Geoffrey Watson SC has argued that corruption linked to Victoria’s construction sector may have cost taxpayers up to $15 billion. Much of the debate since has focused on unions, regulators and criminal law.

In this article, I argue the Watson report points to a different, under‑examined cause: how government construction contracts allocate time risk.

When liquidated damages, financing costs and termination exposure mean even short delays can threaten insolvency, industrial disruption becomes a powerful tool of coercion. The solution may lie less in industrial law reform, and more in redesigning extension‑of‑time clauses on public projects.

The article suggests a targeted reform: broader EOT relief for site- and contractor-specific industrial action — not to excuse delay, but to remove the leverage that made corruption pay.

GIICA’s first Delivery Contractor tender does more than launch the National Aquatic Centre — it signals how risk, design control and market capacity are likely to be managed across the entire venues program.

We unpack what the pre-qualification document really tells bidders about GIICA’s preferred delivery model, ECI structure and risk profile.

Limitation and exclusion clauses are meant to allocate risk — not strip a contract of its value.

This article sets out a practical framework for drafting liability caps and exclusions that work commercially and stand up when tested.

Most project owners waste thousands on overpriced and overcomplicated contracts. But there’s a better way. Discover how the Australian Department of Defence’s comprehensive suite of facilities contracts — trusted, tested, and free to use — can transform your capital works and maintenance program. If you're ready to simplify, standardise, and save, this article is your blueprint.

Owen considers various standard consequential loss exclusion clauses and how Australian courts have resolved disputed claims about the losses that the purchaser can and cannot recover if the supplier or service provider fails to fulfil its contractual promises. Drafting and negotiation strategies are also explained.

The downsides of lump sum construction contracts are routinely underestimated. In this article, Owen explains the downsides and how to overcome them.

Owen explains why the NSW Government shouldn’t be asking you to provide an indemnity for breach.

The High Court's Tesseract decision has significant implications for risk/liability allocation and dispute resolution on construction projects. Owen explains why buyers and suppliers of construction and engineering services should revisit their approach to contracting for proportionate liability and resolving disputes by arbitration.

Standards Australia has just released for public consultation its proposed update to AS 4000, but the update is very minimalist – to ensure no change to the contract’s 1997 risk allocation.

A recent Victorian supreme court decision has sent shudders down the spines of lawyers who draft contracts that expressly allow their clients to do things in their “absolute discretion”.

This article explains how long-term, multi-party alliance contracts can be used to improve value to the project owner beyond any single project.

This article provides a suggested framework for structuring and negotiating clauses that avoid or cap your liability. It builds on an earlier article that explains why some businesses need to do so, and the key legal rules around doing so.

This article explains why businesses need to cap and avoid liability for uncommercial risks, and the key legal rules around doing so.

In a landmark decision, two businesses have emerged victorious in their compensation claim against the NSW government’s transport agency for the disruption to their businesses caused by the construction of the Sydney light rail project.

The NSW Supreme Court ruled that the extended period of disruption constituted an unlawful “nuisance”, going beyond what was “reasonable”.

This verdict has far-reaching implications for project owners and contractors involved in construction activities affecting neighbouring businesses.

If Standards Australia wants to arrest its declining share of the construction contracting suite market, it should update AS4000 and the other contracts in its suite to provide equivalent or better functionality than NEC4.

Transport infrastructure costs more to deliver in Sydney than it should. Committee for Sydney has released a report on why this is so, and what can be done to reduce the costs. The report reflects Infralegal’s views on how we should buy infrastructure.

This article is an edited version of the presentation that Owen Hayford delivered at the 11th Annual Major Projects Conference in Darwin on 19 October 2022.

March also saw the John Alexander OAM chaired House of Representatives Standing Committee on Infrastructure, Transport and Cities table in Federal Parliament its report titled Government procurement: a sovereign security imperative.

What’s interesting about this report, and what differentiates it from similar reports, is its focus on the community’s growing concern regarding Australia’s sovereign security.

In this opinion piece, Owen shares his views on what’s really needed to turn Infrastructure Australia’s procurement reform roadmap into improved outcomes

An online panel discussion that lamented the Australian construction industry’s current approach to risk allocation and procurement and asked whether it was time to punt the lawyers.