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Industries Construction Infrastructure Projects@2x

Sustainability in Procurement Article Series – Contract Management – monitoring compliance and identifying opportunities for improvement and optimisation through contract management.

Sustainability in Procurement Article Series – Contract Management – monitoring compliance and identifying opportunities for improvement and optimisation through contract management. Welcome to the sixth instalment of our Sustainability in Procurement Article Series, a seven-week exploration of how sustainability principles can be embedded throughout every stage of the procurement process. In last week’s article, we...
Publications
Administrative Law B2@2x

Understanding Director Duties & Managing Conflicts of Interest in Council-Owned Corporations

Understanding Director Duties & Managing Conflicts of Interest in Council-Owned Corporations. Today’s article is the second article of our Council-Owned Corporations series that explores the roles, powers and obligations of Directors and shareholders involved in council-owned corporations. Council-owned corporations offer councils a powerful way to deliver services and pursue commercial opportunities, but they also bring...
Publications
General Commercial Contracting@2x

The Use, Benefits and Risks of Relationship Contracting

The Use, Benefits and Risks of Relationship Contracting Many local governments have adopted relationship contracting (also called relational contracting, partnering, alliancing or collaborative contracting) for the delivery of complex public services and infrastructure to ensure alignment of incentives and outcomes and collaborative procurement objectives. This article demonstrates how relationship contracting prioritises ongoing cooperation, joint problem-solving...
Publications
Adjudication Security Payment@2x

The Use and Benefits of Creating a Council-Owned Corporation in Queensland

The Use and Benefits of Creating a Council-Owned Corporation in Queensland Queensland local governments are under increasing pressure to deliver services efficiently, manage growth, and respond to community expectations while maintaining financial sustainability. One structural option available is the creation of a council-owned corporation. This model allows councils to separate commercial functions from core regulatory...
Publications
Procurement@2x

Sustainability in Procurement Article Series – Evaluating sustainability criteria, requirements and outcomes

Sustainability in Procurement Article Series – Evaluating sustainability criteria, requirements and outcomes Our Sustainability in Procurement Series has examined how sustainability can be embedded across every stage of the procurement process, from integrating sustainability into the procurement process, using market research to identify opportunities, to incorporating sustainability into procurement plans, and approaching the market in...
Publications
Esg@2x

Sustainability in Procurement Article Series – Approach to Market

Sustainability in Procurement Article Series – Approach to Market This is the fourth article in our Sustainable in Procurement Article Series, focusing on the critical step of approaching the market. In this article we provide guidance on the preparation of tender documents, including evaluation criteria, conditions of tender and contract clauses that require tenderers to...
Publications
Water@2x

Sustainability in Procurement Article Series – Sustainability in the Procurement Plan

Sustainability in Procurement Article Series – Sustainability in the Procurement Plan Sustainability in the Procurement Plan This article forms part of our Sustainability in Procurement Article Series, which to date has explored integrating sustainability into the procurement process and how to conduct market research for sustainable procurement. This week we explore how local governments can...
Publications
Regulatory Compliance@2x

Sustainability in Procurement Article Series – Market Research for Sustainable Procurement

Sustainability in Procurement Article Series – Market Research for Sustainable Procurement Introduction This article is the second article in our series of sustainable procurement articles. In our previous article, we discussed how sustainability can be integrated into the procurement process. Today’s article will provide an overview of how market research can be used as a...
Publications
Probity@2x

Sustainability in Procurement Article Series – Integrating sustainability into the procurement process

Sustainability in Procurement Article Series – Integrating sustainability into the procurement process Overview Over the next 6 weeks we will publish a series of articles about sustainable procurement, starting with today’s overview about how sustainability can be integrated into the procurement process. The following articles will cover Market research; Sustainability in a procurement plan; Market...
Publications
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Construction Claims Article Series – Damages claims

Construction Claims Article Series – Damages claims Introduction This is our 6th and final article in our construction claims series, which aims to provide practical legal insights for both contractors and principals. Topics covered over the last 5 weeks in the series, including variation claims, delay claims, price acceleration claims, site condition claims, and progress...
Publications
Energy Resources@2x

Construction Claims Article Series – Progress claims: the backbone of the project lifecycle

Construction Claims Article Series – Progress claims: the backbone of the project lifecycle Construction Claims Article Series This series has covered a variety of construction claim topics, including change and variation claims, delay, disruption and prolongation claims, price acceleration claims and different site condition claims. This article on progress claims explores the nature of progress...
Publications
Expertise Internal Sample

Construction Claims Article Series – Different Site Conditions Claims

Digging Deeper: Managing the Risk of Different Site Conditions Claims This article forms part of our Construction Claims Article Series, which to date has explored change and variation claims, price acceleration claims, and delay, disruption and prolongation claims. This week, in collaboration with Anvelo, we examine different site conditions claims, with a focus on latent...
Publications
Administrative Law B2@2x

Construction Claims Article Series – Delay, Disruption and Prolongation Claims

Construction Claims Article Series – Delay, Disruption and Prolongation Claims Our construction claims article series commenced with an article on change and variation claims which was followed by price acceleration claims. This article on delay, disruption and prolongation claims is delivered in collaboration with Anvelo, and is the third article in our series of construction contract...
Publications
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Bundaberg Regional Council – Landfill Gas Management Project

Bundaberg Regional Council – Landfill Gas Management Project With Queensland’s commitment to reaching net-zero by 2050, one local government has been implementing innovative carbon reduction projects through landfill gas management. For the last decade, Bundaberg Regional Council (Council) has contracted with LGI to implement innovative gas management systems within their Cedars Road and University Drive...
Publications
Administrative Law B2@2x

Construction Claims Article Series – Acceleration Costs Claims: Claiming and Managing

Change and Variation Claims We are pleased to present this article on acceleration costs claims in collaboration with Anvelo. This article is the second article in our series of construction claims articles. In our previous article, we discussed change and variation claims. In construction, time is money. Delays can mean significant financial repercussions for both...
Publications
Career Img2@2x

Construction Claims Article Series – Change and Variation Claims

Change and Variation Claims Variations are an inevitable part of construction projects and a clear understanding of how to properly manage variation claims is critical to maintaining project delivery, protecting contractual entitlements, and minimising the risk of disputes. This article focuses on common types of variation claims. For more detail on administering variations, including the...
Publications
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Negotiating with Confidence: Partnering with Preferred Tenderers

Negotiating with Confidence: Partnering with Preferred Tenderers Navigating contract negotiations is a critical phase in the tendering process, particularly for local governments seeking to finalise agreements with their preferred tenderer. In the fifth and final instalment of our Probity, Procurement and Tendering Series, this article explores the key elements of effective negotiations and provides practical...
Publications
Esg@2x

Probity in Procurement

Probity in Procurement The objectives of a local government procurement policy are generally to advance the local government’s priorities, achieve value for money, and ensure probity and accountability for outcomes. Probity requires the purchase to be conducted ethically, honestly, and with fairness to all participants. Accountability for outcomes is about being able to explain or...
Publications
Expertise Internal Sample

Tender Process Risks and Strategies to Mitigate

Tender Process Risks and Strategies to Mitigate The below article on Tender Process Risks and Strategies to Mitigate is the third article in our five-part Probity, Procurement and Tendering Article Series. This article will be followed by articles on Probity Plans, and lastly Contract Negotiations. This article explores strategies for minimising risks in the tender...
Publications
Energy Resources@2x

Tendering and Process Contracts

Tendering and Process Contracts This article on tendering and process contracts is the second article in our five-part Probity, Procurement and Tendering Article Series. Requests for Tender (RTFs) have traditionally been viewed as invitations to treat, that do not create a legal or contractual obligation until a tender is accepted by the party inviting the...
Publications
Career Img2@2x

Payment Claims – a QLD Case Study

Payment Claims – a QLD Case Study – MWB Everton Park Pty Ltd v Devcon Building Co Pty Ltd [2024] QCA 94 In Queensland a Payment Claim must: identify the construction work or related goods and services to which they relate; state the amount of the progress payment that the claimant claims is payable by...
Dispute Resolution@2x

Tendering and Effective Contract Management

Tendering and Effective Contract Management The below article on tendering and effective contract management is the first article of our five-part probity, procurement and tendering article series. This article will be followed by tender and process contracts, tender process risks and strategies to mitigate, probity plans and contract negotiations. When undertaking a procurement process, careful...
Adjudication Security Payment@2x

Post-Contract Award Contract Management

The Dos and Don’ts for reducing risk Effective contract management post-award is essential for minimising risk and ensuring that both parties to a contract fulfil their obligations. Whether you are the principal or contractor, clear communication, thorough documentation and timely responses are key to smooth project execution. Below, we explore the dos and don’ts of...
Publications
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The Legal Implications of Contract Breaches

The Legal Implications of Contract Breaches IOdeally, parties to a contract would always fulfil all their obligations. Unfortunately, for often entirelyinnocent reasons, that is not always the case. Contract breaches remain a common challenge, with potential legal, financial and reputational consequences depending on their severity. This article explores the implications of contract breaches and strategies...
Publications
Banner Careers@2x

Variations

Contract Administration Article Series This is article two in our 6-part series on contract law and administration. We started the series with a contract law refresher, with articles on time, payment and security of payment, legal implications of contract breaches and post contract award contract management to follow over the course of the next four...
Publications
Development@2x

Time and Again – the Importance of Time in Construction Contracts

Contract Administration Article Series This is article three in our 6-part series on contract law and administration. We commenced our series with a contract law refresher followed by a high- level summary of contractual variations, with articles on payment and security of payment, legal implications of contract breaches and post contract award contract management still...
Publications
Probity@2x

The Procurement Process – Part 2

The Procurement Process – Planning, Strategy and Legal Implications – Part 2 In Part 1 of this article series, we looked at strategies for adequately planning a procurement process, process contracts and managing risk in the planning stage. In part 2 of this article series, we consider the legal and probity implications for procurers and...
Publications
Procurement@2x

The Procurement Process – Part 1

The Procurement Process – Planning, Strategy and Legal Implications – Part 1 Tendering for contracts, whether as procurer or supplier, is difficult and requires each party to consider a number of different factors. In this article, we discuss the key considerations that procurers and suppliers must have prior to the release of a tender. Procurement...
Publications
Water@2x

Risk to Reward – Navigating risk management in projects and procurement

Risk to Reward – Navigating risk managmeent in projects and procurement Effective project management hinges on a comprehensive understanding of risk – its identification, management, and potential to create opportunities. Whilst it is tempting to view risk purely as a threat to project objectives, risk can present valuable opportunities and drive innovation. In this article,...
Publications
Blog Project Delivery

Project Delivery – Which method is right for your project

Project Delivery – Which method is right for your project Delivering a successful project requires more than just a concept, it demands meticulous planning, strategic execution and the selection of the right delivery method. In the Construction Industry, choosing the right project delivery model can mean the difference between success and costly delays or worse....
Publications
Industries Banner

Insuring Success

Insuring Success – The fundamental role of project insurance in risk mitigation The complexity and scale of construction and infrastructure projects give rise to a variety of risks that can jeopardise the viability of a project, making insurance a crucial component of project management. From time and cost blowouts to liquidation and litigation, project insurance...
Publications
Career Img3

Contract Law Refresher

Contract Law Refresher Over the course of the next six weeks, we will be covering a series of contract law and administration topics, starting with this contract law refresher, followed by variations, time, payment and security of payment, legal implications of contract breaches and post contract award contract management. Contract Law – A Refresher Contract...
Publications
Agile Procurement@2x

Agile Procurement

Agile Procurement – Exceptions to tendering and the benefits of strategic contracting In the dynamic landscape of procurement, understanding the nuances of tendering exceptions and strategic contracting approaches allows local governments to be agile to opportunities and transform challenges into excellent outcomes. From relationship contracting through streamlined panel arrangements to agile procurement strategies, local governments...
Publications
Contractor Liquidations@2x

Contractor Liquidations

Contractor Liquidations – Best practice management of contractor liquidations When a head contractor is unable to complete a project due to liquidation, the consequences can be severe and widespread. Principals (including councils) may face unfinished projects, additional costs in hiring a new contractor, angry subcontractors, media scrutiny and other challenges. Unfortunately contractor liquidation is always...
Publications
Ph1o4xwo

Market-led Proposals

Market-led Proposals – Market-led proposals and the use of beneficial enterprises for the disposal of land When a member of the public puts forward a unique proposal to a local government which would involve the disposal of land (by lease or sale) owned by that local government, the process in which that local government must...
Publications
Fair Play@2x

The New Rules of Fair Play

The New Rules of Fair Play – Navigating the Reformed Unfair Contract Terms Regime On 9 November 2023, a series of amendments to the Unfair Contract Terms regime (UCT regime) made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) came into effect. In sharp contrast to the previous position under the...
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