Partnering with clients to provide on-demand contract lawyers, giving in-house legal teams the confidence to be agile.
Recognised for the diversity and breadth of our practice, our construction team has a proven track record in applying project management expertise to help clients delivering major projects and transactions across a wide range of industries and sectors.
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, PPPs, and construction management and other fast-track procurement strategies.
Our team can assist with the whole gamut of project procurement and delivery models and issues such as probity, risk assessment, tendering, project structuring, consultancy agreements, dredging contracts, collaborative contracting (alliancing, ECI), D&C, DCM, DCF, BOO, BOOT, DBFO, EPC and EPCM, turnkey, O&M and supply/supply and install.
A recent decision of the Supreme Court of Western Australia reinforces the need for parties to clearly state what they mean when seeking to exclude liability for 'consequential loss'.
The recent decision in Wagdy Hanna and Associates Pty Ltd v National Library of Australia [2012] ACTSC 126 is a timely reminder of the importance of maintaining confidentiality in government tender processes. In summary, the court found that a tender process contract was in effect and that an obligation of confidence was implied within that contract. The National Library successfully defended allegations of a breach of confidentiality and was found not to have breached the obligation of confidence.
The Christmas period is seen by many in the construction industry as an opportunity to serve payment claims or have claims for payment of construction work adjudicated under the security of payment legislation — in the hope those claims or applications will go unanswered or the other party will be ill-prepared to defend them.