January 7, 2022
Welcome to the January edition of Projects & Construction Monthly.
This edition addresses:
- The growth of LPC Lawyers;
- The Christmas and New Year shutdown period ending;
- Recent major projects; and
- LPC Lawyers’ current ‘Bridging the Gap’
LPC Lawyers’ Expansion into 2022
Lamont Project and Construction Lawyers’ team of highly experienced industry professionals has grown as we head into 2022 with the addition of three Solicitors, Stephanie Purser, Ryan Bryett, and Kristopher London as well as a Graduate-at-Law, Quinn Hironaka. Read more about our team here.
Over the last year, the firm has been involved in multiple large and complex construction and infrastructure projects and contract disputes on a national scale. We continue to be the ‘go-to’ law firm across the major projects and construction industry within Australia.
This expansion of our team as we enter the New Year demonstrates our continued commitment to providing the highest quality legal advice and service to our clients.
The New Year & Payment Claims
Building off our December edition, the ‘Christmas blackout period’ under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) will end on Monday, 10 January 2022 for those in the building and construction industry. This means the statutory timeframes for deadlines will pick-up where they left off on 22 December 2021 under the BIF Act.
What this might mean for you:
If a claimant made a payment claim prior to the start of the Christmas blackout period, the period for a respondent to provide a payment schedule will include the business days from the time they received the claim up to 22 December 2021 whereby the statutory 15 business day period or period specified in the contract in effect pauses until 10 January 2022, with 11 January 2022 being the first “business day” under the BIF Act.
Further, if a claimant made a payment claim during the Christmas blackout period, the relevant deadline for providing a payment schedule be 31 January 2022 under the BIF Act.
That said, we encourage building and construction industry participants to check their contracts for specified periods and consider all significant dates that may have been affected by the blackout period, including alternative due dates for submitting payment claims and payment obligations.
Recent Major Projects
Bridge Inn Road Upgrade
As part of Victoria’s Big Build, the Victoria Government has awarded Laing O’Rourke the Bridge Inn Road Upgrade project which forms part of a $2.27 billion Suburban Roads Upgrade.
The project will upgrade a 3.5km section of Bridge Inn Road from 2 lanes to 6 lanes near Plenty Road and 4 lanes at the eastern end, requiring the protection and/or relocation of over 250 utilities to enable the road widening. It will further involve the construction of a new bridge over Plenty River and transform the existing heritage bridge to connect with a walking and cycling path.
Major construction on the Bridge Inn Road project is expected to start in the first half of 2022 and be completed by 2025.
MacIntyre Wind Farm
The Queensland Government committed to a $1.96 billion contract with ACCIONA for the construction of the MacIntyre Wind Farm Precinct (the Precinct), located 200km of Brisbane in the Darling Downs South-West region.
The project will include 180 wind turbines propelling up to 1,026 megawatts of energy into Queensland’s electricity network. Once operational the Precinct is expected to generate enough renewable electricity to supply about 700,000 Queensland homes.
Construction is due to commence in Quarter 1 2022 with the project completed by Quarter 4 2024.
Rail Corridor Program – Narromine to Gowrie
The Australian Rail Tract Corporation (ARTC) has awarded Martinus Rail with an estimated $300 million contract for the delivery of the Inland Rail Freight Corridor sections between Narromine and Moree in New South Wales to Gowrie, Queensland.
The project involves approximately 570 kilometres of above-ground works, including track construction, rail welding, laying ballast, sleepers, the transportation of materials, and the installation and commissioning of level crossings. This forms a crucial part of the Inland Rail project, as it will deliver the two largest greenfield sections of the railway providing the link between Queensland and New South Wales.
Major construction is set to begin following statutory approvals have been received from the New South Wales, Queensland, and Australian governments but shovels are expected to hit the ground in 2022.
LPC Lawyers’ ‘Bridging the Gap’ Series
LPC Lawyers have recently completed the publication of a three-part series on all things bridges in Australia.
Part 1 – ‘Bridge Projects In Australia’
The first part of the series explores some of the current bridge projects and programs underway in Australia, and the challenges encountered in bridge construction. Read more here.
Part 2 – ‘Geotechnical Investigations and Bridge Design Standards’
Part two explores the geotechnical and design standards essential to ensure newly built and renewed bridges are fit for purpose in Australia. Read more here.
Part 3 – ‘Risk Allocation and Management in Bridge Projects’
The final publication of the series explores common design and construction risks encountered in bridge projects, and the importance of adopting the most appropriate contracting model for risk allocation. Read more here.