We provide contract support to live construction projects to assist the delivery team in meeting their obligations and advising on their rights. Detailed below is a summary of some of the services we have and continue to provide some of our clients.
Early Case Evaluation
In order to try and minimise expense from the outset, we will provide an early case evaluation report following a detailed review of the contract and evidence to assist in the decision on whether to proceed or not, with a formal claim or defend a claim and on what basis. Within the report, options will also be presented on the mechanism for resolution of the potential dispute from negotiation, mini private trial, adjudication, expert determination, litigation, arbitration, mediation and conciliation.
We will advise you on your rights and obligations pursuant to the contract, regardless of whether it is the main contract or subcontract in respect of the full suite of the JCT forms, NEC, FIDIC, IChem E, ICC, Bespoke contracts, Consultancy contracts, Joint Venture agreement, Performance Bond, Advance Payment Bond, Retention Bond, Collateral Warranties, Parent Company Guarantees, Other forms of Indemnity and Collaboration agreements.
During the delivery stage it is not uncommon for parties to neglect their obligations on issuing timely notices of delay, notices of loss and expense, non-completion notices. The two former notices can, if not issued in a reasonable time as is required by some conditions of the Contract result in the loss of entitlement to additional time and/or loss and expense. Condition precedent clauses are commonplace in construction Contracts and therefore it is vital that the parties follow the conditions that they agreed will govern their rights and obligations. We will produce proforma notices of delay, notices of loss and expense and non-completion notices for the delivery team to issue as and when required.
Loss & Expense Claim
Our experts will compile loss and expense claims in line with the judgements held in the Courts of England and Wales or if it is decided to diverge from these parameters by the parties, we will produce the loss and expense claim in line with that agreements demonstrating your entitlement. The loss and expense claim will not be limited to prolongation, but all other permissible heads of claim will be particularised. In addition we will review and defend on your behalf, any loss and expense claims that you receive from your contracting party and take the line set out by the Court.
Negotiation is the best form of settlement of a dispute and we will always suggest to try this method first prior to embarking upon third party decisions, award and/or judgement. We can assist you in the process of a negotiated settlement by compiling a Position Paper that sets out your entitlement under the contract for discussion with the other contracting party. We will meet and discuss the Position Paper with the other contracting party putting forward the merits of your case and negotiate on your behalf to reach an amicable settlement.
Risk & Opportunity
From the outset of the project and during the construction phase, there are risks that should be identified and managed. Where there is a risk, in some instances there are opportunities, and like risk management, opportunities should be identified, managed and realised during the life of the project. We can from the invitation to tender stage, during the pre-construction stage and during the construction phase, identify the risks and opportunities, devise strategies for their management, minimisation and realisation. Risk and opportunities can take many forms, from procurement strategies, proposed terms and conditions of the contracts, programme, project controls, bespoke specific project issues.