WA NicoleFeeney BCE

Building, construction and engineering

Achieving a competitive edge is critical in Australia's tough, creative, world-class construction and engineering industry. That's why we take pride in staying with you, right at the cutting edges of this dynamic industry, where not only the technology, but also the procurement, delivery, financing and legal framework are in a constant stage of evolution.

Our team combines decades of experience on the ground and in the boardroom, to deliver you smart, practical advice - on time and on budget.

We will work with your project team on procurement, negotiation and delivery strategy. We will provide proactive guidance on dispute avoidance and risk minimisation strategies.

We can also provide advice on specialised issues such as EPC and EPCM, alliancing, water rights, transport and logistics.

Our services

Alliancing and relationship contracting

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. We understand how to complement the commercial and relationship-based experience of alliancing practitioners to create collaborative and creative working relationships.

We are familiar with industry drivers and performance-based incentive mechanisms to a degree which allows us to clearly address the common objectives of all participants.

Our team has worked with principals, contractors and consultants on major enterprises in the delivery of a wide range of projects, including rail, road, water and mining. We have also advised on other forms of relationship-based procurement strategies, such as early contractor involvement and managing contractor agreements.

Building contracts

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.

We will ensure that we clearly understand your commercial drivers and risk profile and propose a procurement strategy appropriate to that project. Our comprehensive practical industry experience allows us to quickly and effectively document the agreed strategy.

Our contracts experience encompasses design and construct, relationship contracting and the full spectrum of other procurement strategies, as well as particular tools such as performance-based incentive arrangements.

Construction disputes and security of payment

Our team has many years experience in resolving construction disputes and secuirty of payment claims.

Find out more about the different ways we can assist you with resolving construction disputes and security of payment claims.

Hotels, tourism and leisure

Our team is regularly engaged to provide a wide range of services in this area, including: 

  • asset development and operation
  • employment contracts and arrangements
  • leases
  • licences
  • systems delivery

Our experience encompasses businesses as diverse as Star City Casino, Crown Casino, Sydney Olympic Stadium and Malaysia Airlines.

We have direct experience of working with clients across a range of leisure industries - including casino, hotel and resort owners and operators, international airlines, clubs and sporting associations, and venue owners and operators.

This sector generally involves strict legislative and regulatory regimes with which we are well acquainted. Our clients rely on us to structure transactions that not only comply with applicable legislation but also provide a commercial advantage over their competitors.

Our team acted for the developer of Queenscliff Harbour which involved advising on a wide range of areas including commercial and industrial development, legislative compliance, wet and dry construction and leasing much of which involved both government and private entities. We also acted for Point Nepean Community Trust during the transition from Federal to State ownership including high level advice on operative legislation, environmental remediation, crown leasing and event management and related occupancy rights.

We have advised a number of clients on hotel sales and acquisitions and more recently acted for the developer of a waterfront hotel in Melbourne's Docklands.

Operations and maintenance

The operations and maintenance 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. We have represented principals, contractors and financiers involved in the operation and maintenance of:

  • Economic infrastructure
  • Social infrastructure
  • Industrial estates
  • Commercial towers
  • Mines

Procurement and tendering services

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

Client success story

We acted for two different Contractors on two different ECI procured projects – one a technologically intensive, highly specialised building complex, the other a large civil works project.

In each case, we worked with the Contractor on its tender response and initial contract formation and then on transition to guaranteed maximum price design and construct asset delivery. In each case, we helped to identify risks and found risk management solutions acceptable to both parties, allowing establishment of a strong and mutually respectful relationship–based contract.


All services