Construction and infrastructure contracts

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We prepare, review and advise on all forms of construction and infrastructure contracts, including PPPs, joint venture and consortium agreements, relationship contracting agreements (ECI and alliance contracting), operation and maintenance agreements, construct-only agreements, design and construct agreements and consultancy agreements.

We regularly assist clients at the negotiating table, and employ practical, realistic advice designed to give them the competitive edge by remaining commercially-focused in negotiations.

Project delivery

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Our advice extends from pre-contractual advice to project delivery assistance.  We regularly assist our clients with contract administration, (including the preparation of contractual claim notices and correspondence), subcontracting issues, financing, security documents, land access and adjoining property issues.

Early identification of issues and strategy assistance help to ensure projects do not become distressed.  If projects are distressed, we provide and implement strategy advice to either resolve disputes or to put our clients in the most advantageous position if a dispute arises.

We also are often called upon to assist with setting up best-practice procedures in terms of administering construction and infrastructure contracts, and work closely with broader, 'on-the-ground' teams of our clients. 

Claims

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We are regularly involved in the preparation, analysis, avoidance and management of claims under and in relation to construction contracts.  Our experience extends to all forms of construction-related claims including for variations, extensions of time, delays and disruption claims, latent conditions, liquidated damages and defect rectification.

We have well-developed and strong relationships with the leading experts in the disciplines typically relevant to claims in the construction context including in defect identification, quantity surveying, programming, productivity, fire engineering and certification.

Our teams operate on the philosophy that the best way to deal with disputes in the construction industry is to avoid the occurrence of the dispute.  Our depth of experience in providing services to resolve disputes, including adjudication and litigation, provides a unique ability to anticipate potential problem areas and draft appropriate provisions in the contract documents that minimise the potential for disputes.

Dispute resolution

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We are experts in all forms of construction-related dispute resolution.  Our expertise extends to litigation, arbitration (domestic and international), expert determination and mediation.

Security of payment

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Our market-leading expertise in security of payment matters in all jurisdictions means our teams are consistently engaged on Australia's largest and most complex security of payment disputes. This  includes:

• preparing, reviewing and advising in relation to payment claims;
• drafting and advising in relation to payment schedules;
• preparing adjudication applications and responses.

We advise our clients in relation to and implement considered enforcement strategies in respect of adjudication decisions.

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Security

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We are experts in relation to performance securities (bank guarantees, insurance bonds and other unconditional instruments), and have advised and appeared in some of Australia's leading cases in relation to applying for, and defending against, orders for the return of or injunctions preventing access to performance securities.