The best form of dispute resolution is to not get into dispute in the first place.
Understanding your obligations and how your contract operates is a major factor in dispute avoidance.
Contract Vetting:
Our vetting service is available for all forms of Main and Sub-Contract, PCSA Agreements, Collateral Warranties and the like.
- Reviewing bespoke Contracts or proposed amendments to standard Contracts, and advising on increased risks, applying a low, medium and high risk colour coded system.
- Clear, plain English setting out of the relevant risks and proposed changes to remove or reduce the risk.
- Identifying increased risks that might be acceptable subject to our risk management recommendations.
- Identifying any “technical” drafting issues and recommending how to resolve.
Contract Preparation:
- Advising on appropriate forms of Contract and procurement routes, preparing suitable wording / documents for inclusion with tenders.
- Preparing forms of Main Contract or Sub-Contract for your projects, using standard forms such as JCT or NEC, or preparing bespoke forms for you.
- Negotiation of terms with other Parties.
- Preparing associated documents such as PCSA Agreements, Collateral Warranties and Consultant Appointments.
- Preparing documents in appropriate forms for signing.
Contract Advice:
- Advising on the operation of Contract provisions / clauses.
- Advising on contractual mechanisms and compliance with them.
- Interpretation of contract conditions, including the effect of amendments and bespoke clauses.
- Assessing and advising on contractual entitlement, including common issues such as:
- Payment and payment notices.
- Valuation of work and variations.
- Design obligations.
- Time, completion, delays and extensions of time.
- Loss and expense.
- Liquidated or actual damages.
- Defects liability and defect rectification.
- Insurance issues.
- Suspending work or terminating the Contract.
- Advising on Bonds, Guarantees, Warranties and the like.
Training – Contract & Commercial
- Bespoke training on various forms of Contract, their operation and use.
- Bespoke training of commercial staff, focussing on commercial / QS matters and associated key contract provisions.