Property law is an integral component of Borrello Graham Lawyers’ core service offering, ably supported by our Planning & Environment and Construction practices.

We have a strong, independently recognised and highly regarded team of senior lawyers who work closely and intensively with our property, development and construction clients.

Our team’s industry knowledge and experience is second to none, providing advice on a diverse range of legal issues on a daily basis to a client base primarily consisting of medium to large corporates (including ASX-listed clients) involved in property investment, development and construction.

Property & Projects

Borrello Graham Lawyers have a strong and highly regarded property and projects team dedicated to producing exceptional results for our clients.

We have a large senior team who work with our property clients whether it be in connection with advice on an acquisition or disposal, due diligence enquiries, property development of any description, land tenure advice or contract negotiation. We routinely prepare contacts of sale, development management agreements, funding agreements, joint venture agreements and co-ownership agreements for all different types of properties.

Our Property & Projects services include:

  • Due diligence enquiries and reports
  • Sale and purchase contract preparation and review, including for:
    • off-the-plan strata and survey-strata developments
    • green-field developments
    • general property sales and acquisitions
  • Strata titling and broad acre subdivisions
  • Land access issues and land tenure issues
  • Land compensation claims and advice
  • Preparation and review of development management agreements, project management agreements and funding agreements
  • Detailed document registration and advice
  • Preparation and review of easements, rights of way, restrictive covenants, notifications and memorials
  • Negotiation, dispute resolution and litigation support
  • Review of development and construction contracts
  • Conveyancing and settlements

Construction & Infrastructure

Borrello Graham Lawyers advises participants and stakeholders in the construction & infrastructure industries on all phases of projects, from design and planning, to contract negotiation, preparation, tendering and review, construction, contract close out, defects liability and maintenance periods and dispute resolution.

Some of the services that Borrello Graham Lawyers regularly provide clients in the pre-construction phase of projects include:

  • Preparing and reviewing tenders
  • Drafting, reviewing and negotiating contracts for consulting, construction, supply and design, whether bespoke or standard form
  • Counselling clients on claims avoidance, risk allocation and management

During the construction, contract close out and defects liability and maintenance period phases of projects, contract administration and management issues may result in significant legal and financial consequences. Our experience is that avoiding these issues where possible and, where not, handling these issues proactively as and when they arise will result in a more cost effective and amicable resolution for all participants and stakeholders in the project. Our construction & infrastructure team’s extensive experience and hands-on approach enables us to react quickly and confidently to address and resolve such issues before or as they arise.

Some of the services that Borrello Graham Lawyers regularly provides clients to accomplish this result include:

  • Assisting clients and clients’ agents in assessing and documenting problems and positions
  • Claims preparation and analysis
  • Providing advice on likely judicial interpretation of contract provisions and potential common law entitlements and obligations
  • Negotiating progress and final claims, variations, extensions of time and other forms of contract adjustments
  • Providing in-house and on-site training for personnel on the administration and management of contracts, the adjudication process and dispute resolution

When issues and disputes cannot be prevented or resolved through commercial negotiation, Borrello Graham Lawyers also provides pragmatic and cost effective representation and advice in all forms of construction & infrastructure disputes, including:

  • Contractual dispute resolution conferences
  • Mediations
  • Expert Determinations
  • Preparation and response to adjudication applications under Security of Payment Legislation
  • Arbitration
  • Litigation

Leasing

A core part of Borrello Graham’s Lawyers’ practice involves the preparation, review and negotiation of commercial and retail leases.

Borrello Graham Lawyers works closely with Australia’s largest and most recognised real estate agencies (together with locally-based agencies), and private landlord clients, assisting with the preparation and review of commercial and retail leases.

Our lease documents are routinely updated to ensure that they are consistent with industry best practice.

Our involvement in preparing leases and our industry knowledge also puts us in a far stronger position to advise our clients throughout the lifecycle of a lease and assisting in negotiating leases on their behalf.

Our Leasing services include:

  • • Preparation of leases for:
    • commercial and industrial properties
    • retail centres and suburban centres
    • pre-construction development properties including agreements for lease
    • office buildings and properties
    • agricultural properties and vacant land
  • Reviewing, advising and negotiating offers to lease and leases
  • Advising on potential defaults and preparing notices of default and termination
  • Preparing and reviewing extensions, assignments, variations and surrenders of lease
  • Litigation and dispute resolution including in respect of all disputes and contractual make good matters
  • Appearing in the State Administrative Tribunal and Court regarding disputes
  • Assisting with registration and protection of leasehold interests and mortgagee consent issues including reviewing bank right of entry documents

Rural & Agricultural

Borrello Graham Lawyers has a strong and long-standing connection with the rural and agricultural community.

We act for some of Western Australia’s largest independent cropping, grazing and vegetable production farmers across all matters related to their businesses. We also act for many independent operators in the farming community.

Our industry knowledge and experience, and accessibility to our rural-based clients, sets us apart from other legal firms involved in agri-business.

We endeavour to provide timely and practical solutions, allowing our agri-business clients to continue to focus on their businesses to ensure continued success.

Our Rural & Agricultural services include:

  • Preparing, reviewing and negotiating farm leases
  • Assisting with selling and buying farm properties
  • Share-farming arrangements
  • Mortgage and securities review and finance related assistance
  • Succession planning and estate planning
  • Preparing supply contracts
  • Preparing contractor agreements
  • Mediation and dispute resolution
  • Litigation support
  • Assisting with buying or selling farming or related businesses