Planning and Construction

Building and Construction

We can assist with all stages of building and construction contracts, including 'front end' tender and contract negotiation as well as drafting and contract administration. Broadley Rees Hogan is experienced in the 'back end dispute resolution process resulting from disputes regarding building and construction contracts.

Construction Contracts

We have experience and can advise on the following construction contract issues:

  • Draft and negotiate contracts, agreements and deeds (including tripartite deeds). Identify and address legal risks.
  • Project planning advice and due diligence.
  • Contractual obligations and management of those obligations under the construction contract.
  • Certification process.
  • Progress Claim Management.
  • Variation Claims advice.
  • Security of Payments.
  • Dispute resolution strategies (mediation, arbitration and litigation)

Land Use Approvals

We have a commercial and strategic approach in obtaining land use approvals (including material change of use applications and reconfiguration of lot applications) with all State and local planning laws ensuring the best possibility of a successful application.We also have experience in Planning and Environment Appeals and Applications.

Decision Notices, Development Applications, Consents and Licences

We can assist in the lodgement of your Development Application, review and provide advice on the conditions of your Decision Notice and any local authority consent and licence. We have considerable expertise in acting for appellants and respondents in the Planning and Environment Court contesting conditions of Decision Notices and decisions by local authorities to approve or reject Development Applications.

Infrastructure Contributions - Advice and Management

We have experience in advising clients on the imposition and calculation of infrastructure charges, including the legality and quantum of the charges and any negotiating amendments to conditions relating to infrastructure charges. Broadley Rees Hogan Lawyers also act for appellants in appealing infrastructure charge conditions in the Planning and Environment Court.

Compliance and Enforcement Issues

We provide comprehensive advice on any compliance and enforcement issues under the Environmental Protection Act, Sustainable Planning Act, including advice regarding criminal prosecution for a breach of the Environmental Protection Act.

We have experience in appearing in the Planning and Environment Court in these often complex and technical arguments.

Resumption Compensation

We can provide comprehensive advice on the compulsory acquisition process and liaise with relevant third parties to achieve the best compensation payable. We are experienced in:

  • Negotiating with the Constructing Authority under the Acquisition of Land Act during any construction period where issues arise due to construction e.g. noise and dust;
  • If those negotiations fail or the claim for compensation requires appeal to the Land Court;
  • Assisting and advising on dispute resolution/mediation or arbitration, or appeal to the Land Court for an appropriate remedy or direction.

Land Valuation

Given the recent issues with land valuation raised by the Brisbane City Council and State Government, we have provided advice on adjusted land valuations, including acting for clients in the Land Court in arguing against the imposition of increased land valuations.