This instalment in LPC’s What’s Up in Water? will highlight different contracting models being used in water infrastructure projects across Australia, and also identifies contract clauses of particular importance when drafting (or amending) construction contracts in the water industry. When selecting a contract model (and type of contract – bespoke or standard form), it is important to consider the practicality and clarity …
WATER SERIES – PART 2 – IMMEDIATE & FUTURE CHALLENGES
The Second instalment in LPC’s What’s Up in Water? Series will focus on the unique challenges faced by Australia’s water industry that are the driving force behind new (and expedited) solutions to challenges that have long been considered by the water industry. Every aspect of life is impacted by water – from ensuring access to safe and reliable drinking water, to treating …
WATER SERIES – PART 1 – INFRASTRUCTURE & EXPENDITURE
If COVID19 has taught us anything, it’s the importance of washing your hands, and by extension, the importance of the taps and the vast network of infrastructure that keep our water flowing. However, it didn’t take a pandemic to realise that water is essential to every aspect of life. The importance of the water industry is reflected in the significant …
Projects & Construction Monthly – July Edition
Welcome to the July edition of Projects & Construction Monthly. Lamont Project & Construction Lawyers provide our clients with market-leading advice and specialised services in public and private projects, both nationally and internationally. We invite you to join us as we extend our services to provide you with the latest industry news, alerts, legislation updates, judgments, and announce upcoming client-focused …
Railway Series – Part 5 – Stakeholder Engagement through KPI’s
The complex and uncertain nature of large railway construction projects requires an effective stakeholder management approach and a strong stakeholder engagement to accommodate conflicting stakeholder interests, reduce risk and deliver excellent project outcomes. Stakeholders usually have their own interest in the project which can potentially cause different priorities, conflicts and dramatically increase the complexity of the project. Stakeholder engagement requires …
Security of Payment Update – Western Australia
On 25 June 2021, the Building and Construction Industry (Security of Payment) Bill 2021 (WA) (the Bill) received Royal Assent to replace the Construction Contracts Act 2004 (WA) (CCA). The Bill introduces new protection measures to safeguard subcontractors and provide an effective rapid dispute resolution process. The reforms follow the administration of Western Australian Contractor, Pindan Group (and its subsidiaries) …
Railway Series – Part 4 – Managing Risk in Railway Projects
Risk must be effectively identified and managed throughout any project to ensure the project delivery risks are effectively recognised and accounted for. Risk plays a key role in a railway project contract and requires an ongoing monitoring process throughout the project’s life. Project risk, especially for railway projects, require: identification; assessment; allocation; mitigation; and monitoring and review. The …
Railway Series – Part 3 – Pain Share/Gain Share in Railway Projects
The philosophy behind target cost contracts (TCCs) in railway projects is underpinned by a risk and reward compensation regime. This means parties equitably share in the financial ‘gain’ of a project’s success or the financial ‘pain’ of a project’s underachievement. All parties to a contract therefore have a shared interest in the overall success of the project. The pain share/gain …
Railway Series – Part 2 – Target Cost Contract Model
Due to inherent problems with the traditional Lump Sum Contract and Cost-Plus Contract procurement method in terms of project cost and risk, Target Cost Contracts (TCC) are increasingly becoming the contractual model of choice for large scale projects. This article will explore the perceived benefits of adopting the TCC based procurement strategy when accompanied by the gain-share/pain-share arrangement, and why …
Australian Infrastructure – The Railway Series
The rail infrastructure space has never experienced such a boom. Throughout Australia there is expansions and new projects occurring both in metro and rural locations. Currently, Australia’s biggest rail projects include: Sydney Metro Project – ~$12.5 billion; Melbourne Metro Project – ~$11 billion; Inland Rail Project – ~$10 billion; Cross River Rail in Brisbane – ~$5.4 billion; and Perth Metronet …