Construction & Infrastructure
Our construction & infrastructure team has extensive experience in all aspects of building and construction law and has worked for clients both nationally and internationally. We fully appreciate the specific commercial imperatives and technical issues relating to the industry.
Skills and services
Our construction team:
- Is familiar with the relevant important contracts presently being used in Australia
- Has prepared design and consultancy agreements, builder’s side deeds, tripartite finance agreements, development agreements with government authorities and agencies and subdivision and Building Appeals Board applications
- Provides clients with practical advice on important risk and problem areas such as extension of time, latent conditions, contract administration, prolongation and delay clauses
- Assists clients in tendering procedures
- Is familiar with the wide variety of standard form contracts used in the construction industry and is skilled in preparing amendments to protect our clients’ interests.
Our team has drafted construction contracts across a diverse range of projects, some of which are identified below:
- Road and Infrastructure Agreements for Greenfield site on behalf of MAB Corporation (University Hill)
- Stamoulis Vogue Residential Towers
- 568 Collins Street (70 level tower)
- Aquavista Tower Docklands Development
- The Avenues Townhouses Docklands (MAB Corporation)
- University Hill Town Centre Complex for MAB Corporation
- Berkeley Apartments for AXF Properties Pty Ltd
- Royal Domain Plaza, 360 St Kilda Road, Melbourne
- Hume City Council (Boardman Stadium)
- Q2 Office Development, Melbourne for Macquarie Bank (13 levels)
- Orica Building (Nicholson Street, East Melbourne) refit and refurbishment
- Harold Holt Naval Base
- Optus Tower Supply agreement
- McMullin Group – Epping Medical Centre
- Pierpoint Apartment Development – Geelong (10 levels)
- Little Collins Street office development
- AMP / Smorgon steel facility
- Barrett and Graduate Residential Development Tower (Hawthorn)
- Carousel Entertainment Complex
- Goldsbrough Mort fire safety upgrade
- Port Macquarie medium-density residential development (Cannavo Properties)
- Mining infrastructure agreements in the Pilbara region (Aquila Resources).
Skills and services
In the last few years, Moray & Agnew’s construction team has acted in more than 1,000 commercial disputes in all courts, Tribunals and in arbitrations in Victoria, New South Wales, the Australian Capital Territory, Queensland and Tasmania.
The construction team has experience in the conduct of a wide range of claims concerning construction industry participants including:
- Project managers
- Statutory state-owned corporations.
The construction team has acted in claims concerning:
- Defective building works
- Extensions of time / prolongation costs
- Urgent injunctions in relation to the cashing of security including bank guarantees
- Negligence and equity (including quantum meruit claims)
- Latent conditions
- Misleading and deceptive conduct
- Planning disputes with municipalities
- Dispute resolution and arbitration clauses
The construction team has recently been involved in the resolution of disputes relating to:
- Numerous high density residential developments
- Commercial leases at Docklands Melbourne
- Contaminated land
- Hotel redevelopments
- Major correction facility
- Bridge contracts
- Slab collapses at multi-million dollar supermarket development
- Docklands stadium
- Road reconstruction claims
- Defective post-tensioning works
- Extensive defects in a recycling facility.
Construction and project management risk
Moray & Agnew’s construction team acts for most of the largest financial and insurance intermediaries in the area of construction and construction risk. The team has advised the majority of Australia’s major insurers together with various underwriters and government insurers in relation to the operation of liability, builders warranty, contractors all risk and professional indemnity policies.
Security of payments legislation
The construction team includes three practitioners who are qualified to act as adjudicators under the Security of Payments legislation in all relevant jurisdictions in Australia. Collectively, these practitioners have undertaken over 50 adjudications, none of which have been appealed.
The team therefore has a unique insight into the operation of the legislation and the types of issues which will disqualify claims under the legislation.
Construction & Property Showcase
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"They give good, practical advice and they're generally proactive and pragmatic."
Chambers Asia Pacific, 2018