March 4, 2022
Welcome to the March edition of Projects & Construction Monthly.
This edition addresses:
- Wild weather floods Brisbane – what to do with a flood-stricken site;
- Funding commitment for Paradise Dam repairs;
- Recent announcements in major projects;
- LPC Lawyers’ current ‘Collaborative Contracting’ series;
- LPC Lawyers expands into 2022; and
- Admission to the legal profession.
Wild weather floods Brisbane – what to do with a flood-stricken construction site?
As recent heavy rain swamped Australia’s east coast, the flooding in Brisbane and its surrounds is the worst seen since 2011.
For the construction industry, principals and contractors will need to prepare for a potential raft of claims as the aftermath prompts severe impacts on project schedules and costs in affected areas.
Principals and contractors are encouraged to look to force majeure clauses as a potential lifeboat for parties looking to avoid or allocate liability for damage on flood-stricken sites. If you have been affected by the floods, you should urgently examine your contractual obligations and time frames to ensure you ensure you will have a valid claim for additional time and/or costs.
If you have found yourself on the wrong side of mother nature, read our most recent article on claiming force majeure here.
Queensland’s Paradise Dam repairs
The Queensland and Federal Government have committed to fund $600 million each to restore Paradise Dam in Central Queensland to its full capacity.
Following the 2013 Queensland floods, technical investigations identified significant structural and stability issues which led to the dam being lowered and reduced to half its capacity in 2018.
Restoring the dam to its original 300,000 megalitre capacity will create over 250 construction jobs for the Bundaberg and Wide Bay region and will help investment flow back into the local farming operations.
The project is estimated to cost $1.2 billion with early works set to commence in 2023.
Recent Announcements in Major Projects
Olympics infrastructure – faster rail to the Gold Coast
Queensland has fired the starter’s gun for the 2032 Olympics with the Queensland Government committing an additional $1.121 billion to faster rail services between Brisbane, Logan, Beenleigh and Gold Coast.
As the first piece of Olympics transport infrastructure, the project will create more rail tracks, as well as remove level crossings to facilitate quicker travel at more frequent intervals.
The project has potential to create 900 jobs with the Federal Government been called upon to match the states funding to ensure delivery of this project.
Hydrogen Electrolyser Plant
Construction is underway on the worlds largest electrolyser manufacturing facility, the first stage of Fortesque Future Industries (FFI) Green Energy Manufacturing Centre (GEM) in Gladstone.
The $114 million electrolyser facility will have an initial capacity of two gigawatts per annum more than doubling current global production, and enough to produce more than 200,000 tonnes of green hydrogen.
The first electrolysers manufactured at the facility will roll off factory floor in 2023 and are earmarked to be used in Queensland at FFI’s proposed ‘green hydrogen to ammonia’ project at Gibson Island.
Cairns Southern Access Upgrade
The $225 million planning contract for stage 5 of the Cairns Bruce Highway Upgrade has been awarded to AECOM. The upgrade of a key intersection south of Cairns is part of the Government’s
15-year, $13 billion Bruce Highway Upgrade Program aimed at improving traffic flow, safety and easing traffic congestion.
Planning is expected to be complete in early 2024.
LPC Lawyers’ ‘Collaborative Contracting’ Series
Part 1 – Collaborative Contracting Driving Successful Projects
This series is designed to assess the growing shift away from contracting models in Australian infrastructure projects. Part one details the key considerations to keep in mind when determining if collaborative contracting is the right approach for your next project. Read more here.
Part 2 – Drafting Collaborative Contracts
Part two explores key considerations when drafting collaborative contracts and highlights the operation of collaborative tools commonly used in contracting, including cooperative values, cooperative obligations and cooperative interfaces. Read more here.
Part 3 – Ensuring Collaborative Success
Part three details the key considerations parties should keep in mind when determining what steps should be taken to deliver a successful collaborative project. Read more here.
Part 4 – The Rise of a New Standard: Cost Reimbursable Target Cost Contracts
Part 4 explores an increasingly common form of contracting on large scale infrastructure projects, Target Cost Contract. The article explores that these contracts are, how they incentive performance, why they are commonly used, and key considerations parties should keep in mind. COMING SOON.
LPC Lawyers expands into 2022
LPC Lawyers is looking to hire a Construction Litigation Lawyer (1 to 3 years PAE) and a Law Clerk as we expand and continue our plan for growth.
Litigation Lawyer (1-3 years PAE)
The candidate requires experience in drafting correspondence, simply pleadings, briefs for Counsel and some advisory work for clients. Familiarity with the Security of Payment legislation is ideal, but is not mandatory.
Law Clerk
The role is ideal for a candidate in their third or fourth year of study and includes preparation of legal documents and correspondence, assisting solicitors with case management, conducting legal research and general administrative tasks. The candidate must be available to work three days a week.
For more information or to apply, please email your resume and cover letter to [email protected] and [email protected].
Admission to the legal profession
Last month LPC Lawyers celebrated the admission of Quinn Hironaka to the Supreme Court of Queensland. Quinn’s admission demonstrates the firm’s commitment to developing young talent and our continued plan for growth. We look forward to seeing all Quinn accomplishes.