Construction

Operators and project managers in the construction and engineering industries are often faced with complex legal issues. Our lawyers have the experience and expertise necessary to help our clients navigate the legal challenges that can arise during construction and engineering projects. We have experience acting in commercial contracts from sub $1 million to greater than $100 million.

Our lawyers regularly represent construction and engineering clients in all State and Federal Courts and Tribunals. We have expertise and experience in construction disputes including adjudications and arbitrations.

We have completed many projects using company specific documents and also the Australian Standards suite of contract documents (e.g. AS4902-2000, AS4910-2002). We are familiar with standard Project documents used by Roy Hill, Leightons, Rio Tinto, Ichthys, John Holland and other major engineering and construction companies.

Our expertise includes:

  • Construction contracts - EPC, plant, road and building construction, refurbishments, upgrades
  • Major works agreements
  • Equipment and plant supply and installation agreements
  • Earthmoving contracts
  • Plant hire agreements
  • Testing and inspection contracts
  • Underground and directional drilling contracts
  • Oil and gas services contruction agreements (pipeworks, inspection, upgrade and modification, compressor installation etc.)
  • Dispute resolution, including mediation, adjudication and arbitration
  • Construction and engineering contract preparation, negotiation and review
  • Builder/subcontractor contract reviews and representation in disputes, arbitration and adjudications 
  • Payment disputes
  • Advising on liquidated damages claims and cancellation fees
  • Construction insolvency advice
  • Procurement strategies
  • Advising on health and safety issues

Signifcant work we have completed includes:

Disputes

  • Acting for a major property developer in a complex construction dispute involving claims against the superintendent and head-contractor with concurrent proceedings in the District and Supreme Court.
  • Acting for a major subcontractor at the Fiona Stanley Hospital development in two successful Construction Contract Act adjudications.
  • Secured a successful outcome for an award winning custom home building company on the arbitration of a $4 million HIA building contract.
  • Acting for an engineering contractor - defending Construction Contracts Act adjudication for subcontractor works at the Muja power station project. Represented the same company in a District Court contractual dispute regarding hire of scaffolding.
  • Acting for directional drilling company in relation to Pilbara underground power project dispute.
  • Representing an engineering company in a District Court claim for breach of contract and negligence regarding non-destructive testing of pipeline welds for DomGas pipeline.
  • Acting for a building product supplier in multiple industrial relations disputes. This included disputes involving the CFMEU. 

Contract preparation and review

  • Preparing contracts for Coogee Chemicals - Mitsubishi joint venture for construction and operation of $100m+  Port Bonython diesel fuel terminal, including build, terminal services, terminal lease and shareholders agreements.
  • Preparing construction contract documents for Tier 1 international data centre operator for multi site upgrade program across Australia.
  • Preparing numerous construction contracts for Craig Mostyn Group, including for:
    • multiple abalone farm extensions in several locations across Australia, including at Australia's largest abalone farm.
    • multistage expansion of Western Australia’s largest pig abattoir, including new buildings and plant upgrades.
    • multistage construction of large commercial piggeries at Mogumber (six large buildings).
    • multistage expansion of Western Australia’s largest meat and poultry waste rendering facility, including plant upgrades, new water treatment plant and new rendering line.
    • refit of the Group’s head office in Fremantle.
  • Advising Scott Park Group for many years in relation to building and construction matters.
  • Advising suppliers in relation to procurement agreements at Inpex, Rio Tinto, FMG and BHP major projects in Western Australia and the Nothern Territory, including regarding knock for knock indemnity arrangements.
  • Preparing contracts for construction of a grain ship loader and heavy duty hopper, including dealing with cross border payment and security issues. 
  • Preparing construction contracts for WA based premium home builder.
  • Advised CCM Group in relation to various construction related matters.
  • Advised Diab Engineering in relation to various construction related matters.

Further details of our experience and expertise in litigation and dispute resolution in the construction industry can be found here. Our commercial expertise and experience can be found here.
 

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