Construction Litigation Lawyers
When a construction dispute arises, success hinges on the ability to discern the cause of the issues, where the liability lies, and then craft and implement the best outcome-based strategy for the relevant circumstances. Muscat Tanzer’s Construction Litigation team provides comprehensive legal counsel tailored to the specific needs of each client and project. We leverage our extensive experience and knowledge of construction disputes and our proven track record to deliver the best outcomes for our clients when disputes arise.
Our expertise
- Representing clients in relation to breaches of contract, statutory claims, claims in negligence, claims in relation to defects, delays, variations and other construction related disputes , payment disputes and regulatory compliance.
- Representing clients in all State and Territory Courts and Tribunals and in the Federal Court in an array of construction, engineering and related disputes and litigation, as well as in alternative dispute resolution processes including negotiation, conciliation conferences, adjudication, mediation and arbitration.
- Providing strategic advice and representation in disputes regarding statutory warranties, security of payments legislation, building and construction codes, Australian Standards and other relevant legal and authority and policy frameworks that govern construction and infrastructure.
- Briefing and engaging an array of expert witnesses including engineers, quantity surveyors, town planners, delay analysts, architects, and builders to provide expert evidence.
- Providing end-to-end litigation services, including pre-litigation counsel, strategic advice, continued case evaluation, discovery, hearing representation and appellate advocacy.
- Providing early and continued case assessment and strategic counsel on prospects and outcomes and evolving resolution strategies to proactively address and resolve disputes before a conflict escalates and during litigious proceedings.
- Drafting and negotiating settlement agreements.
- Providing specialised training seminars for our clients in effective conflict resolution strategies and techniques, dispute risk management and strategies and management of disputes.
Project Highlights
$15 million Local Government Road Infrastructure Dispute
We acted for a public sector client in a security of payment dispute regarding a $15 million dollar delay and variation claim on a road rehabilitation project following the discovery of cultural heritage artefacts which resulted in a four-month delay. We utilised alternative dispute resolution methods to positively settle the dispute on terms favourable to our client prior to going to adjudication.
Subcontractor’s Charge Proceedings
Craig Tanzer and team have acted (and still act) for a number of local governments in relation to the liquidation of a head contractor who was undertaking multiple projects for Council at the time of liquidation. In one matter we were engaged on the day that the contractor went into liquidation, and assisted Council to navigate an overwhelming stream of correspondence from unpaid subcontractors, as well as constant interest from the local media. Our involvement in this matter included advising Council in respect of numerous subcontractors’ charges, a multiplicity of Court proceedings and the management of the reputational risks to Council of the fallout from the contractor liquidation and the ongoing media interest. We also assisted Council to procure a replacement contractor for the largest project that the head contractor had part-completed prior to its liquidation. In another matter we were engaged before the contractor went into liquidation and provided strategic advice on the management of the ongoing contracts and urgent protection works to maintain safety for any site workers and the community. This matter also involves a multiplicity of proceedings and a multimillion dollar offsetting claim which we are proactively managing for Council.
Local Government Dispute with Developer
Craig Tanzer acted for a local government in a Supreme Court proceeding commenced by a developer against our client claiming several million dollars in reimbursement for trunk infrastructure work. This case was the first of its kind in Australia, where a developer operating under a development agreement which permitted the reimbursement of expenditure for trunk infrastructure work sought to enforce rights under the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act). On an extremely urgent basis, Craig defended a summary judgment application on the basis that a development agreement for reimbursable works is not a construction contract within the meaning of that term in the BIF Act. The defence Craig formulated caused the developer to seek to negotiate with Council rather than proceed with its summary judgment application. With Craig’s assistance, our client reached a beneficial settlement of the proceeding without the need for a final hearing, saving our client a significant sum compared with the amount claimed by the developer, and saving both parties significant legal costs. Moving forward, Craig worked closely with the relevant Council to provide education and training in relation to the treatment of BIF Act claims under development agreements, and revised Council’s template development agreement to alleviate the risk of such a dispute reoccurring.
Airport Defects Dispute
Craig Tanzer and team advised an airport client in relation to a dispute with a contractor that constructed the airport’s primary asset at the one of Australia’s largest airports. The dispute concerned defects identified at the airport. We advised our client regarding their rights under the contract and at law with respect to the defects issues as well as the negotiations with the contractor, which resulted in the contractor agreeing to rectify the defects under warranty at no cost to our client.
