Construction & Infrastructure
LK assists clients to mitigate risk, remove obstacles to project completion and resolve disputes related to major infrastructure and residential projects. We have a deep understanding of industry contracting models and practices and the complexities of major construction projects. Our team is motivated to understand how things are built and operate and to play their part in delivering significant and successful projects.
Our experience
New Royal Adelaide Hospital
Represented the South Australian State Government in multi-party litigation and arbitrations (ACICA) arising out of the $2.5 billion PPP arrangements for the design, construction and operation of the state’s major health facility. See case study below.
Cement Australia
Represented the producer and distributor of cement products in a dispute with an engineering firm and building certifier in Federal Court of Australia proceedings concerning the design and construction of steel silos for cement storage at a terminal facility that collapsed.
State-owned oil refinery
Acted as counsel for a state-owned oil company in an arbitration before the International Chamber of Commerce (ICC) arising from delay in the upgrade of an oil refinery.
Hotel and Apartments Construction
Representing a Korean main contractor of a hotel, office and serviced apartments development in arbitration proceedings against a Hong Kong developer.
South Australian Water 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.
Commercial Property Fraud
Represented a group of investors in a claim to recover over AU$20 million invested in commercial property.
Construction / Engineering Professional Negligence Claim
Represented international wine maker in breach of contract, negligence and misleading and deceptive conduct claims in the Federal Court of Australia relating to the construction of a large winery and grape processing facility, including matters of insurance.
Residential Projects
Advised on a dozen disputes concerning the build of residential properties in South Australia and Victoria in relation to defective works and delays. Also represented a party to a joint venture in a dispute regarding the development and subsequent operation of a residential complex.
Case Study
Cement Australia
Represented Cement Australia Pty Ltd, a producer and distributor of cement products, in a dispute with an engineering services provider and building certifiers concerning the refurbishment of a storage facility and the design and construction of steel silos for cement storage at a terminal facility.
The works were substantially complete, the silos’ support structure had been certified as structurally adequate and compliant with the Building Rules under the Development Act 1993 (SA), and Cement Australia had commenced filling the silos, when one of the silos collapsed.
Our client brought claims in the Federal Court of Australia for breach of contract, negligence and misleading and deceptive conduct in relation to the design, construction and ultimate collapse of the silo, and negligence and misleading and deceptive conduct in relation to the assessment and certification of the structures. Our clients’ claims against both parties were settled confidentially on favourable terms.