|
|
|
|
|
|
 |
Development & Construction Construction Disputes Disputes may arise during the progress of a project or following its completion. In many instances the Contract will determine the actual dispute procedure and what steps can be taken both before and subsequent to completion. Many standard form construction contracts (and sub-contracts) together with Professionals' Appointments (contracts for professional services) incorporate "arbitration" clauses which may be enforceable. Correct choice of dispute procedure is crucial and in making that choice it is essential that lawyers are aware of the many case reports that have a bearing upon such procedures as well as an understanding of the construction process and the operation of the Contracts themselves. We are able to advise and to act in respect of litigation, arbitration and alternative dispute resolution procedures. Typical disputes with which our lawyers assist include:
Environmental Lawtop Environmental law is now a major issue and its importance will continue to grow. Increasing political and public awareness of pollution and environmental problems, together with pressure from lobbyists, is leading the Australian Government to introduce a growing and wider range of environmental legislation and policy guidlines. Now every commercial activity is examined for its potential environmental impact. Apart from specific projects and problems, we can also assist our clients generally in advising on the effect of new environmental/planning legislation and policy. Among the specific areas we cover are:
Construction Contractstop Our construction lawyers can offer full advice to Landowners, Developers, Main + Sub-Contractors and construction professionals concerning Construction Contracts and Professionals Appointments. Whether the matter concerns a building or engineering project or a combination of both, Clients benefit from our lawyers' experience of Standard Form and custom made construction Contracts. The increasingly contractual nature of construction projects and the potential for disputes to arise (and proceed to litigation) means that advice from the inception of a project is crucial. Our lawyers are able to advise on every contractual aspect of a proposed project including:
Professional Appointmentstop We advise on the appointment of Architects, Engineers and Surveyors. Specific matters worthy of consideration from inception are:
Professional Negligencetop Should a completed project prove defective, this may arise from defective design, inappropriate advice as to specification or a failure to ensure that the construction works have been carried out correctly. Prompt, effective advice and representation is crucial as in many instances actions may lie against construction professionals or the Main + specialist Sub-Contractors. Product Liabilitytop Whilst responsibility for Defective Product may, primarily, rest with the party that brought and incorporated the product into the project (i.e. a Main or specialist Sub-Contractor), consideration should also be given to the position of a "specifier" of a particular product i.e. the Architect or Engineer or perhaps a supplier who warranted the product. Consideration is required of any potential liability arising outside of Contract particularly if health or safety issues are concerned. Product liability disputes require an understanding of the legal position both in contract and statute, given particularly the increasing level of legislation. Nuisancetop Standard construction Contracts require Contractors to indemnify the relevant service providers against third parties such as adjoining land owners. An understanding is required of what nuisance is and how damages are measured. Joint Venture, Consortium Agreements & Public/Private Sector Partnershipstop Detailed examination of terms and careful attention to drafting of the documentation are required in order to provide the firm foundation upon which the relationship between the parties will flourish and the project proceed to a profitable conclusion. Our lawyers possess considerable experience in all such arrangements. We will advise upon the most appropriate structure for the venture and attend to the formation of any necessary joint venture companies and preparation of shareholders' agreements. Planningtop Planning legislation is one of the most complex, technical and fast-changing areas of law today. Every development proposal has to satisfy a lengthy list of issues ranging from national and local planning policies through to environmental impact. Our firm consists of lawyers with extensive experience in advising developers, contractors, investors and landowners on the application of current legislation and policy. Our firm's services cover:
Planning & Infrastructure Agreementstop As the planning and development processes become more complex, so do the statutory agreements which have to be concluded before planning permission can be obtained. A thorough knowledge and understanding of the relevant statutory and policy framework is essential. Failure to devote careful attention to the terms of the agreements and to their drafting can have disastrous and far-reaching consequences for the developer, contractor, investor or landowner. Our firm can assist in negotiating and drafting agreements to cover:
Site Assembly, Acquisition and Salestop The skill with which a development site is acquired will be reflected in the production of a title which permits you to service and develop the site without legal difficulties. This demands a thorough understanding of your practical needs and concerns. The successful acquisition of development sites is a specialist area that goes far beyond "conveyancing". Whether your proposals involve immediate or strategic land acquisition, we understand that you will want the site under contract as quickly as possible. We will:
|
Copyright © 2006 Fletcher & Lawson |
|