Practice Area - Construction

Contract legal advice on interpretation & application of contracts & agreements in engineering, scientific & technical factual issues & negotiations, alternative dispute resolution (mediation) & litigation or arbitration


Construction contract legal advice


Misleading or deceptive conduct


Failure to take reasonable care in contract, tort or under statute


Apportionable claims & proportionate liability legislation


Contracts & agreements for goods & services related to construction work


Misleading or deceptive conduct


Unconscionable conduct


Unfair contract terms


Formation of Contracts


Legislation applicable to construction contracts, including form & content, and statutory provisions relating to payments (Western Australia).


Enforceability of contracts


Contract terms


Implied terms


Tender documentation legal advice


Time for completion, progress & extensions of time


Suspension of work


Delay costs


Liquidated damages


Payment & statutory payment procedures (Western Australia)


Approval & certificates


Variations


Latent conditions


Defects & damages


Discharge of contract


Remedies for breach of contract


Equitable Principles


Negligence


Remedies


Failure to take reasonable care & proportionate liability legislation (Western Australia)


Practical completion


Final certificates Defects liability periods


Rectification costs


Termination under the contract


Dispute avoidance legal advice


Alternative Dispute Resolution (Mediation)


Litigation


Arbitration


Other


Our law practice has significant experience in this area. Our services include the provision of advice on a wide range of issues connected with construction work & related goods & services in the mining resources & energy sector, industrial & manufacturing sectors, commercial & other non-residential contexts in Western Australia. More specifically, we can assist with advice in connection with the following:

The interpretation & application of construction & engineering contracts (& contracts for related goods & services) & legal problems with their performance & termination,   

The interpretation & application of formal tender documentation (including engineering & technical documents) or an existing contract,   

The interpretation and application of commercial terms & specifications, including liability, statutory or other legal risks,

Advice during informal pre-contract conduct on whether a reached bargain may reasonably be inferred & if so advice on construction, interpretation & application of its terms,

The interpretation & application of “informal” or “understandings” or “heads of agreement” or “letter of intent” & other similarly styled types of communications & negotiations,

Advice during formal written contract negotiation phase on interpretation & application of commercial terms & diverse engineering & technical or scientific documents specifications & provisions,

The interpretation & application of agreements of engagement of independent professional consultant providers of diverse services related to construction contracts and work,

Problems requiring the engagement & briefing of independent experts in diverse disciplines connected with construction contracts & work, including geotechnical, metallurgical, engineering disciplines, scientific & diverse other disciplines of independent experts,

Contract, negligence, statutory misleading conduct & other legal issues arising in connection with contracts & agreements for design, specification, detailed engineering & fabrication drawing, manufacture, fabrication, assembly, installation, or other construction services and work,

The interpretation & application of agreements requiring preparation of reports or other documentation,

The interpretation & application of terms of agreements & contracts requiring design, specification or engineering services connected with the manufacture of needed plant, equipment, machines & other kinds of goods,

The interpretation & application of the proportionate liability legislation in Western Australia,

The interpretation & application of the security of payment legislation in Western Australia,

Problems connected with design & specification (including selection of materials) & construction of civil works,

Problems connected with the interpretation & application of contracts for the design & construction of works for needed purposes,

Problems connected with contracts for design, specification, engineering, manufacture & supply of plant, equipment, machines & other kinds of goods for needed purposes,

Advice on diverse other types of legal problems arising in the construction sector and for the various participants in the sector such as project owners, construction companies as main contractors or head contractors, subcontractors, providers of related services & manufacturers & suppliers of related goods needed in construction Projects.