Construction Industry dispute resolution and project management. Legally qualified independent chartered engineer providing contract advice, adjudication and arbitration services.
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On this page General | Tender | Valuation | Warranties and Bonds | Insurance | Special Projects | Expert Evidence | Risk
I endeavour to provide the same high quality of service, whether giving contractual advice over the telephone or handling a major dispute. The value of advice can be enhanced by knowledge of how individual companies operate, gained over a period of time. For this reason, I welcome building a long term relationship with clients.
It is a truism that the ideal time to avoid contractual disputes is at tender stage. It is not always possible to achieve the most satisfactory arrangements under the commercial and time constraints common in our industry. However, there are a number of areas where advice at tender stage can usefully be provided.
Many contracting organisations now choose to write their own contracts or heavily amend standard terms. The results range from very good to the opposite. It often becomes a contractual minefield of uexpected obligations. Advice about which terms can be accepted and authoritative reasons for not accepting others, can be very beneficial in the negotiation of contracts.
Other areas, which cause problems at this stage, are warranties, insurance and bonds, as discussed below.
An important aspect of obtaining the best outcome from a contract is ascertaining a proper valuation. This applies equally to Contractor, Subcontractor and Client. It must take into account not just measurement and rates, but the contractual position. I am well placed to provide a realistic assessment of the position and advise as to how to proceed. This can either be a as a brief overview, a detailed assessment or I can play an active part in the negotiation of a settlement.
There is an increased demand upon contractors of all sizes for warranties and bonds. This is particularly an issue in Projects involving Management Contractors. Such warranties frequently impose conditions far more onerous than the contract itself. However, they are often overlooked because they appear complicated, they are considered a side issue or the consequences seem remote.
Similarly, parties requiring warranties and bonds, often do not fully understand the reasons or implications of the documents. Seeking help at an early stage can lead to a solution which is commercially viable and serves the legitimate interests of both parties.
The contractor or employer will no doubt put in place normal insurances, as a matter of course. However, contracts include clauses allocating risk, providing indemnities, requiring insurance and allowing parties to take out default insurance. The long line of litigation, even concerning standard contract terms, demonstrates that these provisions are not always consistent or indeed logical. Where a contract is heavily amended, as is now the fashion, the potential for confusion is greatly increased.
The situation poses several problems. The contractor or employer may find it is not properly insured. Equally, claims may be made against its insurance, which could be resisted if the correct arguments are presented. I can provide assistance, whether prior to contract or after an incident arises, to minimise exposure, through negotiation or presenting the client's case.
Most companies have times when a particular project or issue requires senior management input and no one can be spared. Whether it is new policy initiatives, auditing or a review of procedures, something needs to be done urgently by someone who can be trusted to quickly understand the issues and produce results.
With a wealth of experience in all aspects of construction management, I undertake commissions in these broader areas, which are often of a confidential or sensitive nature.
It often seems that expert evidence is obtained to support a claim only after Litigation or Arbitration has commenced. The expert providing advice is clearly working for the party, but he must be aware that his reports or advice may later be required as evidence in a court, to whom he owes a duty of impartiality.
The late use of expert advice may arise from a desire to save money at the start or from panic later on! However, it is suggested that it does not result in efficient management of the dispute. It is better to obtain an expert technical view at the outset to properly test the strengths and weaknesses of the case. An informed judgement can then be made on the best method of dispute resolution.
Risk in construction covers a wide range of issues from technical difficulties and contractual matters, to the attitude and financial status of the other party, and the availability of adequate insurance and resources.
Whatever the total project risk, the way in which that risk is allocated is of vital importance. An exhaustive analysis is expensive and may be regarded as unnecessary. However, some appreciation of the risks is vital and often outside advice which covers both the contractual, legal and technical issues is beneficial.