Projects & construction

Overview

We provide effective and cost efficient management of all aspects of project development, procurement and delivery is essential to mitigate project risks.

Our senior specialists offer diverse and complementary skills and industry experience to support the delivery of major infrastructure and construction projects by the public and private sectors. Disputes lawyers within our team include experts in alternative dispute resolution, adjudication, international and domestic arbitration and construction litigation related to major construction and infrastructure projects.

Anthony Groom, Paul Turner, David Colenso, Will Coulthard, Richard Lilly, Rick Malone & Peter Smith are leading lawyers in Construction/Infrastructure Law.
Best Lawyers Australia, 2018

We offer legal services for all aspects of major projects, including:

  • project planning, structuring and development, including tendering and risk management, foreign investment and taxation and public private partnerships
  • advice on land access and managing site conditions, tenure and property issues, planning and regulatory approvals
  • governance and compliance, in particular for Commonwealth and State funded projects including advice on licensing, competition, native title and cultural heritage
  • debt or equity financing and restructuring including asset refinancing and Personal Properties Security Act implications
  • preparation, negotiation and administration of project, tender and contract documents including consultancy agreements, construction and engineering contracts (D&C/EPC/EPCM/ECI/MC and alliancing) and procurement contracts
  • negotiation of long term offtake agreements, O&M agreements and services agreements, including advice on regulation of third party access to infrastructure facilities
  • dispute resolution including regulatory investigations and government inquiries.

Our experience covers:

  • gas transmission pipelines, gas storage and processing facilities and offshore structures and floating facilities for oil and gas projects;
  • power stations and cogeneration facilities, electricity transmission and distribution assets, wind farms, solar PV and biomass projects;
  • mining projects, including gold, iron ore projects and coal mines and associated infrastructure including ports, rail, rolling stock and road transport;
  • water treatment plants, desalination plants and water and waste water systems;
  • defence projects, higher education and public private partnerships;
  • capital works programs and outsourcing arrangements;
  • commercial, industrial and residential developments and subdivisions.

Experience

Engineering & development

ASC (formerly Australian Submarine Corporation)

Advised in relation to the Air Warfare Destroyer Program and In Services Support Contract for the Collins Class Submarines, and acted for ASC in relation to complex engineering disputes including arbitration with Kockums on the Collins Class Submarines and ASC Engineering on the Minara/Fluor arbitration.

SKYCITY Adelaide

Advised in relation to South Australian State Government negotiations regarding tenure arrangements for the proposed Adelaide Casino expansion and hotel development.

Yatala

Acted in relation to a acquisition of 20 hectare site for the development of a 60,000m2 warehouse, 2,200m2 office and 23,000m2 hardstand for a $75 million, 6 hectare parts and distribution facility for Caterpillar to service QLD, NT and WA and throughout the Pacific for Solomon Islands, Fiji, Papua New Guinea and Noumea.

Energy & resources

ATCO Structures & Logistics

Contract and subcontract arrangements for design and construction of specific purpose mining, resource and infrastructure facilities throughout Australia, and major workforce accommodation subcontracts for LNG projects in QLD, WA and NT.

Australia Pacific LNG

Construction of main trunk pipelines and gas gathering pipeline for the CSG to LNG project including advice regarding the negotiation and award of ECI and EPC contracts for the pipeline network.

Forum Energy Technologies

Advised this US-listed oil and gas project services provider in its Supreme Court of Western Australia litigation against SapuraClough, in relation to work done on Chevron’s Gorgon Project.

Ingenero Weipa Solar PV

ARENA funding, construction and off-take aspects of the Weipa Solar PV Project at Rio Tinto’s Weipa mine in QLD.

SEA Gas partnership

Tenure for high pressure natural gas transmission pipeline between Iona in Victoria and Torrens Island Vale in SA, contracts for acquisition of easements and fee simple rights acquittal of process of compulsory acquisition in SA and Victoria; negotiated and documented the turnkey contract terms for construction of the pipeline, operation and maintenance agreements and the long term haulage agreements with gas shippers.

United Water/Thames Water Australia

Negotiated various BOOT agreements for water and wastewater treatment facilities for private and public sector entities in Victoria and NSW. Negotiating Alliance terms for the delivery of engineering projects for environmental improvement programmes (EIPs) between United Water, Thames Water and Kinhill Engineering in SA.

Veolia Water Australia

Advised on the Adelaide Desalination Project and in relation to the negotiation of a $1.5 billion 15 year outsourcing contract with SA Water and the SA state government to operate and maintain the metropolitan water and wastewater system in metropolitan in Adelaide.

People

Recognition

Anthony Groom, Paul Turner, David Colenso, Will Coulthard, Richard Lilly, Rick Malone & Peter Smith are leading lawyers in Construction/Infrastructure.
Best Lawyers Australia, 2018
Paul Turner is recognised as a leading lawyer in Energy, Resources & Infrastructure.
Chambers Asia Pacific, 2013

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