The cost of construction projects and its overall profitability is critical to its overall success. When reviewing a contract focus must be turned to any clause that has the potential to reduce a contractor’s payment or puts hurdles in front of getting paid altogether. This final article will explore the third pillar of risk – cost. There is an abundance …
Back to Basics: The Construction Contract Review – Part 3 – Time
Timely completion of a construction project is frequently seen as a major criterion of project success by clients, contractors and consultants alike. However, the concept of time is not the mere elapse of time from contract execution – rather, it is the period for performance of the construction obligations. When reviewing a contract, a contractor must consider; when is construction …
Back to Basics: The Construction Contract Review – Part 2 – ‘Quality’
“Cost is more important than quality, but quality is the best way to reduce cost” ~ Genichi Taguchi Quality of any product or services produced by a contractor is achieved when it conforms to the desired specifications. Quality holds significant risk to a contractor if not achieved or if the contract is not properly drafted to provide clear standards upon …
Back to Basics: Part 1 – The Construction Contract Review
The contract is perhaps the most important part of a construction project to get right; it is the pathway to a successful project and is in all respects ‘the rulebook’. Given the complexity of construction contracts and the risk involved, it is important that the terms are thoroughly reviewed to ensure the risk is allocated to best protect your interests …
Projects & Construction Monthly – August Edition
Welcome to the August edition of Projects & Construction Monthly. This edition addresses: Recovery of Payments – Subcontractors; LPC Lawyers’ ‘Moving Australia Forward’ series; LPC Lawyers’ upcoming article series; Opportunities to join the LPC Lawyers’ team; and Admission to legal profession. Recovery of Payments – Subcontractors The Queensland Building and Construction Commission (QBCC) reported that during the 2020-2021 financial year, …
Moving Australia Forward – Part 4: Australia’s Accelerating Highway Network
Long term investment in critical road and highway networks is set to continue well into the future as investment in Australia’s transport infrastructure network grows. Roads and highways form the backbone of the Australian transport infrastructure networks and will continue to represent a key area for growth into the future. Given projects in the road and highway spheres show no …
Moving Australia Forward – Part 3: Australia’s Expanding Bus Network
Australia’s increasing demand for transport infrastructure to meet the needs of its growing population places considerable pressure on existing assets, like busways and associated bus networks. As funding continues to increase to expand Australia’s transport infrastructure capacity, bus projects will become critical to ensuring long-term sustainability and success. Bus projects will continue to underpin Australian transport infrastructure, given the ability …
Moving Australia Forward – Part 2: Australia’s Growing Rail Network
Australia’s transport infrastructure is underpinned by a combination of rail, bus, and highway networks. Rail networks increasingly shape as a critical component of this and will be the source of increased funding in the immediate future. Notwithstanding this, rail projects are often unique in nature requiring a tailored approach from parties when contemplating the best way to give effect to …
Moving Australia Forward – Part 1: Transport Infrastructure in Australia
Australia continues to experience an infrastructure boom as local, state, and federal government funding grows. Increasingly, the focus of this investment is on sustainable long term transport infrastructure which will prove critical to sustained economic growth moving forward. This article forms the first in a four-part series exploring the various considerations relevant to transportation infrastructure across Australia. This series will …
Getting Paid: Part 3 – So you have lost your adjudication – the end of the beginning
You lost your adjudication, it is the end of the beginning. For many unsuccessful participants in an adjudication the fight has just begun. This article will look at: judicial review; Section 101 Building Industry Fairness (Security of Payment) Act 2017(BIFA) and unjust enrichment; issue estoppel. Judicial Review As a respondent, you may have the option to have the adjudication judicially reviewed. …