Visit our CHQA News Hub to stay up-to-date with the latest in corporate governance and law.
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.
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.
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.
Assisted Melbourne Airport in the tender and contract execution phase of its Southern Precinct Program. Our hands on role included initial contract preparation, review of the invitation to tender and other related documents, review of tender responses and finally negotiation and completion of the contract with Melbourne Airport's preferred tenderer, Leighton Contractors. The Southern Precinct Program involves the construction of a new terminal, carpark and road network at Melbourne airport and includes baggage handling facilities, check-in kiosks and retail areas. Work is expected to commence in October 2013. Minter Ellison has also assisted Melbourne Airport in its negotiations with the airlines that will operate from the new terminal. Our role has included initial contract preparation and direct involvement in the negotiation process.
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.
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. The new runway will be 3.3km long, 60m wide and will have over 12km of taxiways, navigational aids and other airfield infrastructure. This is a multidisciplinary engineering project that requires a variety of technical and construction skills to complete. As the new runway will be built on what is currently swamp land, dredging and ground treatment work is required before construction of the runway can begin.
Minter Ellison is currently supporting BAC with the development and implementation of a procurement strategy for Stage 1 of the proposed A$1.3 billion runway.
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).
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.
Advising Leighton Contractors, John Holland Group and Dragados S.A. on their shortlisted bid, as part of the Momentum Infrastructure consortium, for the design and construction elements of East West Link PPP project.