Our construction lawyers specialise in both the front and back end of construction projects along with advising on construction funding and fund through arrangements. We provide early-stage advice on the most suitable procurement method, drafting early works and multi-staged contracts and requests for tender, along with drafting and negotiating construction contracts and associated documents.
We understand the commercial requirements and risk allocation issues for real estate construction projects, including the unique risk factors which arise when construction is conditional upon a successful capital raising, when the principal is not the registered owner, when construction funding is connected with fund through arrangements, and when the built works are required to satisfy pre-commitment agreements, such as agreements of release and off-the-plan sales contracts. Our experience in construction litigation means we are focused on managing and resolving potential disputes early, economically, and favourably.
Acting for Wagner Corporation in drafting and negotiating construction contract documentation for the ongoing development and expansion of the Wellcamp Business Park (Toowoomba), including for the expansion of the Wagner Corporation CFT facility, construction of the Regional Trade Distribution Centre, Qantas pilot training facility, and various tenant construction and expansion projects.
Advising on arrangements with the State of Queensland for the delivery of a mixed-use regional trade distribution centre situated in the Toowoomba Wellcamp Business Park and drafting and negotiating the construction contract.
Advising Australia’s largest unlisted self-storage investment group across the development of their portfolio, including advising, negotiating, and drafting construction contracts for the off-the-plan development at Hendra (Brisbane Airport precinct) site, along with development of subsequent stages on multiple sites, including at Noosaville, Kawana, and Rockhampton in Queensland, and Narre Warren in Victoria.
Acting for LaSalle Investment Management in the redevelopment, leasing and associated asset management work for 293 Queen Street, a $52 million seven-storey office building located in Brisbane's Golden Triangle, including drafting, negotiating, and advising on multiple construction contracts in connection with redevelopment works.
Acting for LaSalle Investment Management in the redevelopment, leasing and associated asset management work for 307 Queen Street, a $150 million 26-storey office tower in the Brisbane CBD, including surrender and repositioning of leases for Bank of China, Heritage Bank, Palladium Group and Corporate Travel Management, and drafting, negotiating, and advising on multiple construction contracts in connection with redevelopment works.
Advising a listed alternative investment manager on a residential development, including negotiating the site acquisition, legal due diligence, preparing off-the-plan sales documentation and scheme establishment documents, negotiating construction funding and construction contracts, and project managing sales and settlement of contracts.
Advising on drafting and negotiating multiple construction contracts for the redevelopment works and fit out of new tenancies at 288 Edward Street, Brisbane, a 28-storey CBD office tower, and 130 Queen Street, Brisbane, a four-storey retail building, plus advising on the management of tenants continuing to trade whilst the works are undertaken.
Drafting and negotiating construction contracts and subcontracts.
Drafting and negotiating construction contracts for residential apartment projects.
Drafting and negotiating consultant contracts for the appointment of project managers, architects, engineers, and quantity surveyors.
Advising on builder's side or tripartite deeds.
Advising on administration of construction contracts, including claims for extensions of time and variations.
Acting for property fund managers and landowners seeking damages for defective and negligent design and construction and advising on construction industry security of payments legislation.
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
‘They looked at the bigger picture and the end result rather than point-scoring on items that were not critical to the outcome.’ Chambers Asia Pacific Guide
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’ Chambers Asia Pacific Guide
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’ Chambers Asia Pacific Guide
We are ranked as leaders in our focus industry sectors – funds management and real estate
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘They see the big picture across all real estate sectors, including commercial, industrial, and residential, as well as alternative asset classes.’ Chambers Asia Pacific Guide
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘They have been very effective in partnering with us ... their service is first class and they make you feel they are an extension of your own team.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
‘McMahon Clarke’s team punches above its weight. It is a boutique funds practice which is very good at property funds and fund restructuring work.’ Chambers Asia Pacific Guide
Recognised in Best Lawyers in Australia for Corporate Law
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
Recognised for Real Property Law in Best Lawyers in Australia