Construction Property Development

Within MinterEllison’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.

DEXUS acquisition of Kings Square, Perth

Acted for DEXUS Property Group in relation to the acquisition and development of 3 new mixed-use buildings at Kings Square in Perth. This acquisition and development, which has been described as the biggest commercial property pre-sale in Western Australia with an estimated cost on completion of $434.8 million, will comprise three A-grade office buildings to be developed by Leighton Properties.

DEXUS acquisition of 470A & 480 Queen Street, Brisbane

Acted for DEXUS Property Group in relation to the $500 million acquisition and development of 480 and 470A Queen Street, Brisbane.  This acquisition and development, described as the largest property deal of 2013, will comprise a 31-level premium-grade office development project across 55,561 square metres located in Brisbane’s Golden Triangle and is targeting 6 Star Green Star and 5 star NABERS Energy ratings.

Parliament Square redevelopment, Tasmania

Advised Tasmania's Department of Treasury and Finance on a 3-stage divestment process to sell and redevelop Parliament Square, located adjacent to Parliament House and comprising a number of abandoned buildings. Our team prepared the RFT documentation, negotiated the development arrangements and advised on complicated interface issues with the adjoining Parliament House.

Walker Corporation Rhodes Peninsula

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.

Roads & Maritime Services pro-forma design and construction project deed

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.