Allens

Construction & Major Projects

Our experienced Construction legal team regularly publishes articles and updates - the full list of publications appears below. The construction group's articles and publications provide timely and accurate insights into the industry, including analysis of legislation and news on upcoming seminars. This information is relevant to owners, contractors, subcontractors, government instrumentalities, developers, investors and consultants. If you'd like to be notified when we add new construction publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Download the 2015 edition of Construction Law Year in Review.

Previous versions can be downloaded here: 2014, 2013, 2012, 2011, 2010, 2009, and 2008.

Construction & Major Projects Publications

  • Client Update: Breaking Ground

    29 July 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Client Update: Breaking Ground

    15 July 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Post-termination payment claims - new issues

    8 July 2013

    A recent decision has upheld that a party to a terminated construction contract cannot make a subsequent payment claim under BCIPA. Partner Ren Niemann and Overseas Practitioner Andrew Middleton report on the case and its implications.

    Read More
  • Focus: National infrastructure plan revealed

    5 July 2013

    Infrastructure Australia has released a 50-year plan for national infrastructure, including an update to the national infrastructure priority list. The plan identifies key infrastructure challenges, and what needs to be done to address them in the near and long-term future. Partner Emma Warren and Lawyer Freya Dinshaw report.

    Read More
  • Client Update: Breaking Ground

    28 June 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Warning - SOPA will not apply to construction works on mining leases

    27 June 2013

    A recent decision has significantly altered security of payment conditions for construction works undertaken on mining leases. Partner Michael Ilott, Senior Associate Nikki O'Leary and Law Graduate Emily Giblin report on the case and on its commercial impact.

    Read More
  • Focus: Uncertain times ahead - the Queensland Building Services Authority no longer!

    20 June 2013

    The Queensland Government recently launched its 'Ten Point Action Plan' which it proposes will restructure the regulation of Queenland's construction industry. As part of that process, the Queensland Building Services Authority will be replaced by the Queensland Building and Construction Commission. Partner Ren Niemann and Lawyer Goran Gelic report on this development and its implications.

    Read More
  • Client Update: Breaking Ground

    14 June 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

    Read More
  • Focus: Security of payment - Payment schedule a pre-requisite for contractual defence

    13 June 2013

    A recent NSW Supreme Court decision emphasises the importance for principals to ensure a payment schedule is submitted in response to a payment claim made under NSW's security of payment legislation, even where it appears that the time for lodgment of a payment claim under the contract has not arisen. Partner Dan Young and Senior Associate Luisa Uriarte report.

    Read More
  • Focus: Serving a response - just press send?

    5 June 2013

    A recent decision by the Supreme Court of WA not to quash an adjudication determination, even though the adjudicator's findings may have been wrong, revolves around issues of sending responses to an adjudication electronically. Partner Michael Hollingdale reports on a case that has broad implications for service under WA's electronic transactions legislation.

    Read More
  • Client Update: Breaking Ground

    31 May 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Client Update: Breaking Ground

    17 May 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Are you at risk of a SOPA claim by your contractor's subbies?

    16 May 2013

    The New South Wales Supreme Court recently clarified when 'other arrangements' may exist for the purposes of the definition of what constitutes a construction contract. Partner Brian Millar and Lawyers Garrett Williams and Trieste Corby report.

    Read More
  • Focus: Best practice for traditional contracting in infrastructure procurement

    13 May 2013

    A new framework proposing a national best practice approach for governments for traditional contracting in infrastructure procurement has been issued. Partner Emma Warren and Lawyer Fiona Borrelli report.

    Read More
  • Client Update: Breaking Ground

    3 May 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below.

    Read More
  • Client Update: Breaking Ground

    19 April 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Security of payment - mixed messages

    18 April 2013

    The Queensland Supreme Court has further clarified the requirements for payment claims under the Building and Construction Industry Payments Act, sending mixed messages to the wider construction industry. Partner Ren Niemann and Lawyers Matt Thomas and Goran Gelic report on this decision and its implications.

    Read More
  • Focus: What if you disagree with a referee?

    17 April 2013

    The New South Wales Court of Appeal has recently confirmed the principles underpinning the exercise of a court's discretion to adopt, vary or reject a referee's report. The decision highlights the limited basis on which such a decision can be challenged, particularly when the challenge relates to factual findings made by a referee. Partner Brian Millar, Senior Associate Lee Moore and Lawyer James Gonczi examine this decision.

    Read More
  • Focus: An unhappy Christmas tale!

    10 April 2013

    A recent NSW Supreme Court case highlights the importance of being aware of time periods (especially around holiday periods) in relation to progress payment claims. Partner Michael Hollingdale and Law Graduate Emma Cundale look at the consequences of a failure to adhere to the strict requirements for the service and response to progress payment claims.

    Read More
  • Client Update: Breaking Ground

    5 April 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

    Read More
  • Client Update: Breaking Ground

    21 March 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

    Read More
  • Focus: Failing to respond on time

    12 March 2013

    The consequences of a party's failure to serve an adjudication response within the timeframe set by WA's security of payment legislation was highlighted by a recent Supreme Court of Western Australia decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Lawyer Samantha Lord report.

    Read More
  • Client Update: Breaking Ground

    8 March 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Security of payment - the 'mining exclusion' considered again!

    22 February 2013

    The Queensland Court of Appeal has again taken a narrow interpretation of the 'mining exclusion' under Queensland security of payments legislation. Partner Ren Niemann and Lawyer Goran Gelic report on this decision and its implications.

    Read More
  • Client Update: Breaking Ground

    22 February 2013

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Client Update: Breaking Ground

    8 February 2013

    Welcome to our first issue for 2013 of Breaking Ground, a regular publication by the Allens Construction & Major Projects group to keep you informed of the latest news and developments in this area. We hope you all had a very merry Christmas and wish you a happy New Year.

    Read More
  • Focus: Security of payment - what's spam got to do with it?

    10 January 2013

    The New South Wales Supreme Court has reaffirmed that parties are entitled to relief from an adjudication determination where there has been jurisdictional error or where they have not been afforded natural justice. Partner Brian Millar, Senior Associate Lee Moore and Lawyer Trieste Corby consider the implications of this decision.

    Read More
  • Client Update: Breaking Ground

    20 December 2012

    From all of us at Allens, we wish you a very Merry Christmas and a safe and happy New Year. We would like to thank you for your support throughout the year. Breaking Ground will recommence in February 2013 and once again keep you up-to-date with the latest news and developments in 2013.

    Read More
  • Focus: Raising the industrial relations bar in NSW

    17 December 2012

    With the release of its draft industrial relations guidelines, the NSW Government is attempting to introduce a more stringent regime governing public sector construction best practice than the current Federal regime. Partner Nigel Papi and Lawyer Stuti Sethi report.

    Read More
  • Focus: Considering whether proportionate liability applies to arbitrations in WA

    13 December 2012

    The WA Supreme Court recently held that Western Australia's proportionate liability legislation does not of its own force apply to arbitral proceedings for disputes governed by WA law. Partner Brian Millar and Senior Associate Lixian Liang report.

    Read More
  • Client Update: Breaking Ground

    7 December 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Client Update: Breaking Ground

    23 November 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Security of payment - the 'mining exclusion' under the microscope

    19 November 2012

    The mining and construction industries have received mixed messages after the Queenland Court of Appeal adopted a narrow interpretation of the 'mining exclusion' under the state's building and construction industry payments legislation.

    Read More
  • Focus: Letters of intent - to bind or not to bind?

    14 November 2012

    Recently, the Full Court of the Federal Court considered whether a letter of intent with a 'subject to contract' clause was binding and, consistent with a recent UK decision, confirmed that the courts will, in the absence of any express statement, look at the objective intention of the parties in determining whether such a letter is binding. Partner Nigel Papi and Senior Associate Lee Moore consider the implications of this decision.

    Read More
  • Focus: Significant projects and Infrastructure facilities in Queensland - Proposed changes to the approval process and the powers of the Coordinator-General

    14 November 2012

    In brief: Proponents and operators of major projects in Queensland need to be aware of important proposed changes that will impact upon the assessment and approval process for 'significant projects' and 'infrastructure facilities of significance', and the disposal of land in State Development Areas. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

    Read More
  • Client Update: Breaking Ground

    9 November 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Client Update: Breaking Ground

    26 October 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: WA case clarifies scope of possible challenges to adjudicator's decision

    25 October 2012

    A recent Supreme Court of Western Australia decision has found that a party aggrieved by an adjudicator's decision that he or she has jurisdiction to make a determination, or who considers that there has been a denial of natural justice, can apply to the court for a declaration that the determination is invalid. Also, the existence of an offsetting debt is not grounds for refusing leave to enforce a determination. Senior Associate Jeremy Quan-Sing and Lawyer Leila Peggs report.

    Read More
  • Client Update: Breaking Ground

    12 October 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Arbitration Quarterly

    10 October 2012

    We look at a decision of the High Court of India that should make it easier to enforce foreign awards in that country; whether judicial acts are 'acts of state' for the purpose of the act of state doctrine; a notice of investment dispute that has been issued to the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia; competition law as a 'mandatory' law for arbitration in Australia; and a decision to stay court proceedings in favour of arbitration made in the context of multiple agreements governed by multiple laws.

    Read More
  • Focus: Dispute resolution clauses - follow the Yellow Brick Road

    5 October 2012

    The Queensland Supreme Court has confirmed that, where possible, it will hold parties to the dispute resolution procedures in a construction contract before it allows recourse to legal proceedings. Partner Adrian Baron and Lawyer Laura Nagy report.

    Read More
  • Client Update: Breaking Ground

    28 September 2012

    In brief: Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

    Read More
  • Focus: Draft NSW long-term transport plan released

    19 September 2012

    With the release of its draft long-term transport plan, the NSW Government has signalled that it will look to the private sector to assist in financing future transport projects. Partner Nigel Papi and Senior Associate Lixian Liang report.

    Read More
  • Focus: Conditions on payment claims (remain) unenforceable

    17 September 2012

    Contractual conditions placed on a payment claim for construction work are at risk of being unenforceable under Queensland's security of payment legislation. Partner Adrian Baron explains.

    Read More
  • Client Update: Breaking Ground

    14 September 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: Payment claim overturned because contractor unlicensed

    10 September 2012

    The Supreme Court of Queensland has confirmed that a contractor will not be able to make a payment claim under security of payment legislation or under a contract where it has agreed to provide services for which it is not licensed. This will be the case even if the contractor was licensed for some (but not all) of the work and the contract contained a standard severability clause. Partner Dan Young and Lawyer Scott Lang report.

    Read More
  • Focus: Interpreting reimbursement of cost clauses

    6 September 2012

    A recent Queensland Supreme Court decision provides a good insight into the interpretation of a reimbursement for actual costs provision in a collaborative consultancy agreement. Partner Nick Rudge, Senior Associate Nikki O'Leary and Law Graduate Matthew De Remer report on the case, which points to the importance of clearly drafting the basis of any reimbursement of costs clause.

    Read More
  • Client Update: Breaking Ground

    31 August 2012

    Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

    Read More
  • Focus: New PPP guidelines for NSW

    27 August 2012

    The New South Wales Government has issued new guidelines to govern the private public partnership procurement process in that state. Partner Nigel Papi and Lawyer Tom Levi report on the new guidelines, which are intended to supplement the national PPP guidelines

    Read More
  • Focus: Guidance on show cause notices and expert evidence

    22 August 2012

    The Supreme Court of Victoria has provided practical guidance on the content of show cause notices issued under Australian Standard form contracts and how parties should respond to them, and also commented on the requirements for the admissibility of expert evidence. Partner Nick Rudge, Senior Associate Nicholas Gallina and Law Graduate Matthew De Remer report.

    Read More