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Experience

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OUR EXPERIENCE

Harrington’s Lawyers have acted on a number of complex and technical construction and property matters, which include:

Acted for and advised many of the mid to large civil contractors on major infrastructure projects. Advised on contracts and handled some of their claims for variations and delay both in litigation and through the Adjudication process. As a major sponsor of the Civil Contractors Federation (CCF) we are committed to assisting CCF members with all their legal requirements and we regularly work with CCF to lobby government on matters that concern civil contractors.

Acted for a major European contractor that supplied a specific coated and lined submerged submarine pipe for the transfer of water from NSW’s first desalination plant to Sydney Water’s main line, providing Sydney with 15% additional drinking water. Our lawyers represented the client in contract administration, contract negotiations and dispute resolution against the joint venture group made up of Bovis Lend Lease, McConnell Dowell Construction and Sydney Water during the construction of the $2 billion Sydney Desalination plant. Negotiations lasted 12 months and resulted in the delivery of the pipeline on schedule, to be laid on the sea bed of Botany Bay for the future delivery of an additional 15% to Sydney’s water supply.

Defending various NSW construction companies and property developers against a building defect claims (breach of the Home Building Act NSW and statutory warranties), most notably involving a building defects claim on an iconic residential apartment block of units in the Central Coast NSW in excess of $7,000,000.00. Our lawyers instructed Junior and Senior Counsel at a 30 day Reference and liaised and coordinated 12 experts as well as 10 lay witnesses to ensure that the client’s best prospects of success were achieved. The cases that were decided remain legal authority relied on by the Courts. Our lawyers have defended builders in relation to breaches of statutory warranty claims across Australia and in jurisdictions including, Tribunals, District and Supreme Courts as well as in appellate Courts.

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Acting for various government departments, including Catchment Management Authorities (CMA) in NSW. The CMA’s are 13 Catchment Management Authorities established by the NSW government to ensure environment and water conservation in order to secure NSW’s water supply for residential and agricultural purposes. The CMA’s look to ensure that NSW’s agricultural industry is better prepared for drought and able to utilise its natural resources efficiently using innovative agricultural techniques. Our lawyers have acted for the various CMA’s on various matters including:

Drafting and reviewing tender and contract documents for various works including:

  • Project Management
  • Engineering advice
  • Infrastructure projects
  • River and Water Management
  • Erosion Control

General legal and litigation, which include:

  • Assisting with the implementation and administration of various Contracts in place
  • Drafting correspondence during contract implementation
  • Litigation in respect of defective works
  • Engineering design advice and litigation
  • Occupational Health & Safety Advice and Accidents
  • Drafting internal procedures and probity policies

Tender and contract training, which includes:

  • On site training of CMA staff in the following areas:
  • Tender document drafting
  • Contract Document drafting
  • Occupational health & Safety policies
  • Contract implementation and administration
  • Contract dispute resolution.

Acted for a national formwork supplier and contractor in relation to multiple contracts to complete various projects, including the Sydney Kingsford Smith Airport carpark and Sydney CBD electricity substations. Disputes arose as to the fitness for purpose of the form work on particular projects and payment claims resulted, which were taken to adjudication and challenged in the NSW Supreme Court and NSW Supreme Court of Appeal. These cases are often cited as authority for what constitutes a Payment Schedule under the Building and Construction Industry Security of Payment Act, as well as the first case to apply the Dualcorp Pty Ltd v Remo Constructions Pty Ltd [2009] NSWCA 69, which is authority that payment claims claiming the same amount for the same works cannot be adjudicated twice in subsequent adjudications.

Acted for a number specialised Sydney contractor, who specialise in up market luxury homes and major heritage restoration works. The matters involved claims by the Owners for breach of warranties, contract and negligence and counter claims by the client for unpaid claims. Our lawyers instructed junior and senior counsel during hearings including a 12 day hearing. Our lawyers managed various lay and expert witnesses and coordinated various hearing days on site. Our lawyers often appear as counsel in related interlocutory matters, which result in interlocutory decisions without the necessity to utilise counsel, saving the client costs.

Acted for interstate contractors in respect of development projects for property developers, hoteliers, civil and infrastructure companies and mining companies. Matters involved various litigation defending claims for breaches of contract and breaches of the Consumer Law. The matters involved appearances by our lawyers in the District and Supreme Courts of various states in Australia;

Acted for property investors and consortiums of investors in respect of various developments in Victoria and Queensland, one particular project involved the Hamilton Island and Mariner Resort. Acted for NSW construction companies from project inception to handover on construct only as well as design and construct contracts ranging from $1,000,000.00 to $80,000,000.00. Our lawyers often advise client’s and negotiate on their behalf amendments to tenders and contracts, which has successfully resulted in the implementation of projects on time and budget.

Acted for house and land developers on major land subdivisions in relation to contracts of sale, contracts for civil works, contracts with builders and handled disputes that arose. Also, appeared on applications before the Land and Environment Court seeking development approval of developments.

Acted for client’s on special projects such as childcare centres, medical facilities, schools and hospital developments. Appeared for clients in the Land and Environment Court and advised on administering contracts and any disputes that arose.

Advising and assisting clients with various claims and contract variation and claims in the mining and infrastructure industry. Most notable was our lawyers work with a specialised winch and haulage subcontractor against Xstrata (Coal mining company) on recovering various claims and delay costs in relation to mining projects in New South Wales and Queensland.

Advised various property development clients on their purchase contracts, option agreements and joint venture agreements. Our lawyers have advised client’s during the planning process and assisted with representation at local council and state planning meetings on various projects. We have also advised and appeared for clients in the Land and Environment Court of NSW on various projects raising issues in relation to planning permissibility, development control and over development, heritage, state environmental planning policies and public interest. Projects have included residential and commercial projects as well as community sensitive projects such as heritage, childcare and medical facilities.

Harrington’s lawyers have acted for various other clients and provided the following services:

  • Representation at Mediations, Arbitrations and Tribunals, District Court and Supreme Courts in relation to construction and home building matters;
  • Defend client’s in relation to Work Heath and Safety matters before the Industrial Relations Commission;
  • Advise and assist project managers, administer contracts as well as certify progress claims;
  • Advise and draft claims during the Adjudication process, arising under the Building and Construction Industry Security of Payment legislation and its equivalent across Australia and New Zealand;
  • Acted for client’s and negotiated with engineers/designers during contract formation and administration;
  • Assist clients with the tender and procurement processes for various client’s including government bodies in relation to construction related contracts;
  • Advising specialist subcontractors in on complex and unique projects such as desalination plants, mining infrastructure works, environmental controls and other unique designs;
  • Conducting intensive training courses on contract procurement procedures and assessment, drafting contracts, contract implementation and administration and Work Health and Safety for client staff.