We provide expert legal support in resolving disputes within the construction and infrastructure sectors. Our experience covers a wide range of issues, from contract disagreements to complex multi-party conflicts. We aim to achieve efficient resolutions that support project completion and protect our clients’ interests.

Overview

Construction and infrastructure disputes are common in Australia’s dynamic building sector. These conflicts can arise from various issues including contract interpretation, project delays, defective work, variations, and payment disputes. The complex nature of construction projects, often involving multiple parties and intricate contractual arrangements, can lead to protracted and costly disagreements.

In Australia, construction disputes are governed by a mix of common law, legislation (such as the various Security of Payment Acts), and specific contractual provisions. The resolution of these disputes often requires a deep understanding of both legal principles and industry practices. Timely and effective dispute resolution is crucial to maintain project momentum, manage costs, and preserve business relationships.

Our approach

We adopt a practical and solution-focused approach to construction and infrastructure disputes. Our initial step involves a thorough analysis of the dispute, including review of relevant contracts, project documentation, and applicable laws. We work closely with our clients to understand their commercial objectives and develop strategies aligned with these goals.

We are skilled in various dispute resolution methods commonly used in the construction industry, including negotiation, mediation, expert determination, and arbitration. Where litigation is necessary, we provide strong representation in courts at all levels. Throughout the process, we maintain a focus on commercial outcomes, balancing the need for robust legal action with the practicalities of ongoing project delivery and industry relationships.

Representative experience

• Successfully represented a major contractor in a complex delay and disruption claim against a government client. Our strategic use of expert evidence and forensic delay analysis resulted in a favourable arbitration award.
• Assisted a property developer in resolving multiple defect claims from apartment owners. Through a series of structured negotiations, we achieved a cost-effective settlement that allowed for necessary rectification works without resorting to litigation.
• Defended a subcontractor against liquidated damages claims in an adjudication under the Security of Payment legislation. Our detailed submissions on contract interpretation and project delays resulted in a significant reduction of the claimed amount.
• Represented a civil engineering firm in Federal Court proceedings relating to a bridge collapse. Our effective case management and expert evidence strategy led to a negotiated settlement, avoiding a costly trial.
• Advised a major infrastructure project on resolving disputes with multiple subcontractors. Our proactive approach to claim assessment and negotiation helped maintain project progress and avoid formal dispute proceedings.
• Successfully mediated a dispute between joint venture partners on a large-scale commercial development. Our strategic approach to negotiations addressed both immediate financial concerns and long-term project governance issues.