Construction and infrastructure


Reid PSM, Cathy

Chief Counsel Commercial

Government construction and infrastructure projects are nuanced with unique characteristics including robust procurement, governance and funding requirements, vendor management processes and strict risk management. AGS is uniquely placed to support government clients, regardless of the scale and scope of the project or the role the Commonwealth will play.

Our team provides commercial and operationally-focussed legal support across the full range of construction and building services activities from fit-out and refurbishment through to major developments and building projects. This is complemented by ancillary advice and document services for engagement of design, project management, quantity surveying and other construction consultancies, together with advice on market approaches and procurement options. Our expertise includes contract management, project-completion advice and dispute resolution.

What sets us apart is our deep understanding of the frameworks, obligations and risk tolerances of government agencies and of the private sector. We can advise on project procurement, debt and equity funding, project documentation, the exercise of statutory powers and regulatory issues, as well as the often-complex intersections between Commonwealth and state or territory legislative and regulatory regimes.

We have market-leading knowledge of Commonwealth contracting suites, including:

  • the Australian Standard for Defence Contracting (ASDEFCON) suite
  • the Defence Estate Quality Management System (DEQMS) suite
  • Australian Standard templates
  • Public-Private Partnerships
  • Design, Construct, Operate and Maintain (DCOM)
  • Managing Contractor, Alliance, and other contracting structures.

We have regular provisions that we can use to tailor non-Commonwealth templates to achieve compliance with Commonwealth policy and Commonwealth Procurement Rules.

Many of our senior practitioners have extensive public and private practice experience. We offer strategic insights to achieve optimal commercial outcomes for all stakeholders. And we understand how best to allocate and mitigate risk, because of our 360-degree understanding of both the private and public sectors.

We can support you on innovative and market-leading procurement and funding/financing methods for your construction/infrastructure project, while maintaining the highest standards of probity and accountability. We provide solutions that will withstand robust internal and external scrutiny.

AGS does not act for other parties in construction and infrastructure transactions, such as developers, contractors or financiers, meaning we are not commercially conflicted. Our advice will always be driven by obtaining the best value for government through achieving alignment with the private sector. Where disputes do arise, we have a team of experts with unmatched litigation experience on behalf of government.

We are a truly national practice. We have practitioners who are experts in every Australian jurisdiction to advise you on the application of local practices and regulatory requirements as they relate to your project.