High quality and safety are such important metrics for the construction industry, but delivering projects on time and within budget is undoubtedly the biggest challenge. At the front-end, M+K work with you on contracts, finance documentation and tenders. If a dispute arises, we aim to ensure appropriate resolution by the most cost-effective means.
National Head, Construction + Engineering
Roland Burt | Principal03 8615 9966
Protecting a contractor
Work was halted for 12 months on a CBD office site when the retaining walls of an 18m deep underground carpark excavation moved, risking catastrophic collapse. While the GFC ran its course, we advised the civil works contractor in navigating a path through negotiations with the builder, the owner and a subcontractor, and in litigation against the contract works insurer. The client survived and is now prospering.
Advising a foreign bank on a AUD100 million syndicated loan facility for development and construction of a CBD apartment tower.
A 50 tonne gantry crane used for tunnelling works on a sewer reconstruction project suffered mechanical failure. Litigation between the construction company, the crane manufacturer, a professional indemnity insurer and a product liability insurer was resolved at mediation.
Advising an international engineering company on a contract for the design, manufacture and supply of an ammonium nitrate plant (based on AS4911-2003 Australian Standard General Conditions for the Supply of Equipment without Installation).
Security of Payments
An earthmoving contractor retained M+K after the developer of a large subdivision substantially delayed and underpaid the contractor. After 15 years of successful business, the earthmover was virtually ruined. The process was carefully managed through to a Security of Payments adjudication, recovering $650,000 plus interest from the developer.
Seminar series for Civil Contractors Federation and National Association of Women in Construction on the impact of carbon pricing on the construction industry.