An investor's guide to the sector and its regulations.
Effective contract administration is critical to the successful implementation of construction projects. Minter Ellison’s lawyers work with clients to develop a standard suite of documents across the whole project, including head contracts, sub contracts, consultancy agreements and FEED (Front End Engineering Design). We also help with the standard forms that integrate into the suite of documents including contract manuals, contract administration manuals and contract notices.
When contract claims are received our role can be as simple as determining format and compliance with the contract, but it may develop into a complete dispute resolution strategy. We identify the requisite insurance and advise on the appropriateness of the cover for the project.
Our advice takes into account the regulatory framework in each state, and we have written security of payment manuals for our contractor clients to assist them in dealing with a pre-claim and in establishing frameworks to meet tight statutory timelines.
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.
Assisted Peabody Energy Australia with development of a suite of procurement contracts (including construction contracts) for use across multiple mine sites in Queensland and New South Wales. We currently assisting Peabody in the negotiation of deals based on those templates, with those deals ranging in complexity and value from tens of thousands of dollars to hundreds of millions of dollars.
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 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 thenew form of contract in close consultation with the RMS legal and commercial teams.
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.
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 the first new major runway planned and built in Australia for decades and be among very few privately built runways in the world.Minter Ellison is currently supporting BAC with the development and implementation of a procurement strategy for Stage 1 of the proposed $1.3 billion runway. This is one of the most significant transport sector projects in Queensland involving complex civil, dredging and reclamation work.
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.