Constuction
Appreciating the real-world trade-offs between quality, time, and cost, we help our clients navigate the myriad issues arising from commercial construction projects in practical ways.
Services
1. Development
Non-disclosure agreements (NDAs); memoranda of understanding (MOUs); exclusivity agreements; non-circumvention agreements; consultancy agreements; joint development agreements (JDAs); joint venture (JV) agreements; agreements for lease land; options to lease land; options to purchase land; leases of land; contracts to purchase land; permits including development applications (DAs) and construction certificates (CCs) and under the Environment Protection and Biodiversity Conservation (EPBC) Act; easements and other land access rights; voluntary planning agreements (VPAs); infrastructure agreements including with electrical, water, gas and road authorities.
2. Finance
Equity issues; loans and other debt issues; government grants and subsidies; mortgages, general security agreements (GSAs), specific security agreements, director guarantees, personal guarantees and other financial security arrangements; credit applications.
3. Tenders
Requests for tenders (RFTs); requests for proposals (RFPs); requests for quotes (RFQs); expressions of interest (EOIs); tender process; tender strategy; tender review; contract review; contract departures lists; different pricing mechanisms including cost plus, time and materials, schedule of rates, guaranteed maximum price (GMP) and lump sum.
4. Contracts
Letters of intent (LOI); early works contracts; early contractor involvement (ECI) contracts; head contracts; engineering, procurement and construction (EPC) contracts; design and construct (D&C) contracts; construct only contracts; subcontracts; minor works contracts; work orders; purchase orders (POs); construction management contracts; project management agreements; consultancy agreements; operation and maintenance (O&M) agreements; asset management agreements; standard form contracts including AS4902, AS4300, AS4000, AS2124 and other Australian Standards (AS) as well as FIDIC, GC21, Master Builders Association (MBA), Housing Industry Association (HIA) and NSW Fair Trading; upstream contracts; downstream; contract review; contract preparation; contract negotiation.
5. Claims
Payment; interest; variations; latent conditions; site conditions; force majeure; acts of prevention; delay; extension of time (EOT); liquidated damages (LDs); delay costs; breach; defects; defects liability period (DLP); practical completion; punch lists; return of security including bank guarantees and insurance bonds; default; termination; letters of demand; statutory demands; contract resets; settlement deeds; litigation.
6. Security of Payment
Security of Payment Act (SOPA) in NSW and equivalent legislation in VIC, QLD, WA, SA, TAS, NT and ACT; progress claims and payment claims; progress schedules and payment schedules; adjudications; adjudication applications; adjudication responses; adjudication appeals.
7. Insurance
Contract works insurance aka contractors all risk insurance or construction all risks insurance; public liability insurance; professional indemnity (PI) insurance; workers compensation insurance; property insurance; industrial special risks (ISR) insurance.
8. Risk Management
‘How-to’ guides; staff training for contract management and administration.
9. Regulatory
Security of Payment Act (SOPA) in NSW and equivalent legislation in VIC, QLD, WA, SA, TAS, NT and ACT; health, safety and environment (HSE); Personal Property Securities Register (PPSR); contractor licences; industrial relations; insolvency.
Projects
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Collaborative
Advised on project structure, risk management strategies and contracts covering design and construction of major new shopping centres, universities, TAFEs, schools, daycare centres, RSL clubs and fire stations across regional NSW.
Collaborative is a commercial building company covering Sydney to the Tweed River, which has experienced incredible growth since its inception, works hand-in-glove with its clients to, wherever possible, create simple and practical solutions (involving a tested and trusted supply chain) from job start to job finish.
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Blue Diamond Machinery
Advised on equipment sale and warranty arrangements, equipment hire arrangements, distribution (including licensing) arrangements (including in conjunction with Toyota, France-headquartered hydrogen-powered generator technology business EODev and Hong Kong-headquartered battery energy storage system (BESS) technology business Ampd Energy), staffing arrangements and patent, trade mark, branding and other intellectual property (IP) arrangements.
Blue Diamond Machinery is an Australian business that has in just 10 years grown to become a leading independent national equipment distributor, trusted by major mining, construction and commercial hire businesses, by supplying high-quality equipment and support services at competitive prices.
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MPower
Advised on various contracts covering acquisition, development, engineering, procurement, construction, operation, maintenance, asset management and sale in relation to projects within a portfolio projected to include 100 MW of solar farms and battery energy storage systems across Australia.
ASX-listed MPower draws on the deep expertise and extensive experience of its much-valued personnel to build, own and operate on-grid and off-grid solar farms, battery energy storage systems (BESS), hybrid power systems and other power systems.