Major Projects & Infrastructure
Major Projects & Infrastructure » Construction Dispute Resolution
The compression of profit margins due to contracts struck under the economic pressures of the GFC, bad weather delays, skill shortages and ongoing difficulties in securing funding have heightened the risks of major projects and left little appetite for full-blown construction industry disputes.
Faster and cheaper resolutions are being sought through the use of structures, like dispute resolution boards, agreed on at the start of projects. However, while the rapid pace of dispute resolution may lower costs, it emphasises the need for the timely, experienced, strategic advice offered by Corrs to ensure firms are well prepared to keep pace if disputes do arise.
Our Experts
Our Experience
Kwinana Freeway dispute
The successful resolution of this high profile dispute arising from the design and construction of the Kwinana Freeway extension allowed Thiess Pty Ltd, Leighton Holdings Ltd, the Commissioner of Main Roads Western Australia and various other parties to agree a mutually beneficial settlement that allowed the parties to avoid costly Federal Court litigation.
MoreOur Thinking
Head contractor insolvency - Protecting supply chain payments in construction projects using Project Bank Accounts
In government-sponsored construction projects, a new direct payment system could mitigate insolvency risk to employers and subcontractors if the head contractor’s business fails.
MoreInfrastructure Reform in Queensland - Solutions for the 21st Century
Important infrastructure projects in Queensland are being hampered by outdated legislation which is in urgent need of reform.
DownloadFarewell to the ABCC - Changes to regulation of the building and construction industry
On 21 March 2012, the Senate passed the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011. The Bill will come into operation when it receives Royal Assent.
MoreCorrs In Brief: The Federal Court declines to expand the law of penalties
In a recent high profile decision, the Federal Court declined to expand the situations in which the law will strike down an agreed sum to be paid upon the happening of certain events (the law of penalties).
More
Understanding both sides of the PPP
Public Private Partnerships have become an almost common method of facilitating the provision of large public infrastructure. But the two sides, though working together to achieve a common goal, have different needs and motivations. What can be done
MoreOur Experience
Kwinana Freeway dispute
The successful resolution of this high profile dispute arising from the design and construction of the Kwinana Freeway extension allowed Thiess Pty Ltd, Leighton Holdings Ltd, the Commissioner of Main Roads Western Australia and various other parties to agree a mutually beneficial settlement that allowed the parties to avoid costly Federal Court litigation.
Corrs acted for Thiess and its parent company Leighton Holdings in defending allegations made by the Commissioner that Thiess was liable for defects in the freeway pavement in circumstances where the Commissioner specified the pavement materials that were to be used to design and construct the works.
Corrs skilfully navigated this highly technical dispute, developing novel arguments around breaches of implied terms in the contract, including an implied duty to warn, as well as breaches of the Trade Practices Act. Corrs approach, including cooperating with the other parties to the dispute, resulted in a resolution to the dispute just as the Federal Court proceedings were about to enter into a costly discovery process.
Our Thinking
Understanding both sides of the PPP
Public Private Partnerships have become an almost common method of facilitating the provision of large public infrastructure. But the two sides, though working together to achieve a common goal, have different needs and motivations. What can be done
Corrs In Brief: The Federal Court declines to expand the law of penalties
In a recent high profile decision, the Federal Court declined to expand the situations in which the law will strike down an agreed sum to be paid upon the happening of certain events (the law of penalties).
Infrastructure Reform in Queensland - Solutions for the 21st Century
Important infrastructure projects in Queensland are being hampered by outdated legislation which is in urgent need of reform.
Head contractor insolvency - Protecting supply chain payments in construction projects using Project Bank Accounts
In government-sponsored construction projects, a new direct payment system could mitigate insolvency risk to employers and subcontractors if the head contractor’s business fails.
Farewell to the ABCC - Changes to regulation of the building and construction industry
On 21 March 2012, the Senate passed the Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011. The Bill will come into operation when it receives Royal Assent.
Our Experts
Ben Davidson
Partner Melbourne + 61 3 9672 3500Chris Ryder
Partner Perth +61 8 9460 1606Joseph Barbaro
Partner Melbourne +61 3 9672 3052Robert Regan
Partner Sydney +61 2 9210 6620Rod Dann
Partner Brisbane +61 7 3228 9434Sarah Leonard
Partner Perth +61 8 9460 1693Shaun Bailey
Partner Sydney +61 2 9210 6948