Our front-end advisory and transactional work includes advice on all aspects of construction, projects, infrastructure works and Government developments.
We work seamlessly with our clients to offer integrated transactional front-end services. Our advice in planning and laying out the contractual foundations of each of our client’s projects sets their projects up for success, and minimises their risk from the outset. Our clients are assured that all aspects of their construction contracts have been considered from every angle, and that we have carefully weighed the risks of the project, as against specific commercial objectives.
We are known for our meticulous eye for detail, our high level of contract negotiation skills, and our overarching common sense and pragmatism in achieving the best results for our clients. We’re familiar with all of the standard form contracts used in the construction industry and are adept at successfully handling routine negotiations through to the most complex projects.
EXPERIENCE & EXPERTISE
Our experience extends to:
- Contract preparation (construct only, D&C, O&M, DCOM and EPC contracts, tripartite deeds, funding agreements, supply of goods and services contracts and interface deeds), negotiation and administration to protect our clients’ interests
- Subdivision and Building Appeals Board application preparation
- Risk allocation and mitigation (extension of time, latent conditions, contract administration, prolongation and delay clauses)
- Tendering documentation, processes and evaluation.
Our team advises the full range of participants in the industry. Drawing on our wealth of experience we know and understand the unique objectives of developers, builders, consultants, subcontractors and property owners.
We provide expert advice on all stages in the construction cycle.
We work seamlessly with our clients to offer integrated transactional 'front end' services Our team has access to the entire suite of construction contracts available in Australia, and a deep understanding of how to make !hose contracts meet our client's needs.
We also prepare:
- Consultancy Agreements
- Civil Works Contracts
- Builder's Side Deeds
- Joint Venture Agreements
- Infrastructure Agreements
- Project Management/Superintendent Agreements
- Tripartite Finance Agreements
- Development Agreements.
Our advisory services are ongoing and our team provides practical advice on important risk and problem areas such as extensions of time, latent conditions, discrepancies, contract administration, prolongation and delay clauses.
We have extensive experience in:
- Payment claims, payment schedules, applications and responses under the Building and Construction Industry Security of Payment legislation of each State and Territory
- Matters arising under building construction, standards and maintenance legislation of each jurisdiction
- Matters arising under the Domestic Building Contracts Act 1995 (Vic)
- Applications before the Building Appeals Board in Victoria and Tribunals in other States and Territories
- Judicial review of determinations.
Our team is dedicated to dispute minimisation and resolution. We have extensive experience in risk management and all dispute resolution methods.
Our team regularly represents developers in connection with their appointment as hotel operators, including advising on and preparing/negotiating the suite of hotel management documentation (technical services, intellectual property, hotel management) through to design and construction procurement (early contractor involvement, building contracts, consultancy agreements and other construction ancillary agreements) and assisting with structuring and exit strategies). This includes hotel operators such as Accor, Hilton, Wyndham / Ramada, Marriott, Dusit Thani, Mandarin Oriental and Intercontinental Hotel Group.
We have significant experience in the renewable energy sector, infrastructure works and substantial government projects. We have advised on some of the largest energy projects in Australia and the Pacific.
Our energy and resources experience spans across solar, wind and storage with a specific focus on the contractor side of the transaction.
We currently advise and act for, one of the largest international process engineering contractors operating in Australia, in the engineering, procurement and construction and operation and maintenance of eight solar farm projects (approx. 750MW in total) across Australia.
This includes the Kiamal Solar Farm project in Ouyen, Victoria's largest single stage solar farm to date.
We manage and represent this client's legal, commercial and reputational interests in complex stakeholder envrionments, including relationships and dealings with multiple state governments, local councils and other government authorities, landowners, power infrastructure providers and retailers, corporate trustees, asset management funds, lenders and investors.
We have also supported this client to conduct business in Australia in relation to solar farms by reviewing, negotiating and advising on several different and interrelated agreements such as engineering design and procurement contracts, land access agreements, operation and maintenance agreements, subcontracting agreements, parent company guarantees and legal opinions, and international supply agreements, including freight agreements and other transport agreements.
Key to the sustainability of these agreements is our advice on intellectual property rights issues and clarity around project document integration to ensure that all project documents will integrate and operate collectively into the future. We are also involved in the negotiation and closing of the operation and maintenance agreements. Key issues include servicing standards, calculation of operation and maintenance fees, abatement mechanisms, the operation and maintenance contracts and the head contract pursuant to which the project was constructed.
We also draft or review, and negotiate (as applicable):
- Engineering Procurement and Construction ('EPC') Contracts
- Engineering, Procurement, Construction and Management ('EPCM')
- Contracts Operation and Maintenance ('O&M') Contracts
- Design and Construct ('D&C') Contracts
- Construct Only Contracts
- Civil Works Contracts
- Early Works Contracts
- Facility Maintenance and Service Agreements
- Land Lease/Access Licence Agreements
- Connection Agreements
- Deeds of Novation
We’ve advised on a multitude of major construction and infrastructure projects, across Australia, and internationally, and bring an enviable depth of experience and enthusiasm to our work in this area. Our expertise is not just in multimillion dollar landmark projects; we work closely with developers, builders, consultants and subcontractors on smaller and medium size projects.
STANDOUT SERVICE & RESULTS
We work hard to understand the technical complexities of each and every project, fully understanding our client’s commercial objectives and striving to always achieve them.
Are you looking for market-leading legal experience and expertise?
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