Building & Construction

ClarkeKann’s Building and Construction lawyers understand the wider commercial, political, environmental and legal demands surrounding the construction and major projects sectors and provide our clients with the knowledge and confidence necessary to undertake a successful project.

Our Building & Construction team comprises experts who advise on the spectrum of construction project requirements, from contract administration to the resolution of disputes, including capital raising, corporate structuring, due diligence and project documentation. Whether it's a major infrastructure project or residential development, our lawyers help get the deal done.

We advise on construction and related projects, on both “front end” contracting, risk management and “back end” disputes, including dealing with claims and adjudications under the BCIPA and Supreme Court proceedings. We have been involved extensively in civil, building and industrial engineering project contract drafting and advice and consulting on major infrastructure delivery and property development.

Services

  • Construction project advice
  • Providing general construction law contract review and advice
  • Drafting project documentation, including consultancy agreements
  • Residential, commercial and industrial developments
  • Road, rail and pipeline infrastructure
  • Construction finance
  • Advising on contract documentation to comply with QBCC Act and Domestic Building Contracts Act
  • Dispute resolution, including breach of construction contracts
  • Defending complaints to the state building authorities 
  • Making and defending security of payment claims under the relevant legislation; BCIPA (Qld) and SOPA (NSW)
  • Contract disputes regarding development and redevelopment of commercial and retail buildings
  • Infrastructure, development and joint venture disputes involving property projects.

Experience

ADG Engineers

Successfully applying for summary judgment pursuant to Building and Construction Industry Payments Act 2004 and advising in relation to other complex commercial litigation.

Alexander Property Group

Preparing various building contracts and advising generally on administration of construction contracts for the Ciel and Eden residential apartment developments at Rainbow Bay, Gold Coast.

Australian Broadcasting Corporation

Preparing various building contracts and advising generally in administration of contracts.

Australia Post

Providing general construction law contract review and advice for various developments.

AVJennings

Advising on contract documentation to comply with Queensland Building Services Authority Act and Domestic Building Contracts Act.

Board of Professional Engineers of Queensland

Representing the Board in Magistrates Court prosecutions of summary offences for breach of the Professional Engineers Act 2002.  

Brisbane Airports Corporation

Preparing various contracts for specialised equipment, including check baggage handling, aerobridge maintenance, general maintenance and landscaping.

Clarendon Homes

Negotiating issues with the Queensland Building and Construction Commission and defending matters in the Queensland Civil and Administrative Tribunal arising out of residential building contracts.

Dean Lyons Building Pty Ltd

Acting for a builder joined to an application for review of a QBCC decision not to issue a direction to rectify and instead request the builder undertake various rectification works, which required negotiating with all stakeholders and appearing at a conciliation conference to achieve a beneficial resolution.

Engineers Australia

Drafting risk management documentation, including terms of engagement for engineers.

Ergon Energy

Providing general advice in relation to construction projects, including drafting project documentation.

Fulton Hogan

Providing general construction legal and drafting advice for a range of projects from road surfacing and sundry road construction to the Ipswich Motorway Upgrade alliance.

Gabba Central

Acting for the Proprietors of the Gabba Central development, an $80 million commercial residential building, involving prequalification of preferred tenderers and early contractor involvement philosophies in contract negotiation.

Ivory’s Rock Conference Centre

Drafting construction contracts for road works and other developments at Ivory’s Rock Conference Centre south west of Brisbane.

Leighton Contractors, Baulderstone, Bilfinger Berger

Advising the Clem 7 joint venture on contractual matters and subcontractor disputes for the North South Bypass Tunnel project in Brisbane.

McNab Constructions Australia

Resolving a number of disputes for McNab, including successfully setting aside a statutory demand in the Supreme Court with costs orders in McNab’s favour arising out of a construction contract, and defending a multimillion dollar claim by LandPartners under a construction contract.

Meriton Apartments

  • Providing general advice on projects in Sydney and Brisbane.  Carried out complete redrafting of Meriton subcontract for use on all Meriton projects.
  • Providing advice on Meriton’s first tower in Brisbane, a 76 storey high rise, and advising on a Sydney multi tower development.

Mirvac Group

  • Providing general advice and contract drafting for compliance with the Domestic Building Contracts Act.
  • Drafting and negotiating the construction contract for the Thiess building at South Bank.

Mirvac Queensland

Acted for Mirvac in preparation of development agreement for the construction of the State Tennis Centre at the Tennyson Powerhouse site and related developments.

Neumann Contractors

Negotiating and documenting major civil construction projects, including transport infrastructure, urban development, dredging and environmental site rehabilitation.  Conducting litigation in the Supreme Court of New South Wales concerning disputes arising out of construction of a sports field over a remediated rubbish site which resulted in a successful negotiated outcome.

Pacific Motorway Upgrade

Acting for the Superintendent in the first two packages of this billion dollar civil engineering project.  Advising on a wide range of variation, latent conditions, prolongation, disruption and buildability issues.

Private client

Acting for the defendant in a two day trial before QCAT concerning cost escalation and interest on late payments in a standard cost plus fee construction contract.

Queensland Motorways

Acting for the principal in assessing multimillion dollar claims by the contractor on the Logan Motorway for variations, delay, latent conditions, etc.

Queensland Water Infrastructure

Preparing the delivery strategy for QWI’s delivery of the Traveston and Wyaralong Dams and associated road relocations.

RSA (Moorvale Station) Pty Ltd

Defending a Supreme Court claim arising from a mining camp construction contract for outstanding rental payments on temporary facilities offset by counterclaimed damages for delay and defective works. The matter was resolved by negotiated settlement prior to trial.

Smithbridge Australia

Making a claim under the security of payments legislation for significant moneys owed for crane and equipment hire in remote mining locations.

Suncorp

Drafting consultancy and construction contracts for use in carrying out insurance works.

SunWater

Advising on a variety of major water infrastructure projects for SunWater.

SunWater – Cloncurry Pipeline

Advising SunWater on contracting strategy, estimating and project delivery for this project.

Turrisi Properties

Drafting construction contracts for low rise residential developments.

Urban Pacific Limited

Preparing contracts and providing general advice on residential master planned community developments.

Whitsunday Regional Council

Developing the delivery strategy for the replacement/upgrade of three water treatment plants for Proserpine, Airlie Beach and Bowen and developing all contractual documentation for these projects, which is currently awaiting construction approval.

Our team

Articles

People

Partners, Steven Cardell and Paul O’Dea were recently listed in Doyle’s Guide to the Australian Legal Profession - Leading Property and Real Estate Lawyers – Brisbane 2016. To make this list requires feedback from various sources but most importantly our clients. We thank our clients for that valuable input and look forward to assisting in your continued property growth.  VIEW MORE

Expertise

ClarkeKann has received the Australia-Taiwan Business Excellence Award for our efforts promoting and advising on most of the major investments from Taiwan into Australia over the last 20 years. Click below for more details about Foreign InvestmentVIEW MORE

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