This article forms the first in a four-part series exploring the legal underpinnings of the Australian roads industry. The series will explore various legal questions and considerations relevant across the roads industry, from project inception through to practical completion.
The Australian road industry continues to experience large-scale growth as continued investment occurs into domestic infrastructure. Underpinned by the Federal Government’s investment of $110 billion over the next 10 years in Australian transport infrastructure, expect continued expansion and development within the road infrastructure network.
Some of the largest road projects in Australia, either already under construction, or set to commence construction shortly, include:
- WestConnex (NSW) (estimated value – $16 billion);
- Bruce Highway Upgrade Program (Qld) (estimated value – $8.5 billion);
- West Gate Tunnel (Vic) (estimated value – $6.8 billion);
- Western Sydney Infrastructure Plan (NSW) (estimated value – $2.9 billion);
- M80 Ring Road Upgrade (Vic) (estimated value – $2.25 billion); and
- Princes Highway Upgrade (NSW) (estimated value – $450 million).
Further, as part of the Queensland State Budget for 2021-22 there has been a $13 billion commitment to upgrading priority sections of highway. These projects include:
- Northern Brisbane upgrades to the Gateway Motorway and Bruce Highway (estimated value – $2.1 billion);
- Rockhampton Ring Road (estimated value – $1.065);
- Pacific Motorway Varsity Lakes to Tugun Upgrade (estimated value – $1 billion);
- Pacific Motorway Daisy Hill to Logan Motorway (estimated value – $1 billion);
- Bruce Highway Cooroy to Curra Section D (estimated value – $1 billion);
- Bruce Highway Caloundra Road to Sunshine Motorway Upgrade (estimated value – $932.3 million);
- Pacific Motorway Eight Mile Plans to Daisy Hill Upgrade (estimated value – $750 million);
- Bruce Highway Caboolture – Bribie Island Road to Steve Irwin Way Upgrade (estimated value – $662.5 million);
- Warrego Highway Upgrade (estimated value – $543.9 million); and
- Bruce Highway Haughton River Floodplain Upgrade (estimated value – $514.3 million).
These projects collectively not only represent an increase in growth and expansion in investment into Australian roads, highways, tunnels, and bridges, but are underpinned by continued development of critical infrastructure assets. Given transport infrastructure increasingly represents a critical tool to generating economic growth and development, such investment is likely to continue into the foreseeable future.
However, these projects often involve complex legal and commercial matters which require adequate consideration during initial project stages to ensure long-term success. Through seeking legal advice early in a project’s lifecycle, legal matters can be addressed in an effective and efficient manner, while assisting in the adoption of appropriate governance structures to maximise project performance.
The Lamont Project and Construction Lawyers team is well versed in dealing with road projects, their unique challenges and implementing contractual frameworks which best align with project objectives. Through working alongside client’s during a projects infancy we can maximise the long-term benefits to our clients. Our comprehensive understanding and experienced working across a project’s lifecycle allow a tailored approach that adopts applicable governance and assistance structures, that contractual rights and obligations are effectively administered, and disputes can be managed efficiently.
This full-service holistic approach allows our team to be deployed across the lifecycle of a project as it becomes required, and deal with matters in a way tailored to addressing the unique challenges in complex road infrastructure projects.
This series will highlight typical considerations during road projects and their practical significance, including typical early stages in a project’s lifecycle, contracting strategies and risk allocation. Knowledge of these critical areas maximises the potential for long-term success on projects and achieving project objectives.
If you have any questions about your current or future projects, please do not hesitate to contact Lamont Project and Construction Lawyers for a discussion on how we can assist you.