Top 10 Construction Contract Concerns
The top 10 construction contract issues contractors should prioritise before signing on the dotted line, from uncapped liability and unfair …
Our Expertise
Construction & Infrastructure
Contract negotiation, administration and dispute resolution for principals, contractors and infrastructure owners.
Construction & Infrastructure at ConMoto Group
We act for a range stakeholders in the construction and infrastructure sectors, including contractors, principals and consultants.
Our services span the full project lifecycle, from transactional advice through to contract administration and dispute resolution.
Contract negotiation & administration
Our team has significant expertise in the preparation, review and negotiation of construction and infrastructure contract conditions (e.g. design and construct, EPC, construct only, managing contractor and construction management) and related transaction documentation.
This includes the all the usual standard forms of contract, such as AS2124, AS4300, AS4000 and AS4902 (all of which are typically amended).
Some of our team members also have experience in the use of international standard forms, such as those published by NEC and FIDIC.
Dispute resolution
Following transactional close, we provide advisory services in relation to contract administration, dispute avoidance and dispute resolution, and act for parties in relation to formal dispute resolution processes.
Our team has extensive experience in all facets of construction and infrastructure disputes; from claims under the security of payment legislation and related adjudications, to multi-tiered dispute resolution processes under construction contracts, to mediation, expert determination, arbitration and litigation.
Key contacts
Alastair OxbroughPractice Group Head (Construction)
Dual-qualified lawyer specialising in transactions and disputes arising in the construction and engineering, infrastructure, energy, utilities and insurance sectors.
Key projects
The following projects are representative of the construction & infrastructure work undertaken by our team.
Contract negotiation & administration
- ConstructionContract reviews and negotiations for contractors under design and construct, construct-only and managing contractor conditions on government, infrastructure, healthcare, property and industrial projects across Eastern Australia (typically $5 million to $75 million).
- ConstructionPreparing, reviewing and negotiating consultant agreements and related documents (such as deeds of novation) for principals, consulting engineers and contractors on building, infrastructure and energy projects across Eastern Australia.
- EnergyPrepared standard construction contract documentation for an international renewable energy developer across multiple jurisdictions.
Disputes
- ConstructionActing for the contractor on a $25 million claim for extensions of time, delay and acceleration costs and variations on the design and construction of an industrial process plant, in the Supreme Court of Victoria (TEC List).
- InfrastructureAdvised major project participants on disputes arising in connection with major Australian infrastructure projects such as the Victorian Desalination Plant and the Royal Hobart Hospital Redevelopment.
- PropertyActed for a principal in relation to a latent conditions claim brought by the contractor arising out of the design and construction of a Victorian shopping centre.
- MiningActed for a Tasmanian based miner in connection with multiple disputes associated with EPC arrangements for a number of on-site installations.
- GovernmentAdvised the Tasmanian State Government in relation to a security of payment claim brought by the contractor on a major infrastructure project.
- InfrastructureActed for a firm of consulting engineers in connection with a $10 million dispute with a contractor arising from a Victorian roads project.
Insights from our team
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