Reducing risk and resolving disputes optimally
Reflecting the front-end activity in the energy and resources, real estate, construction, and infrastructure sectors, we have observed a steady stream of disputes connected with major projects in Australia and the region.
Leading construction companies, real estate developers, project sponsors and engineering firms rely on King & Wood Mallesons to help manage risk and successfully resolve disputes and disruptive challenges to their business and projects - wherever practicable, without resorting to litigation.
Our team in Australia is known for its ability to identify issues in a potential dispute early and provide robust and innovative solutions. We are also able to grasp highly technical construction and engineering issues that are often intertwined in these disputes. We have a reputation for resolving construction and real estate disputes quickly and cost effectively, avoiding litigation and arbitration where possible and using mediation, conciliation, early neutral evaluation, and direct negotiation.
This approach has seen us successfully resolve construction and real estate disputes involving road, rail, stadium, energy, mining, oil and gas, floating platform, airport, port, pipeline, dredging, power, telecommunications, defence, process plant, tunnelling, ticketing, water, waste, commercial, industrial and residential projects.
We take a commercial approach to dispute resolution, starting with a clear understanding of objectives and ending with a cost-effective solution which optimises your position.
The areas we can advise you on include:
- Disputes that arise under construction and engineering contracts, PPP/PFI agreements, O&M contacts, offtake agreements, financing documents and joint venture agreements
- All types of construction claims, including delay/disruption claims, defects and negligence, extensions of time, valuation and payment claims, liquidated damages and performance related disputes, misrepresentation, negligence and breach of contract.
Market highlights
Recent examples of our expertise include acting for:
- Global construction company: in a successful A$300 million construction dispute involving both litigation and arbitration proceedings, relating to alleged defects at an A$1.8 billion public health facility in Australia.
- Global engineering company: in A$2 billion arbitration proceedings regarding a combined cycle power plant at a large resources project in Australia.
- Transport for New South Wales (TfNSW): on the A$1.1 billion dispute arising from the construction of the Sydney Light Rail Project and, with the Crown Solicitor, advising on the Sydney Light Rail Class Action.
- Infrastructure NSW: in defence of claims brought by Sydney Fish Markets as to the scope and price of the new facility to be constructed in Blackwattle Bay, Sydney.
- Construction joint venture: in relation to disputes arising from the design and construction of the Darlington roads upgrade project which seeks to untangle 3.3km of road in Adelaide.
- Brookfield Multiplex: on head contract, sub-contract and design claims on the Wembley Stadium project in London.
- A major airport: in multiple long-running disputes connected with its expansion projects, including acting in multiple Supreme Court proceedings.
