Construction, Projects & Infrastructure

Reducing risk

Construction and infrastructure projects are complex and intricate. These projects require careful strategic risk management, and an ability to translate this into simple language, so as to reduce the risk associated with contract administration and dispute resolution

We’re a team of specialist contract and dispute resolution lawyers who understand the life cycle of projects and the complexity of the commercial and industry environment in which our clients operate. We provide assistance to our clients’ overall strategic management of projects because we understand both the legal and practical issues involved in procuring and delivering building and infrastructure assets.

We have extensive experience in advising nationally, and internationally, on procurement methods, contract drafting, negotiation and administration, with risk assessment and allocation at the forefront. We seek to achieve clarity, simplicity and practicality in administration of contracts. We understand that balancing the inherent risks with our clients’ commercial objectives is of paramount importance.

Our expertise extends from consultants’ agreements to public private partnerships, and other complex contracting. We regularly advise on multiple forms of design and construction contracts, supply contracts and operation and maintenance agreements. We also work in industry sectors where forms of contracting are still emerging, including in generation and supply of carbon credits.

Understanding our clients’ commercial objectives gives us the ability to consider and lead alternative dispute resolution strategies successfully. Our team has experience in all types of dispute resolution processes, including security of payment adjudications, mediation, expert determination, litigation, arbitration, dispute resolution boards and other processes.

Collectively, our team has worked on many and varied projects, including some of Australia’s largest, involving civil works (roads, tunnels and bridges), public transport, ports, rail, healthcare (hospitals, retirement and aged care facilities), water and wastewater, waste, mining and minerals processing, universities and commercial, residential and industrial buildings.

We work side-by-side with our colleagues to deliver holistic legal advice. We frequently do that in conjunction with our Property, Planning & Environment, Mining & Resources, Banking & Finance, and Insolvency teams to meet our clients’ needs.

Unfair contract terms amendments. Are you impacted?

Major changes to the unfair contract terms legislation came into effect on 10 November 2023, and penalties apply if you get it wrong. 
 
Late last year Federal Parliament approved a series of amendments to the existing unfair contract terms (UCT) regime embedded in the Australian Consumer Law and Australian Securities and Investments Commission Act 2001 through a Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (UCT Amendments). These amendments take effect from 10 November 2023.
 
The UCT Amendments aim to provide broader protection to consumers and small businesses. UCTs are contractual provisions that significantly disadvantage consumers and smaller businesses, leading to imbalances in bargaining power, exploitation, and often harmful economic consequences.
 
In series of three short articles, which you can access here, we look at how the UCT Amendments operate and the potential impact on you by examining:

• Who (and what) the amendments will impact
• What is an unfair contract term?
• Why does it matter (implications)?