Construction & Engineering

The construction industry operates in a tough legal environment. Not only do we understand this environment, and the risks and opportunities it poses, we thrive in it. Our people are experienced at bringing large, complex construction and engineering projects to fruition, safeguarding our clients' interests and helping to ensure they emerge with the commercial result they need.

Nationally we have a team of over 30 lawyers - including ten partners - out and out experts who practice exclusively in construction and engineering law. This enormous depth of skill and experience assures your access to the very best legal advice in the industry. A number of our lawyers are regarded as leading individuals in this area of law. Our lawyers have written texts that have become the industry bibles on building and construction law, commercial arbitration and building and engineering contracts.

Our firm has exceptionally strong ties to industry, working closely with many of the major players. We have come face to face with most of the legal issues that confront contractors, developers, consultants and government, and know how to resolve them.

Our expertise and single industry focus ensure our people are always on top of the legal and commercial issues in the industry. No time or cost is wasted getting up to speed. When changes occur, we are able to provide you with speedy advice on the legal implications to your business, the risks or compliance issues they pose, how to best manage them and protect your position, how to turn them to your commercial advantage and ensure you are in the strongest position should a dispute arise.

Our experience is in all types of construction and engineering projects including:

• commercial building
• civil engineering
• transport (road, rail and light rail)
• electricity and gas
• petrochemical
• hotel, tourism and sporting facilities
• residential property
• resources
• telecommunications
• water

We put in place the right team with the skills and leverage to get you through the legal processes quickly so you can focus on results. The people you deal with at the outset of the project are with you at every stage. There are no delays while new people are briefed, no communication breakdowns and no knowledge gaps to overcome.

Because our people are there right from the start, they are clear on the structure, your expectations and required commercial outcome.

Our services

• Project documentation
• Project delivery
• Claims and disputes

• Civil Construction & Infrastructure Update

  Deacons have pooled our experience and knowledge of the unique aspects of the civil construction industry sector to bring you this informative update covering a wide range of topics relating to construction contracts, workplace relations, safety and more.

  18 Nov 08 Michael Hammond, Stuart Kollmorgen, Jeffrey Wilson

• Newsletter: Critical Path - November 2008

  Welcome to the first electronic edition of Critical Path. In line with Deacons' commitment to environmental sustainability, we've converted to a paperless newsletter to reduce our ecological footprint. At Deacons, we are committed to continually striving to reduce pollution and our environmental impact by implementing, maintaining and improving environmentally sustainable practices. We will continue to bring you updates detailing industry trends and legal developments which are critical to professionals in the building, construction and engineering industry, just with a different look.

  13 Nov 08 Rechelle Brost, Rob Buchanan, Megan Calder , Louise Bell and Daniel Vicano

• Deacons in the press: ALB Guide: Building and Construction Law 2008

  The latest edition of ALB Guide identifies Deacons partners Grant Ahearn and John Sharkey as leading lawyers in Building and Construction Law, 14 October 2008. The findings are based on a series of client surveys undertaken by ALB.

  15 Oct 08 Grant Ahearn, Kate Alexander, John Sharkey AM

• Legal update: Domestic Building Contracts Act found not to apply to building contracts between builders and “developer” owners

  In a County Court decision handed down on 10 September 2008, the judge determined that the Domestic Building Contracts Act 1995 (Vic) (Act) and the protections it affords will not apply to building contracts between builders and owners who are “developers”.

  8 Oct 08 Grant Ahearn, Sam Waters , David Morris

• Newsletter: Critical Path - July 2008

  In this edition we examine the importance of meeting obligations in construction contracts and we discuss the additional responsibilities for those in the construction industry set out in the Occupational Health and Safety Regulations 2007. The extent of duty of care is discussed in Gunston v Lawley and we feature two Security of Payment articles.

  24 Jul 08 Glen Warwick, Jeffrey Wilson , Catherine Bendeich, Liam Connolly, Julie Marotta and Kate Roberts

• Legal update: Going Alfresco? Judge says only in Seattle

  Project home companies will now find it increasingly difficult to incorporate certain design features of other project home companies following the Full Federal Court decision in Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd

  23 Jul 08 Susan Spicer

• Media release: Deacons welcomes top construction lawyer

  Top construction and major projects lawyer, Keith Redenbach, has joined Deacons as a partner in the Construction and Engineering practice based in Sydney.

  9 Jul 08 Keith Redenbach , Kate Alexander

• Legal update: Contract prevails - says High Court

  In an important decision for the construction and property industries the High Court last week dismissed a claim of unjust enrichment by an Adelaide builder against the owner of a home the builder alleged it had constructed.

  24 Jun 08 John Sharkey AM

• Newsletter: Critical Path - March 2008

  Welcome to Critical Path for 2008. We reflect on a recent Full Court decision of the Supreme Court of South Australia to remind readers of that State’s particular legislation that allows contractors and subcontractors to register liens over the land of the building owner in certain circumstances.

  17 Mar 08 Fleur Hudson , Fiona Turner and Simone Alphonse

• Legal update: Margin Scheme Mayhem

  The Federal Court has recently handed down a decision on the application of the margin scheme that could create a major GST headache for developers of strata title units.

  26 Feb 08 David Stavropoulos