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Construction and Major Projects

PBL works with developers, contractors and sub-contractors to help them negotiate and deliver projects of all sizes while ensuring their risks are protected, and they receive the payments they deserve.

As well as having extensive legal expertise in building and construction law, our experience in working with developers and contractors means we offer real-world and practical advice that helps your projects rather than hindering them.

At contract formation stage, we can help with:

  • identifying and modifying the relevant Australian standards;
  • negotiating with principals, contractors and sub-contractors;
  • comprehensive contract reviews to allow you to identify risks and essential areas of compliance; and
  • training your project team on the contract terms and timeframes.

While your project is underway, we can help you:

  • administer your construction contract;
  • draft or review notices claiming variations or delays;
  • correspond meaningfully with your contractor or principal; and
  • protect your rights throughout the contract to avoid issues in the final payment claim.

And in the area of construction disputes we can:

  • prepare or review draft payment claims under security of payment legislation;
  • prepare or review payment schedules and responses to payment claims;
  • commence adjudications for you as claimant;
  • respond to adjudications lodged against you;
  • commence recovery proceedings for outstanding payments;
  • claim or resist claims against bank guarantees or security on projects; and
  • negotiate effective outcomes to resolve issues between parties.

Negotiations


Many project problems could be avoided with informed, strategic negotiations at the beginning.

While it might not always be possible to have us visibly involved during early commercial negotiations, PBL can work with you in the background as you meet with the other parties to land on the right terms for your contract.

Because of our experience resolving disputes, often we can identify risky clauses or concepts in contracts that might not always stand out from a commercial perspective. We also understand the realities of what is likely to be negotiable and what is not.

Getting those smaller areas right can often get your project heading in the right direction from day one.

Contract Review


A contract review is a critical element when preparing to deliver a new project.

A PBL review of your contract terms before your project starts will help you deliver your project profitably, manage your risk and comply with critical timeframes.

We analyse the contract in detail and highlight for you the areas of highest risk. This might be deadlines for claims, mandatory notices or administrative requirements that go beyond what you might be expecting.

Whatever the case, a PBL contract review will ensure that you and your project team can deliver the job with administrative confidence.

Project Delivery


Proper contract administration has a profound impact on project profitability.

However, administering a contract well can be a delicate balance of understanding commercial relationships will still preserving your legal entitlements.

If you can ensure that you comply with the contract while retaining excellent communication with the other party, you will maximise your prospects of recovery at the end of the project and minimise the risks of unforeseen disputes.

We can help you throughout your project to ensure that your risks are minimised, and your profit margin is protected.

Defects, Delays and Claims


There are always unforeseen events in project delivery. Often these result in defects or delays.

Those defects and delays can turn into claims and, sometimes, disputes that disrupt the project and negatively affect the commercial relationship between the parties.

While we can’t change the circumstances you might face on-site, we can help to ensure that your notices and claims are compliant, precise and persuasive.

Adjudication and Security of Payment


Security of Payment legislation around Australia has changed the landscape of how claims are dealt with.

With the speed that the Security of Payment process demands, you need lawyers who are able to hit the ground running with your payment claim, response or adjudication process.

PBL has the resources and expertise to ensure that we quickly get across the situation, review the relevant paperwork, and prepare the statutory declarations, documents and submissions that might be necessary to protect your interests throughout the entire process.

The success or otherwise of an adjudication process can have a dramatic impact on your cash flow during a project. Ensure you have the right legal team on your side.

Dispute Resolution and Litigation


While Security of Payment now deals with many disputes over payment, some matters aren’t suitable to be resolved in that forum.

PBL will help you attempt to negotiate a fast commercial settlement. But if that’s not possible, then we have significant experience litigating matters in Courts of all different jurisdictions.

Litigation can be costly and time consuming. You need trusted advisors along the way who will give you the right strategic and legal advice to ensure that you come out with the results you need.

What’s Your Next Project?

Contact Us Today
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