Major Projects

Major projects are typically high value, high profile projects. They consist of several key elements and require the participation of different stakeholders. These projects demand legal advisers who can deal with multi-faceted projects; who are familiar with the commercial, technical and practical issues as well as the legal and contractual ones, while keeping the interests of the various stakeholders in mind.

Maddocks' Major Projects group represent government, statutory authorities, local government, contractors, project sponsors, construction and facilities management contractors, consultants and project funders.

Our team comprises of lawyers who are skilled and experienced in:

– advising on project procurement strategies including determining how project outcomes are best achieved and preparing the documentation necessary to achieve such outcomes;
– assessing risk allocation and advising on risk management and minimisation;
– providing advice regarding tendering procedures;
– dealing with issues associated with project documentation;
– being aware of and accommodating requirements for project management and administration.

When formulating systems, procedures and management arrangements for a project, we:

– use client requirements, including the need to minimise bid costs, as the base for our project planning;
– in consultation with our client, develop a schedule for our deliverables to ensure that project timelines are met;
– regard the management of the legal team and the manner in which the team interfaces with our clients as equally important;
– encourage innovation that is carefully assessed to determine its cost effectiveness and efficiency;
– assemble a team of specialists whose skills and expertise will bring optimum value to that project.

We determine your requirements for each project and your expectation of us. We believe it is important that we both have a clear vision and a shared understanding of desired outcomes and how they will be achieved.

Every major project is complex. We want to create clarity.

Our team's knowledge and experience enables Maddocks Major Projects group to manage the myriad of issues that are likely to arise in connection with a major project. We can bring together a group of professionals with the right experience and relevant legal disciplines to deliver to you a successful project outcome.

We provide advice on privately financed infrastructure projects and the application of state government policies and procedures. We are also familiar with all government policies and guidelines on public private partnerships (PPPs).

Our experience and participation in private sector consortia has provided our team with a strong understanding of typical objectives in major projects, including minimisation of bid costs, achieving optimal risk allocation and management, effective management of the many parties involved and, ultimately, the delivery of a return on investment.

Our services include:

Establishing and advising on Project Structures

– incorporated companies;
– unincorporated joint ventures;
– partnerships;
– property unit trusts;
– pooled investment vehicles;
– tax effective structures;
– subcontract arrangements.

Preparation of relevant documentation

– expression of interest documentation;
– tender documentation;
– advising on preparation of the output specifications;
– concession deeds and project agreements;
– property documents;
– debt funders direct agreements;
– collateral agreements and warranties;
– construction contracts and subcontracts;
– leases and sub-leases;
– documents relevant to planning issues;
– facilities management / operating agreements;
– performance bonds;
– consultancy and supply contracts;
– joint venture agreements;
– shareholders' agreements;
– public procurement guidelines.

Providing Risk Allocation Advice relevant to:

– site risk;
– design risk;
– construction and commissioning risk;
– sponsor and finance risk;
– market risk;
– network and interface risk;
– industrial relations;
– operational issues;
– change of law;
– land-related issues;
– force majeure.

Advising on Contract Administration issues

– contract interpretation;
– variations;
– delays and extensions of time;
– liquidated damages;
– contract performance deductions;
– performance measurement;
– contract defaults;
– dispute resolution;
– refinancing ;
– facilities management;
– exercising 'step in' rights.

We have experience in the following industry sectors:

– airports;
– construction and engineering;
– corrections / prisons;
– education;
– energy;
– forestry;
– government accommodation;
– health;
– justice;
– rail;
– road;
– social infrastructure;
– sport and entertainment;
– telecommunications;
– water and waste management.

Our expertise in the government sector provides our team with a unique insight into the commercial issues and sensitivities relevant when a government agency is involved in a large scale, high profile infrastructure project.

Our understanding of government issues and the public sector environment has often resulted in us making contributions and recommendations as part of the formulation of government policy, including Partnerships Victoria guidelines.

Project experience includes:

– major airport terminal redevelopment projects in Sydney, Melbourne and Adelaide;
– redevelopment of major retail shopping centres;
– advising bidders on a privately financed government correctional facility;
– advising consultants on a privately financed major hospital project;
– advising government in relation to privately operated prisons;
– advising project sponsor on a forestry industry project;
– advising local government authorities on privately financed road construction and maintenance schemes;
– advising a rail infrastructure lessee on a major rail upgrade project;
– construction agreements for numerous sporting / entertainment facilities;
– advising a joint venture partner in relation to the joint venture's successful bid for franchises of the Victorian rail and tram networks.

Contact Partners

Greg Campbell
Andrew Chapman
Geoff Charnock
Mal Fielding
Josh Marchant
Michael McDonald
Peter Meades
Kevin Phelan
Sean Rush