Construction & Developments
Kells acts for a portfolio of clients in the property development sector on a variety of matters. These clients range from individuals involved in smaller developments to entities pursuing large, multi-million dollar commercial and/or residential developments, including those for the retail, aged care, resort/recreation and education sub-sectors.
From planning to approval, construction to leasing/sales, Kells has the experience to support clients at every critical stage of the property development 'life-cycle'. Commercially savvy, our team is focused on helping clients make deals and maximise their profits.
We have extensive experience in drafting commercial agreements and tenders. We also have widespread skills in alternative dispute resolution and commercial litigation.
Our contracts have sufficient detail, yet inbuilt flexibility ... our option documents enable developers to obtain an option over potential properties while they undertake due diligence. We use put and call options extensively to save stamp duty.
Our team is experienced in preparing, negotiating and advising on numerous forms of construction and development contracts and facilities maintenance contracts. We have a thorough knowledge of standard form construction contracts, including Australian Standards, GC21, HIA, Master Builders and IBIC, so that we can provide the right advice when a dispute arises.
We are retained by our clients early in projects to ensure adequate contract documentation from concept through to post completion, so that risk is managed and understood. We act for both principals (including government and private clients) and contractors to both prepare and advise on contract documentation, including:
- tender documentation
- design and construct and construct only contracts for both greenfield sites and operational sites where redevelopment or refurbishment is being undertaken
- project management, architect, consultant and trades contracts
- facilities maintenance and preventative maintenance contracts
- subcontracts for contractors who have secured a head contract, ensuring that there are adequate flow down provisions
- template works and services contracts, together with contract checklist to ensure probity
- tripartite deeds between principal, contractor and financier
- preparation of easements and restrictions on land for registration as a precondition to final occupation certificate
We are also experienced in advising on claims under the Building and Construction Industry Security of Payment Act, including preparing payment claims, payment schedules and adjudication applications.
Property Development and Transactions
Our property lawyers have acted in thousands of property and leasing transactions and are experienced in acting for developers on all aspects of property law including:
- Easements and covenants
- Access deeds
- Financing and mortgages
- Leasing and licences
- Joint venture developments
- Put and call options
- GST and commercial considerations
- Land development and subdivision
- Townhouse and unit development
- Community title developments
- Council development and zoning advice
- Shopping Centres and commercial space