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Construction and Infrastructure

Construction and Infrastructure

KCL Law’s Construction and Infrastructure practice acts for some of Australia’s largest residential property developers, commercial and industrial builders, civil contractors and engineers and has a particular focus on risk minimisation by providing strategic legal advice through the entire duration of a project or its ‘back-end’. Having been involved in a number of landmark court cases, KCL Law has a reputation as a leading firm in relation to adjudications under the Security of Payment Act (Australia wide).

Our construction and infrastructure lawyers are industry experts who understand the market and the drivers that determine successful project outcomes. While specialising in both ‘front-end’ (projects) and ‘back-end’ (dispute resolution) construction and infrastructure law, our dedicated team of lawyers provide clients with accurate, innovative solutions in a timely manner and regularly represent clients in complex construction litigation.

Our construction and infrastructure lawyers have advised on major infrastructure projects, including motorways, hospitals, universities and railways, as well as construction and engineering projects, such as desalination plants, process manufacturing, regional pipeline projects and major subdivisions.

Our lawyers work with our clients on all aspects of a project, including:

bids, tender preparation and negotiations;
drafting all manner of project specific contractual documentation;
claims management and dispute resolution; and
adjudication under the Security of Payment Act (Australia wide).

Our Construction and Infrastructure practice is large enough to handle complex matters, while at the same time preserving that ever important point of contact at the most senior level.

KCL Law’s Construction and Infrastructure practice is proudly a Corporate Member of the Society of Construction Law Australia and Property Council of Australia — Victoria Division.

Recent matters

More recently, and in addition to mixed-use projects, we have been involved in a range of ‘front-end’ major projects, including:

Desalination Plant, Victoria;
Sunbury Electrification Project, Victoria;
Melbourne Rectangular Stadium, Victoria;
Wyndham Harbour, Victoria;
Ellerton Drive Extension, New South Wales;
RACV Torquay, Victoria;
Brisbane International Airport, Queensland;
Perth International Airport, Western Australia;
Epworth Hospital, Victoria;
Mt Macedon Wind Farm, Victoria;
Peninsula Link, Victoria; and
Melbourne Airport (MLS Tunnel), Victoria;
Melbourne Airport Southern Precinct (MLS Carpark), Victoria;
Metro Tunnel, Victoria
Western Road Upgrade (WBHO);
Box Hill Central Redevelopment, Victoria; and
Eastland (various projects including VicRoads Business Hub).

Landmark court cases

We have been involved in many of Victoria’s landmark court cases in the area of Security of Payment and regularly represent clients during the adjudication process under that Act and in judicial appeals, which have included:

Vaughan Constructions v Siemens (’06)
Protectavale v K2K (’08)
Grocon v Planit Cocciardi (’09)
Gantley v Phoenix International (’09)
Hallmarc v Saville (’14) (Court of Appeal)
RAW v JBK (’16)
Contract Control Services v Department of Education (’17)
Vanguard v Promax (’18)

Our team

Our Construction and Infrastructure practice is led by Darren Cain, Principal Lawyer and Head of Construction and Infrastructure, and Damien Simonetti, Principal Lawyer, are complemented by Senior Associates Liam Murray and Dominic Brown, Associates Callum Ernikiolis and Samar Chowdhery and Lawyers Cynthia Chua and Taslyn Govender.

Recognition

Principal Lawyer Darren Cain and the Construction and Infrastructure practice have been recommended for the seventh consecutive year in the Doyles Construction Guides, Leading Construction & Infrastructure Litigation Lawyer — Victoria, 2024 and a Leading Construction & Infrastructure Litigation Law Firm — Victoria, 2024 respectively.