Partnering with clients to provide on-demand contract lawyers, giving in-house legal teams the confidence to be agile.
Our construction team is focussed on providing end-to-end legal support on infrastructure projects – from project structuring, advice on procurement options, financing, tender strategy, contract documentation and negotiation through to contract administration, maintenance issues and dispute resolution.
We have worked with governments, consortia, financiers and subcontractors across the full spectrum of project delivery.
Our experience includes a broad range of project delivery models such as: traditional construction procurement, partnering/alliancing, target price contracts, guaranteed maximum price contracts, design/build, Public Private Partnerships (PPPs), and construction management and other fast-track procurement strategies.
Our construction team has been involved in more than 100 nationally significant infrastructure projects across Australian and in the key areas of health, transport (ports, roads, rail and light rail), mining, general construction, government, PPPs and finance, education (incorporating universities and schools), justice (including prisons), property development, power and water.
Port of Townsville Limited has commenced an expansion of the Port of Townsville to address current capacity constraints and accommodate forecast growth in trade over a planning horizon to 2040. We are assisting the Port of Townsville Limited in all matters associated with the $310 million upgrade of two major berths at the Townsville port including the project delivery method which is now proposed to be a competitive ECI. This project involves reclamation, general construction and upgrading of facilities.
Advised New South Wales Health Infrastructure on the design, construction and build of the Northern Beaches Hospital PPP Project using a clinical services outsourcing model, including procurement and financing structures, managing diverse stakeholder interests and NSW Government and NSW Health policy issues. The finalised RFT structure and documentation was endorsed by the NSW Government as a preferred core procurement methodology for hospitals in the State going forward.
Acted for Brookfield Multiplex Constructions as D&C Contractor on the Westadium bid in relation to the new Perth Stadium PPP. Work involved negotiating and documenting the project documents including the Project Agreement, D&C Subcontract terms Sheet, Interface Terms Sheet and other ancillary documents including the agreement to be entered into with the proposed operator of the stadium.
Advising the Department of Health on the procurement of the new Monash Children's Hospital, a crucial social infrastructure project for the South-Eastern metropolitan region. This project will be delivered under a Managing Contractor model, and follows on from our successful role in advising the government on a similar procurement process for the redevelopment of the Box Hill Hospital.
Advised Port of Melbourne Channel Deepening, one of the largest infrastructure projects conducted by the Victorian Government in recent times, seen as critical to the Port and Australia's position in global shipping. As key advisers to the Port of Melbourne Corporation, we advised on many aspects of the project, including the Supplementary Environmental Effects Statement and managed the public hearing process Federal Court litigation over the Federal Government's environmental approval for the dredging, cultural and Aboriginal heritage issues, relocation of essential infrastructure under the Yarra River, the resolution of the alliance dredging contract, and land tenure issues relating to land assets affected by the project.
Acted for Walker Corporation in its redevelopment of waterfront land at Rhodes, NSW. The development is an estimated A$800 million project which involved a paint factory site being remediated and redeveloped to a mixed-use, high-rise, shopping centre, residential and commercial village.
Acted for Roads & Maritime Services (RMS) on preparing the new design and construction project deed for use on major projects. Work involved participating in workshops to discuss risk allocation and drafting the new form of contract in close consultation with the RMS legal and commercial teams.
Advising on the Victorian Government's key bus refranchising projects including: • The Melbourne Bus Service Project – refranchising of 30% of Melbourne's metropolitan bus services. Project Value is approximately AUD$1.5 billion • the $650m refranchising of Orbital SmartBus services throughout Metropolitan Melbourne • The Melbourne Bus Contract Project – $5bn bus service procurement, the Victorian Government's largest ever bus services procurement. These projects have involved: • redesigning the metropolitan bus service contract • renegotiating with existing operators to mitigate from the existing services agreement to new contracts • developing required amendments to bus service legislation in Victoria • implementing the contracts necessary to migrate including Invitation to Negotiate and Commitment Deeds • ancillary documentation required to preserve the State's rights in the event of default by the operator.
Assisted in its redevelopment of the Southern Precinct of Melbourne Airport and the provision of facilities at the new terminal to Jetstar and Tiger Airways.
The cornerstone of the Brisbane Airport Corporation's infrastructure program for Australia's third-busiest airport is a new Parallel Runway, expected to be completed by 2020. We are currently supporting BAC with the development and implementation of a procurement strategy for Stage 1 of the proposed A$1.3 billion runway.
Advised Amcor on a A$450m redevelopment of its paper mill in Botany, NSW. Work has involved advice and workshops on procurement strategy, drafting and negotiating the various contracts, including letters of intent, engineering contracts, supply contracts, installation contract and the design and construction agreement, acting in relation to a security of payment claim and adjudication, mediations and advising on contract administration.
Acted for Lidis Group as developer on the Lennox Bridge Carpark Redevelopment in Parramatta. The project involves the development of a riverfront precinct spanning both sides of Parramatta River, including foreshore parks and civic spaces, a discovery and convention centre, cafes and retail, and two residential towers (approximately 35,000 sqm GFA).
Advised on the expansion of Anglo American's Dawson and Lake Lindsay projects involved capital expenditure in excess of $1b and required a contracting strategy that would ensure the procurement of coal preparation plants, long conveyors, crushing plants, and associated building and civil infrastructure. We helped Anglo establish several alliances, several EPCM contracts and a multitude of equipment and services procurement contracts.
Acted for McConnell Dowell on all aspects of the sale of its shares in Electrix to VINCI, including performance of due diligence, negotiation and execution of the share sale agreement.
Review and upgrade of Ergon Energy's key construction and procurement contracts (with the addition of new contracts as necessary) to facilitate Ergon Energy's business needs.
Advised Leighton Contractors on their shortlisted bid, as part of the Momentum Infrastructure consortium, for the operation and maintenance elements of the East West Link PPP project.
Advising the Victorian Department of Human Services on the delivery of the A$1billion Victorian Comprehensive Cancer Centre Project. This world-class cancer centre will be built in Parkville to drive the next generation of progress in the prevention, detection and treatment of cancer. It will be one of the only hospitals in the world where the primary cancer research entities will be collocated with patients to facilitate the shortest time for treatment to move from research to bedside.