An investor's guide to the sector and its regulations.
Within Minter Ellison’s construction practice, we have a highly skilled team focusing on property development and infrastructure. That team works with our real estate lawyers to provide expert legal advice and service on property development transactions, ranging from simple matters to complex, multi-stage, multi-use, multi-million dollar projects.
We are acutely aware of the issues relevant to property development, and are able to advise throughout the project lifecycle, from acquisition, to rezoning, planning and environment and through the delivery phase to successful completion and possibly take-out. We are also aware of financier requirements for these types of transactions and are able to ensure that the project is bankable.
We regularly advise on risk allocation and different forms of delivery methods. We are highly adept at preparing and negotiating all the forms of associated documentation, including: tender documents; heads of agreement and memoranda of understanding; agreements for lease; development agreements; consultancy agreements; various forms of delivery agreements (including construct only, design and construct, project management and construction management agreements); as well as other forms of contract such as facilities management agreements and outsourcing contracts (security, catering etc).
Following execution of documents we also assist in contract administration, either through a workshop to explain how the various documents operate and interface, or by providing a contract administration manual – our contract administration manuals are highly regarded and well used by our property development clients.
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.
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 AMP in relation to the $317 million acquisition and redevelopment of a 50% interest in 190-200 George Street, Sydney.
Advised Amcor on a A$450m redevelopment of its paper mill in Botany, NSW. We drafted an ECI agreement to enable the contractor to work with Amcor and its designers to establish the feasibility of, and optimum design for, the project. We also drafted and negotiated engineering contracts, a major supply agreement and the design and construction contract.
Acting for a wholly owned subsidiary of Australand Holdings Ltd on the A$800 million Discovery Point development at Wolli Creek in New South Wales. This 8-hectare mixed use development will feature residential apartments, commercial offices, an integrated retail centre and extensive public and private parklands. We are advising on procurement and OH&S strategies, drafting pro-forma and project specific documentation (such as consultancy agreements and design and construct contracts), assisting in the preparation of the tender conditions, advising on the tendering process and compiling documentation for tender.