Construction + Projects
Strategic advice and innovative solutions to all industry players.
At every stage, all stakeholders in the construction industry experience risk exposure as a result of the inherently uncertain nature of construction and the requirement to deliver projects on time and within budget.
Our lawyers are skilled at identifying and managing construction risk at all stages of the construction project lifecycle. Whether it is compliance, procurement, delivery disputes and advice, or post-completion disputes – our construction team has a sharp focus on delivering commercial solutions for their clients.
We advise all stakeholders in the construction industry to manage the ever-changing risk profiles of construction projects, including listed companies, developers, builders, superintendents, architects, engineers, manufacturers, tradespersons and subcontractors.
- The growth in population across the Eastern Seaboard of Australia has ushered in a corresponding boom in residential construction. Our team have assisted clients in the construction sector through the different residential market cycles, including the GFC.
Commercial, industrial and retail
- Risk management for contractors in commercial and retail projects is specialised and if done right, can create a balanced risk portfolio. Contractors in the commercial and retail sectors are subject to substantially less regulation than residential contractors.
- This allows contractors to negotiate the allocation of risk during contract procurement stage in many ways. Our team are able to assist in many different areas, including; Industrial and light industrial projects, Child care projects and Aged care projects.
Emerging growth centres
- Our lawyers have experience in the emerging growth centres for construction in New South Wales. Our team’s knowledge of local requirements and familiarity with unique conditions within the localities of New South Wales’ boom areas for construction allow our team to share that knowledge with their clients. Some of the major growth centres for construction in New South Wales are; Western Sydney, South Sydney and Metro Sydney.
Our services and focus areas
- Contract negotiation
- Project risk analysis
- Head contract procurement and risk management
- Subcontract procurement
- Consultant procurement
- Early contractor involvement
- Property development
- Variation management
- EOT claims (including notices of delay)
- Notices to trigger (s. 18F) defences under the Home Building Act regarding design
- Delay damages claims
- Training of site personnel on proper document management
- Notices and management of risk under Tripartite Finance/Builder Side Deeds
Risk management and dispute resolution during project delivery
- Security disputes (including injunctions to restrain recourse to security)
- Programming disputes
- Disruption and Delay disputes
- Payment disputes
- Security of Payment Act disputes including Supreme Court review and enforcement of determinations
- Council prosecutions
- Contractual dispute resolution procedures (i.e. expert determinations and arbitrations)
Dispute resolution post-completion project delivery
- Defence to building defect claims (including proportionate liability defences against subcontractors and consultants)
- Design disputes (including engineering and architectural disputes)
- Negligence disputes with consultants
- Strata Schemes Management Act compliance for contractors
- Contractual disputes during the defect liability period
- Enforcement of contractual warranties against manufacturers and subcontractors.
- Home Warranty Insurance compliance and eligibility applications and reviews
- Home Building Act compliance in respect of contracting and advertisement
- Advice on licensing requirements
- Licence applications, reviews and Tribunal appeals
- Tribunal appeals from disciplinary action against licence holders (i.e. appeals from suspension or fines)
- Advice in respect of trust accounting requirements for retention monies under the Security of Payment legislation
- Compliance under the Strata Schemes Management Act 2016 – Part 11 (Building Defects)
- Review of consultant trading terms and conditions to ensure risk coverage in relevant insurance policies are back-to-back with consultant’s assumption of risk