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Real Estate Services

Construction Projects

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.

Examples of our work

Wellcamp Business Park (Toowoomba)

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.

Wellcamp Trade Distribution Centre (Toowoomba)

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.

StoreInvest

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.

293 Queen Street (Brisbane)

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.

307 Queen Street (Brisbane)

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.

Aura, Milton (Brisbane)

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.

Marquette Investment Managers Pty Ltd

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.

FK Gardner

Drafting and negotiating construction contracts and subcontracts.

Listed Alternative Asset Manager

Drafting and negotiating construction contracts for residential apartment projects.

Consultants

Drafting and negotiating consultant contracts for the appointment of project managers, architects, engineers, and quantity surveyors.

Finance

Advising on builder's side or tripartite deeds.

Contract administration

Advising on administration of construction contracts, including claims for extensions of time and variations.

Construction disputes

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.


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Contact McMahon Clarke

Brisbane
T +61 7 3239 2900
A Level 7, 100 Creek Street, Brisbane Qld 4000

Melbourne
T +61 3 9909 1400
A Level 2, 696 Bourke Street, Melbourne Vic 3000