Construction & Projects
Our Construction and Project lawyers work closely with you to identify the project specific risks and understand your overall risk appetite. We translate these into a pragmatic commercial strategy that reflects your desired project outcome.
We can help with:
Construction and engineering projects can be highly complex with the potential for uncertainty in outcomes.
We guide you through the complete project lifecycle; from procurement strategy, engagement of consultants, project delivery, and (if things veer off-course) the dispute process.
We assist through the contractual dispute process, including strategic contract administration, security of payment remedies, and dispute resolution in all jurisdictions.
We specialise in multi-residential development, hotels, commercial, engineering projects, infrastructure and domestic construction.
We can help you with:
- developing project procurement and delivery strategies
- negotiating and drafting contracts, including tripartite/multi-party deeds where the project is financed
- strategically administering and managing contracts to optimise outcomes and avoid disputes
- security of payment remedies, including preparing payment claims and payment schedules
- alternative dispute resolution, arbitration, litigation and pre-litigation negotiations
We work closely with you to thoroughly understand your project vision and your delivery requirements including time, cost and quality. We then formulate the project procurement and delivery strategy to suit your risk appetite. We also assist with the strategic administration of your contracts.
The diligence and care we take to ensure that your procurement strategy matches your project vision reduces the likelihood of expensive disputes down the line.
Our experience with some of Australia’s largest infrastructure, engineering and building projects can give you confidence that you are receiving the most up-to-date commercial and strategic insights when partnering with us.
Contract drafting, negotiation and advice
A well drafted construction contract ensures that the obligations, rights and risks are clearly and appropriately allocated between the parties, which requires a detailed understanding of how projects evolve from concept to delivered outcome.
Rigby Cooke Lawyers have the people to guide you through the complexities of drafting a construction contract and managing the negotiations with all parties.
If things do not go as planned, we can assist with contractual disputes.
Management of disputes
We understand the issues that can generate disputes. We work with our clients to identify project specific risks and ensure that they are properly addressed to minimise the chance of disputes arising.
However, if a dispute does arise, then we can guide you through the process, including strategic contract administration, security of payment remedies and dispute resolution in all jurisdictions.
We understand the dispute process is a means to an end, not an end in itself. The process must be focused on an outcome and we will work with you to develop a strategy to deliver that outcome, and then work hard to achieve it.
Security of Payment
The Security of Payment regime (SOPA) has radically changed the way in which parties recover monies in the building and construction industry.
Rigby Cooke Lawyers can help you manage and resolve SOPA issues that arise during your construction project, by:
- advising on and assisting with complying with the SOPA regime, including the preparation of payment claims and payment schedules
- preparing adjudication applications and responses
- advising on the validity of adjudication determinations, including basis for setting aside
- assisting with enforcement of adjudication determinations
Contractual claims, arbitration and litigation
Our areas of expertise include:
- preparing claims and contractual notices
- assisting with contractual dispute resolution processes
- pre-litigation negotiations
- preparing formal court process
- preparing arbitration processes
- briefing expert witnesses and preparation of expert reports
We have extensive experience in all jurisdictions – Victorian Civil and Administrative Tribunal, Magistrates, County and Supreme Courts.
We can’t thank the team at Rigby Cooke enough for affording us the opportunity and position to deal with intricate commercial matters and providing the clarity to make informed and strategic decisions. Introduced initially through unfortunate events of commercial loss the holistic approach by all staff has been one of the most comforting experiences in an unfortunate time for our company.
We now look forward to a valued relationship in the years to come on more positive matters of commercial sustainability and structure.
Peter Stacey, director of CIDEC Pty Ltd
Working with Rigby Cooke has been fantastic. Some lawyers just listen to the facts and then tell us what to do, but Rigby Cooke looks at what we are trying to achieve and then works through a number of scenarios so we can decide. It is very practical and keeps us involved.
Darren Sandford, state manager of a national construction company
Rigby Cooke was professional, courteous and friendly. From the first meeting we felt confident in Rigby Cooke’s ability and were consistently impressed by their knowledge, advice and understanding.
They went above and beyond to help us, and because of the wonderful service we received, we have since called upon them again when needed.
Rehgan, private client