Cases
At CMGuide, we are dedicated to delivering robust and superior contractual services and representation, empowering our clients to meet their commercial and legal goals. Below are selected case summaries that showcase the remarkable outcomes we’ve secured for our clients in both contentious and non-contentious matters. Each story is a testament to our commitment to excellence and the tailored approach we take in navigating complex contractual landscapes.
Victorian Builder Achieves Favorable Settlement
CMGuide successfully assisted a Victorian builder in negotiating a favorable deed of settlement with a developer, addressing multiple delays and extension of time claims. The meticulous preparation and representation by CMGuide effectively resolved the contentious issues to the contractor’s benefit.
Strategic Construction Claims Support in Trinidad and Tobago
CMGuide played a pivotal role in supporting a prominent contractor in Trinidad and Tobago by meticulously preparing a comprehensive construction claims package. This included extensions of time and a significant termination claim, prompted by the employer’s decision to terminate the contract for their convenience. The contractual framework for this project adhered to the FIDIC Red Book 1999.
CMGuide’s Key Role in Successful International Arbitration in Dubai
CMGuide played a pivotal role in the triumph of a renowned developer in the Middle East by providing crucial assistance in a significant arbitration case against a prominent contractor. CMGuide’s involvement included the preparation of two expert reports and active participation in cross-examinations during the arbitration proceedings.
Contractor Wins in Adjudication for Altona Apartment Project
CMGuide spearheaded a successful adjudication determination for a contractor’s payment claim related to an apartment project in Altona. By leading the preparation of the payment claim, adjudication application, and additional submissions, CMGuide ensured a favorable resolution during the adjudication process
Builder Secures Favorable Adjudication for Mixed-Use Building in Hampton East
In a complex case involving a mixed-use building in Hampton East, CMGuide facilitated a favorable adjudication determination for the builder’s payment claim. Comprehensive guidance in preparing the payment claim and handling the adjudication applications underscored this notable success.
Contractor Prevails with Summary Judgment in County Court
Collaborating with a legal firm representing a contractor, CMGuide contributed to a victorious summary judgment under the Security of Payment Act in the County Court. The team’s expertise shone through in handling both the application for summary judgment and a successful defense against the subsequent stay of judgment, underpinning the judgment with a well-prepared payment claim.
Luxury Townhouse Project: Contractor Triumphs in Adjudication
CMGuide led a contractor to a favorable adjudication determination for a payment claim associated with a luxury townhouses project in Brighton. Through strategic preparation of the payment claim and expert navigation of the adjudication applications and submissions, CMGuide ensured a victory for the contractor.
Bentleigh East Project Leads to Favorable Adjudication for Contractor
CMGuide achieved a positive adjudication outcome for a contractor’s payment claim on a Bentleigh East project. The team’s strategic preparation of the payment claim and diligent management of the adjudication application and further submissions culminated in a successful determination.
Successful Lawful Termination of Construction Contract at Hampton East
CMGuide proficiently guided a main contractor through the lawful termination of a construction contract in Hampton East. The process concluded unchallenged by the developer, thanks to the comprehensive termination claim prepared by CMGuide. This claim became the foundation of a favorable deed of settlement, ensuring a satisfactory conclusion for the contractor.
Effecting Drafting of Residential Contracts in Nunawading
CMGuide was instrumental in preparing three major construction contracts for an extensive residential development in Nunawading, based on AS4000. The team meticulously tailored the standard contracts, making significant amendments and incorporating mandatory provisions as per the Domestic Building Contracts Act 1995, ensuring a solid legal foundation and clear terms for the project.
Contract Fairness Achieved in Brighton Construction Agreement
CMGuide supported a contractor in reviewing and negotiating a major residential construction contract in Brighton, based on AS4902. The team adeptly identified and amended clauses with unfair risk allocations, resulting in a balanced and fair contract. This strategic negotiation paved the way for a robust and equitable construction agreement.
Achieving Favorable Settlement on Major Variations in Bentleigh East
CMGuide prepared and validated multiple variation and extension of time claims for a contractor involved in a residential project in Bentleigh East. These well-crafted claims were instrumental in compelling the developer to agree to a deed of settlement, ensuring the contractor received rightful compensation for all adjustments made.
Negotiating Deeds of Variation for Glenroy Construction Contracts
Leading the negotiation with a developer, CMGuide successfully concluded deeds of variation for two significant construction contracts in Glenroy. The deeds effectively safeguarded the contractor’s rights and ensured proper compensation for all incurred delays, demonstrating CMGuide’s commitment to protecting its clients’ interests and facilitating fair and equitable agreements.