Building and Construction

KCL Law’s Building and Construction 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 building and construction 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) building and construction 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 building and construction 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 Building and Construction 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.

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;
  • Brisbane International Airport, Queensland;
  • Epworth Hospital, Victoria;
  • Mt Macedon Wind Farm, Victoria;
  • Peninsula Link, Victoria; and
  • Melbourne Airport (MLS Tunnel), Victoria.

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)

Our team

Our Building and Construction practice is led by Principal Lawyer Darren Cain, and complemented by Special Counsel Alan Bidychak, Senior Associate Damien Simonetti and Associate Liam Murray.

In the Doyles Construction Guide 2018, Darren Cain and the Building & Construction practice were recognised as a Leading Construction & Infrastructure Litigation Lawyer — Victoria and a Leading Construction & Infrastructure Litigation Law Firm — Victoria respectively.

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