Following my colleagues’ recent consideration of force majeure clauses (in light of recent extreme weather and flooding events in Queensland) it is also timely to address the potential impacts of another force majeure event; war. Recent tensions between Russia and Ukraine have escalated into war. The world looks on with renewed uncertainty as the effects of this conflict ripple through …

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 …

Coined as a ‘rain bomb’, the past week’s weather event was powerful enough to restrict site access, flood and contaminate construction projects. An event of this magnitude is extraordinary and therefore difficult to anticipate, leaving parties to a construction contract uncertain. Force majeure clauses may prove to be a lifeboat for parties looking to avoid or allocate liability for damage on flood-stricken …

Collaborative contracts can be fraught with issues if communications breakdown and finger pointing begins. Regardless of parties’ initial intentions or early project euphoria, if a party determines it is better for them to allocate blame instead of working collaboratively to resolve issues, the project is likely to suffer as parties focus on disputes instead of reaching practical completion. However, contracting …

When determining how to integrate collaborative obligations and requirements into contract, there are various approaches which may be taken. Increasingly, the inclusion of specific provisions in contract has underscored how traditional contracts can be adapted and amended to suite specific cooperative requirements. Collaborative contracting is primarily facilitated through the inclusion of three separate, but intertwined, contractual provisions, being: 1.    cooperative values; …

The adoption of collaborative contracting is increasingly seeing wider use within the Australian infrastructure sphere. This growing trend has seen support for such approaches grow as parties seek to address the deficiencies seen within traditional contracting approaches. This shift represents a significant departure from traditional contracting models and suggests principals, contractors, subcontracts, consultants, owners, and financiers should familiarise themselves with …

Both the Federal and State Governments have made substantial public investments into the construction industry to kick-start the post-pandemic economy in 2022. Each State has different covid restrictions in place which means accelerated post-pandemic project announcements coupled with varied jurisdictional requirements may create complexities when dealing with contract administration. Covid Concerns The table below sets out the typical project covid …

Welcome to the February edition of Projects & Construction Monthly. This edition addresses: The construction industry’s new gender equality policy; The major funding announcement for next generation grid scale batteries; Recent announcements in major project; LPC Lawyers is hiring; and LPC Lawyers’ current ‘Pandemic Projects’ series. Victoria’s Building Equality Policy Set to Shake Up the Construction Industry: Concrete walls are …

Construction contracts are the primary tool for allocating known and unknown risks between principals and contractors; however, COVID-19 has emphasised the tendency for a disproportionate allocation of risk on contractors for procurement. This has resulted in contractors experiencing additional financial burdens due to unforeseen costs not accounted for during bidding. It is imperative for contractors to consider the different approaches …

COVID-19 will be a consideration for all construction projects for the near future. The resilience of industry participants has been tested by lockdowns, government directions and contractual agreements that had not contemplated the pandemic. The practical implications of COVID-19 for current projects are labour and supply shortages may mean that disputes emerge on many construction project horizons. Practical Implications Labour …