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Expertise

Projects, Infrastructure & Construction

We help our clients navigate complex construction and infrastructure projects by providing practical and strategic advice. 

Front and back-end expertise.

Our Projects, Infrastructure & Construction team provides practical and strategic advice to clients across a broad range of industry sectors (e.g. residential building, commercial building, industrial building, public and social infrastructure, civil infrastructure, and energy and renewables).  We act for principals, developers, head contractors, subcontractors, consultants, and suppliers. 

Our experience includes project planning and development, contract drafting and negotiations, tender preparation and review, and project delivery advice.  Working alongside our Commercial Disputes team, we also assist clients where disputes arise through adjudication, litigation, arbitration, and expert determination. 

Our Projects, Infrastructure & Construction team is led by James Knell, who has over a decade of experience gained from Brisbane’s leading construction practices (including top tier and Chambers Band 1 Construction practices). 

Senior Projects, Infrastructure & Construction Lawyers

Project planning

We advise on procurement and contracting strategies, tendering, professional liability and risk management. 

Our team offers specialist procurement and project delivery insights across multiple industry sectors, guiding clients in selecting the most suitable delivery model for their projects (e.g. lump sum, cost-plus, schedule of rates, and guaranteed maximum price). 

We also have relevant experience in: 

  • providing effective and practical advice during the tender process; and 
  • preparing contract reviews and risk analysis for principals, head contractors, subcontractors, financiers, project managers, superintendents, engineers, architects, quantity surveyors and suppliers (including the development of standard departure guidelines to assist with negotiations based on market standard positions and tailored to client risk profile). 

Construction contracts

We draft and negotiate all types of construction and infrastructure contracts.  We regularly advise on: 

  • Construct-only agreements – including minor and major works agreements under AS4905-2002 and AS4906-2002, head contractor agreements under AS2124-1992 and AS4000-1997, and subcontractor agreements under AS2545-1993 and AS4901-1998.  
  • Design and construct agreements – including minor and major works agreements with design obligations, head contractor agreements under AS4902-2000 and AS4300-1995, and subcontract agreements under AS4903-2000. 
  • Relationship models – including early contractor involvement agreements and alliancing agreements. 
  • Project and construction management agreements – including two-stage managing contractor agreements, trade contracts under AS4915-2002, and construction management agreements under AS4916-2002 and AS4917-2003. 
  • Engineering procurement construction agreements / engineering procurement and construction management agreements. 
  • Consultancy and services agreements – including for project managers, architects, engineers, and quantity surveyors (e.g. under AS4122-2010). 
  • Supply agreements – including for the supply of materials and goods. 

Our team has extensive experience in advising on Government building, construction, and maintenance standard contracts (published by the Department of Energy and Public Works) as well as the contract suite for transport infrastructure procurement (e.g. TIC-CO / MIC-CO published by the Department of Transport and Main Roads).  Our team also has relevant experience advising on the Master Builders’ suite of standard form contracts (e.g. commercial building contracts and residential building contracts).

Project delivery

We assist during the delivery phase of a project, providing tailored project management advice in relation to contract administration.  We have the capability to assist with: 

  • Contract administration manuals – including preparing contract administration manuals tailored to the preferred risk profile of our clients (with proforma notices and process flowcharts). 
  • Contract claims – including advising on potential legal entitlement to claims for latent conditions, extensions of time, delay costs, variations, liquidated damages, and other claims under the contract (and preparing associated directions, notices and responses). 
  • Security of payment claims – including advising on claims in respect of insolvency issues and subcontractors charges under the Building Industry Fairness (Security of Payment) Act 2017. 
  • Payment claims and schedules – including assisting with the preparation of payment claims and payment schedules that comply with the specific form and content requirements under the Building Industry Fairness (Security of Payment) Act 2017. 
  • Recourse to security – including advising on entitlement and process to have recourse to security or to bring court proceedings to restrain a call. 
  • Termination – including advising on options for terminating a contract and engaging a new contractor (e.g. termination for convenience, termination for breach, termination for insolvency, or taking over the works). 
  • Project management and contract administration training – including providing practical education materials and training for client project management and contract administration staff. 

Construction dispute resolution

We provide expert legal advice on the prevention, management, and resolution of disputes within the construction and infrastructure industry.  Our team has experience in all forms of dispute resolution, including mediation, QCAT, arbitration, expert determination, and litigation.  We also have extensive experience in conducting and defending adjudication claims made under the security of payment legislation. 

A key part of our practice is proactive dispute management and avoidance during the project delivery phase.  We assist clients in reviewing and assessing issues which arise to ensure their rights are protected and enforced, facilitating quick and cost-effective resolutions. 

Construction regulatory compliance

We provide regulatory and compliance advice within the construction and infrastructure industry.  Our team has experience in advising on the following types of regulatory compliance matters: 

  • The Queensland Building and Construction Commission regulatory framework (including licensing and the home building insurance requirements). 
  • The operation of the unfair contract terms regime under the Australian Consumer Law. 
  • Compliance with the project trust account requirements in the Building Industry Fairness (Security of Payment) Act 2017. 
  • Compliance with the Queensland Government’s Best Practice Principles (including the BPICs) for major projects. 
  • Principal contractor responsibilities under the work health and safety legislation.  
  • Enforcement of security interests under the Personal Property Securities Act 2009. 

Project planning

We advise on procurement and contracting strategies, tendering, professional liability and risk management. 

Our team offers specialist procurement and project delivery insights across multiple industry sectors, guiding clients in selecting the most suitable delivery model for their projects (e.g. lump sum, cost-plus, schedule of rates, and guaranteed maximum price). 

We also have relevant experience in: 

  • providing effective and practical advice during the tender process; and 
  • preparing contract reviews and risk analysis for principals, head contractors, subcontractors, financiers, project managers, superintendents, engineers, architects, quantity surveyors and suppliers (including the development of standard departure guidelines to assist with negotiations based on market standard positions and tailored to client risk profile). 

Construction contracts

We draft and negotiate all types of construction and infrastructure contracts.  We regularly advise on: 

  • Construct-only agreements – including minor and major works agreements under AS4905-2002 and AS4906-2002, head contractor agreements under AS2124-1992 and AS4000-1997, and subcontractor agreements under AS2545-1993 and AS4901-1998.  
  • Design and construct agreements – including minor and major works agreements with design obligations, head contractor agreements under AS4902-2000 and AS4300-1995, and subcontract agreements under AS4903-2000. 
  • Relationship models – including early contractor involvement agreements and alliancing agreements. 
  • Project and construction management agreements – including two-stage managing contractor agreements, trade contracts under AS4915-2002, and construction management agreements under AS4916-2002 and AS4917-2003. 
  • Engineering procurement construction agreements / engineering procurement and construction management agreements. 
  • Consultancy and services agreements – including for project managers, architects, engineers, and quantity surveyors (e.g. under AS4122-2010). 
  • Supply agreements – including for the supply of materials and goods. 

Our team has extensive experience in advising on Government building, construction, and maintenance standard contracts (published by the Department of Energy and Public Works) as well as the contract suite for transport infrastructure procurement (e.g. TIC-CO / MIC-CO published by the Department of Transport and Main Roads).  Our team also has relevant experience advising on the Master Builders’ suite of standard form contracts (e.g. commercial building contracts and residential building contracts).

Project delivery

We assist during the delivery phase of a project, providing tailored project management advice in relation to contract administration.  We have the capability to assist with: 

  • Contract administration manuals – including preparing contract administration manuals tailored to the preferred risk profile of our clients (with proforma notices and process flowcharts). 
  • Contract claims – including advising on potential legal entitlement to claims for latent conditions, extensions of time, delay costs, variations, liquidated damages, and other claims under the contract (and preparing associated directions, notices and responses). 
  • Security of payment claims – including advising on claims in respect of insolvency issues and subcontractors charges under the Building Industry Fairness (Security of Payment) Act 2017. 
  • Payment claims and schedules – including assisting with the preparation of payment claims and payment schedules that comply with the specific form and content requirements under the Building Industry Fairness (Security of Payment) Act 2017. 
  • Recourse to security – including advising on entitlement and process to have recourse to security or to bring court proceedings to restrain a call. 
  • Termination – including advising on options for terminating a contract and engaging a new contractor (e.g. termination for convenience, termination for breach, termination for insolvency, or taking over the works). 
  • Project management and contract administration training – including providing practical education materials and training for client project management and contract administration staff. 

Construction dispute resolution

We provide expert legal advice on the prevention, management, and resolution of disputes within the construction and infrastructure industry.  Our team has experience in all forms of dispute resolution, including mediation, QCAT, arbitration, expert determination, and litigation.  We also have extensive experience in conducting and defending adjudication claims made under the security of payment legislation. 

A key part of our practice is proactive dispute management and avoidance during the project delivery phase.  We assist clients in reviewing and assessing issues which arise to ensure their rights are protected and enforced, facilitating quick and cost-effective resolutions. 

Construction regulatory compliance

We provide regulatory and compliance advice within the construction and infrastructure industry.  Our team has experience in advising on the following types of regulatory compliance matters: 

  • The Queensland Building and Construction Commission regulatory framework (including licensing and the home building insurance requirements). 
  • The operation of the unfair contract terms regime under the Australian Consumer Law. 
  • Compliance with the project trust account requirements in the Building Industry Fairness (Security of Payment) Act 2017. 
  • Compliance with the Queensland Government’s Best Practice Principles (including the BPICs) for major projects. 
  • Principal contractor responsibilities under the work health and safety legislation.  
  • Enforcement of security interests under the Personal Property Securities Act 2009.