Construction and Contract Works

Wotton + Kearney has an experienced team of lawyers who advise and act for corporations across the spectrum of the construction industry and their insurers in relation to litigated and non-litigated construction risk claims.  In circumstances where insurance issues are involved it is common for complicated issues regarding policy coverage to sit alongside co-extensive or competing interests.  Wotton + Kearney are recognised specialists in this area.   Wotton + Kearney prides itself in providing comprehensive yet succinct legal advice to its clients in a manner which attempts to cut through these complexities and to deliver clear and reasoned recommendations as to strategy and outcome.

Given that these types of construction disputes are frequently made more complicated by multi-party involvement, Wotton + Kearney has particular expertise in ensuring that appropriate methods of alternative dispute resolution are considered and explored with a view to achieving optimal outcomes for its clients.

Wotton + Kearney is also the preferred legal adviser to a number of leading project management, development and engineering corporations involved in all aspects of commercial/industrial development. 

Some of the more recent construction and contract works projects in which Wotton + Kearney have been involved include:

• acting for a structural engineer in a damages claim arising from the alleged defective design and construction of an industrial warehouse;
• acting for the professional indemnity insurer of an engineering company responsible for the design and construction of calciners at an alumina refinery.  This involved a dispute with the project insurer as to the extent to which various insurance policies responded to third party exposures;
• acting for one of Australia's leading development companies in relation to the design and construction of a waste management facility.  That involved the successful resolution of a $62 million claim and conducting subsequent recovery proceedings against the relevant design consultant engineer;
• advising a professional indemnity insurer in relation to policy coverage available to the design and construct contractor responsible for the $300 million refurbishment of a nuclear power facility;
• acting for a firm of structural engineers in arbitration proceedings in Malaysia arising from the construction of the Kuala Lumpur Convention Centre;
• acting on behalf of hydraulic engineers in relation to the design and construction of an allegedly defective sewerage system at a harbourside development;
• acting on behalf of geotechnical engineers following damage caused to adjoining properties during the construction of a commercial complex;
• acting for an architectural firm in relation to alleged damage caused to a commercial construction project and consequential losses including loss of reputation claims;
• acting for geotechnical engineers in respect of significant property losses arising from the incorrect classification soils and footing specifications;
• acting for an engineering company involved in the design and construction of gas exhaust systems in a number of power stations across Australia;
• acting for the insurers of a development company arising out of defects in the Burnley Tunnel in Melbourne;
• advising insurers in relation to policy cover under a construction risks policy in relation to a series of large claims arising out of deficiencies with the construction of a hydroelectric power plant in Asia; and
• providing a contract review service for architects insured with one of Australia's leading providers of professional indemnity insurance identifying insured and uninsured exposures arising in service contracts.

For information on Wotton + Kearney's Construction and Contract Works experience please contact:

phillip.wotton@wottonkearney.com.au
andrew.moore@wottonkearney.com.au
nick.lux@wottonkearney.com.au