Construction & Infrastructure
LK works with both principal and contractor clients on major infrastructure, commercial and residential projects to manage risk, navigate roadblocks and resolve disputes, where technical complexity, tight timelines and operational risk converge.
We have vast experience with the particular challenges of large-scale infrastructure projects, enabling our team to anticipate issues, protect commercial positions and keep projects moving to completion. Our focus is on helping clients deliver safe, contractually compliant projects commercially.
Our experience
New Royal Adelaide Hospital
Representing the South Australian State Government on various strategic and legal issues concerning defaults, delays and disputes arising out of the AU$2.5 billion public-private partnership arrangements for the design, construction and operation of the State’s major health facility. This involves acting for the State in the associated expert determination proceedings, arbitral proceedings and proceedings in the Federal Court of Australia and the Supreme Court of South Australia.
Kangaroo Island Port Redevelopment
Representing the South Australian State Government in a dispute concerning the upgrade of the ferry terminals at Cape Jervis and Penneshaw, including in Supreme Court proceedings commenced by the contractor.
Contract, Negligence and Consumer Law Claim
Represented the distributor of cement products and services in proceedings in the Federal Court of Australia and in mediation against the builder of collapsed silos for breach of contract, negligence and misleading or deceptive conduct.
Oil Refinery Upgrade
Counsel for a state-owned oil company in an ICC contract arbitration arising from delay in the upgrade of an oil refinery.
Principal Contractor Dispute
Representing ASX-listed mining company to resolve disputes with the principal contractor in respect of the construction of a work camp.
South Australian Desalination Plant
Retained by the South Australian Government to undertake an investigation and report into the delays, defects, claims and exposure of the government arising out of the construction of the State’s AU$2 billion desalination plant, and provided strategic and legal advice to the State with respect to those matters.
Property Investment Fraud
Representing a group of investors in a claim to recover over AU$20 million paid for investment in commercial property. Interlocutory proceedings have involved freezing and restraining orders and successful applications for the appointment of receivers to take possession of and sell commercial property valued at more than AU$10 million.
Construction and Engineering Professional Negligence Claim
Prosecuted breach of contract, negligence and misleading and deceptive conduct claims in the Federal Court of Australia relating to a construction and engineering project for a large winery and grape processing facility, including matters of insurance.
Residential Projects
Advised on numerous disputes involving defective works and delays in residential developments in South Australia and Victoria, and represented a party to a joint venture dispute concerning the development and operation of a residential complex.
Construction of Electrical Substations
Representing an electrical engineering and services company in relation to three D&C contracts for the construction of electrical substations in the Northern Territory in a dispute concerning issues of contractual interpretation, and the merits and quantification of Variation and EOT claims.
Case Study
Contract, Negligence and Consumer Law Claim
LK acted for a distributor of cement products in a dispute with an engineering services provider and building certifiers regarding the refurbishment of a storage facility and the design and construction of steel silos at a terminal site.
The works had reached substantial completion and the silos’ support structure had been certified as structurally adequate and compliant under the Development Act 1993 (SA). Shortly after filling commenced one of the silos collapsed.
LK commenced Federal Court proceedings for breach of contract, negligence and misleading and deceptive conduct in relation to the design, construction and collapse of the silo and further claims relating to the assessment and certification of the structures.
