Infrastructure and PPPs
Australia is a vast land, with a chronic undersupply of economic and social infrastructure. Although the need is clearly recognised by Government, business and the community, addressing this challenge requires innovation, focus and skill from Government and industry.
Our team knows all the drivers (political, policy, economic, financial and practical), which influence decisions on selection of projects, procurement methods and tender outcomes. We use our knowledge, to provide advice to Governments, financiers, developers, contractors and investors.
We have broad experience, working across the range of infrastructure projects needed for a successful Australia, including:
- Water and ports
- Mining projects
Procurement strategies which align the interests of all participants towards common goals, rather than creating adversarial relationships, optimise prospects of success for the most difficult projects.
Our team works with principals, contractors and consultants on major enterprises in the delivery of a wide range of projects.
Every project is unique and its participants will bring to the transaction their particular commercial skills and objectives. Our role is to provide a contractual framework which accurately reflects the specifics of the parties' expectations and objectives without reinventing the wheel.
Our team has many years experience in resolving construction disputes and security of payment claims.
We use a co-ordinated approach across a number of departments in the firm to provide both broad and tailored advice on the structuring, implementation and documentation of financing transactions both through equity and debt financing. This includes structured property financing, subordinated and mezzanine debt and equity arrangements.
Our services include:
- negotiation with, or for, financiers to settle the terms of debt or equity funding
- due diligence for financiers and investors, and assisting borrowers to prepare for financing due diligence
- preparation or review of financing and security documents
- avoiding or advising on "deal breakers"
- preparation of disclosure documents, advice on compliance with the Corporations Act and agreements for equity funding
- project managing compliance with conditions precedent and reaching financial close
The O&M and asset services industry involves a fundamentally distinct dynamic from that involved in asset delivery. Relationships in this industry will ideally endure for the long-term and will offer opportunities for continuous performance improvement and relationship enhancement. Our team has many years experience supporting stakeholders involved in operations and maintenance of assets.
Our team is experienced in assisting both government and private sector participants to develop procurement and tendering strategies designed to underpin successful outcomes.
Our services in this area include:
- Identification and documentation of a compelling business case
- Procurement strategy and delivery models
- Tendering options
- Tender evaluation
- Post-tender negotiations
- Debt and equity funding models
- Probity and procurement policy
- Fiscal responsibility and gateway processes
- PPP/PFI models
- Alliancing and relationship contracts
- Design and Construct, Early Contractor Involvement, Operations and Maintenance and other delivery models
- Performance based and iIncentive based reward systems
- New domestic building dispute resolution process in Victoria
- NSW Court of Appeal determines that security of payment adjudications can only be set aside for jurisdictional error
- Changes to Victoria's building laws come into effect on 4 July 2016 and further changes are on the way
- Court of Appeal confirms that mediation is not a "method for resolving a dispute" under the Victorian Security of Payment legislation
- Significant changes to the Queensland Security of Payment Regime come into effect in time for Christmas