 Collins Street, Melbourne on behalf of Investa.
  • We have advised Hutchinson Builders on taking the reins from ProBuild and assisting Cbus complete the construction of the 443 Queen Street Brisbane project. We have assisted with challenges including: preparing and negotiating novation deeds for subcontractors previously engaged by ProBuild, insurance work associated with water damage to be undertaken under a separate contract and early works including extensive dilapidation reports to baseline responsibility for the works and to ensure the project can be completed as soon as possible.
  • We advise ESR Australia on the design and construction of a range of industrial and business park developments all over Australia including Westlink Logistics Park, Horsley Business Park and Leppington Industry Park for leading global and local businesses including Amazon, Toll Transport and Artisan Stone.
  • We are advising on The Newlands project on Sydney’s lower north shore. It is an ecologically responsible master-planned community including demolition of existing structures and construction of five residential flat buildings, comprising 330 apartments and basement parking for 372 vehicles as well as a central park, with landscaping, common pool, playground and public art.
  • We are advising Altis on a built-to-rent development in Liverpool (western Sydney) that will be held as rental accommodation for key worer essential housing for eligible workers employed in essential industries. The project comprises 29-story residential tower providing 312 residential units and basement parking for 542 cars on a 8,000 sqm A-Grade office and ground floor retail space.
  • We were selected by the Owners Corporation for Mascot Towers to act on their behalf in a significant, technically complex and high-profile case that stems from the evacuation of two residential towers in Mascot with over 130 units, following severe cracking being identified in supporting beams.
  • We were retained to assist in the drafting and execution of numerous contracts and agreements with principals and contractors to facilitate developments and works for comprehensive upgrades of the Bankstown Airport precinct. We prepared template contracts reflecting the client’s preferred risk profile and which provided a streamlined process for contractor engagement and negotiations.
  • We are assisting Top Spring in developing a mixed-use 18 ultra-luxurt apartment building over 5 floors with ground level retail and 2 levels of basement parking at 19-27 Cross Street, Double Bay (Sydney). Our scope of work for this project includes: preparation of an AS4902 Design and Construction Contract and Early Contractor Involvement Agreement, assisting in negotiations between the parties and amending Contracts accordingly and preparation of Licence Deeds and assisting in negotiations between the neighbour and client regarding access to neighbouring land.

Front End

Recent matters include:

  • Acting for Charter Hall on the construction documentation, issues advice and dispute resolution of almost all of its development group’s projects
  • Acting for Investa Property Group on the construction documentation of multiple significant commercial office building upgrades/refurbishments including: 1 Market Street, Sydney, 120 Collins Street, Melbourne, 400 George Street, Sydney, 140 Creek Street, Brisbane, 255 Elizabeth Street, Sydney, 259 Queen Street, Brisbane, and 410 Ann Street, Brisbane
  • Providing complete project delivery advice to the Billbergia/AMP Joint Venture’s mixed use Skytower development, set to be the tallest in Brisbane.

Back End

Recent matters include:

  • Advising Laing O’Rourke in Federal Court and Supreme Court litigation
  • Advising UGL and managing dispute resolution strategy and contract renegotiation with Transport for New South Wales on a $250m digital radio train system upgrade contract for the greater Sydney rail network
  • Advising Stockland in Supreme Court litigation with Lend Lease and Owners Corporation regarding the Abode residential development
  • Advising GPT in a major and ongoing Federal Court proceeding regarding construction and design defects and project delays in a $20m dispute
  • Advising GrainCorp on design and disputes arising with contractors at Burren Junction, Carrington and Cooks River silos projects
  • Advising University of Canberra in an expert determination in relation to a design and performance dispute with the head contractor on the Health Hub development at the Bruce Campus.

Infrastructure & Project Finance

Recent matters include:

  • Representing Serco in the Fiona Stanley Hospital PPP in Western Australia, the South Australian Prisons Project and Sydney Metro Project PPPs and in the Villawood and Christmas Island Detention Centre Projects
  • Advising Brisbane Airport Corporation on its $35m Runway Overlay Upgrade of its existing main runway, with works progressing at night while runway remained operational during daytime
  • Advised on D&C and O&M Contracts for the Airport Link Project and  ODP1 projects, Brisbane.

Strata

We provide expert advice and representation regarding strata and community development matters in NSW, ACT, Queensland, Victoria and Western Australia.

Our team comprises premier residential building defects lawyers, with extensive experience acting for owners’ corporations (and lot owners) against builders, developers, sub-contractors, designers, certifiers and others. The team runs major claims in all jurisdictions, including the NSW Supreme Court, NSW Court of Appeal and the High Court of Australia, as well as other state and federal jurisdictions. At the same time, our depth of experience helps us provide efficient and cost-effective solutions for even the smallest of claims such as in the NSW Local Court and NSW Civil and Administrative Tribunal (NCAT).

We also have experience in advising on amending By-Laws and Community and Building Management Statements, dealing with various management disputes including building management contract disputes, and various types of strata and community disputes (including in NCAT’s Strata and Community Schemes Division).

Thinking

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