Dispute Avoidance

Project Inception:

• Assessment of the contractual, commercial & business risks
• Recommendations on contracting strategies
• Independent review of contract & ITT drafting and recommendations
• Assessment of relative risks of preferred contractors
• Assessment of Client’s contract management team structure
• Assessment of contractual interfaces; provide recommendations

Execution:

• Independent reviews of contractual/commercial ‘health’ of project
• Identification of potential/emerging disputes
• Recommendations on dispute avoidance/mitigation strategies and techniques
• Assessment of risks of key project changes; provide recommendations
• Training & Coaching of Client’s project team

Close Out:

• Independent review of the project’s plans for contract close-out; provide recommendations
• Identification of potential ‘late’ disputes impacting project handover
• Provide lessons-learned feedback and recommendations to Client

Dispute Resolution

Single Party Appointments:-

• Independent reviews of emerging/potential disputes
• Early assessment and advice on disputes
• Claims management; strategy-setting and tactical advice
• Assessment of contractual & legal rights & obligations
• Analysis of breaches, project events & records
• Quantum evaluation
• Schedule: Forensic analyses of delays, acceleration & disruption
• Preparation of contractual claim and defence documents
• Expert Witness reports and testimony
• Preparation of insurance claims
• Claim negotiation
• Support during Mediation, Arbitration and Litigation proceedings
• Lessons-learned feedback & recommendations for future Dispute Avoidance

Impartial, Independent Appointments (ADR):

• Provision of skilled & qualified Mediators, Arbitrators, Expert Determinators and Adjudicators
• Provision of industry-accredited Expert Witnesses (quantum & evaluation, contractual interpretation, schedule delay and disruption)

Training & Development

From one-off, classroom-based presentations to junior Contracts professionals to longer-term coaching & mentoring of Project Managers throughout the project life-cycle, we provide training and development programmes on a wide range of Contractual & Commercial subjects such as;

• Standard forms of Contract (e.g LOGIC, FIDIC & BIMCO)
• Managing Variations & Changes
• Specific Contractual themes; e.g LDs, indemnities, payment provisions
• Dispute Avoidance
• Claims & Disputes Management
• Alternative Dispute Resolution (ADR)

Quantity Surveying

• Preparation of Schedules of Rates and Bills of Quantities for use in ‘unit rate’ contracts
• Measurement of ‘as built’ work quantities
• Quantum / Work evaluation

Contract & Commercial Management

Project Inception:

• Early assessment of the contractual, commercial & business risks
• Recommendations & development of contracting strategies
• Assessment of relative risks of preferred contractors
• Assessment of Client’s contract management team structure
• Assessment of contractual interfaces; provide recommendations

Pre-Contract / Bidding Phase:

• Bidder pre-qualification
• Contract drafting / Contract Engineering
• Preparation of invitation to Tender (ITT) packages
• Independent review of Contract & ITT drafting
• Bid analysis
• Management of the bidding cycle from ITT to Contract award
• Independent review of the project’s readiness for Contract award
• Drafting Contract & Procurement Management procedures

Contract Execution:

• Contract Administration
• Variation / change management
• Independent review of the contractual / commercial ‘health’ of project
• Independent Contract compliance review
• Identification of potential / emerging disputes
• Recommendations on dispute avoidance / mitigation strategies and techniques
• Assessment of risks of key project changes; provide recommendations
• Contractor insolvency; advice and management
• Training & coaching of Client’s project team

Close Out:

• Independent review of the project’s plans for contract close-out; provide recommendations
• Identification of potential ‘late’ disputes impacting project handover
• Final account negotiation and settlement
• Provide lessons-learned feedback and recommendations to Client

Project Controls

Cost Engineering

• Preparation of conceptual estimates
• Preparation of ‘cold eyes’/independent cost estimates
• Audit of 3rd party estimates
• Preparation of cost budgets
• Development of Work Breakdown Structures
• Project cost control, forecasting & reporting
• Variation/change management and corrective action
• Cost risk analysis & management
• Drafting of Cost Management procedures
• Independent reviews of cost performance on projects at key ‘gateways’
• Audit of project cost budgets and forecasts

Planning

• Independent schedule review & recommendations
• Preparation and maintenance of project schedules
• Development of Work Breakdown Structures
• Assessment of work progress
• Progress and productivity measurement, monitoring, forecasting & reporting
• Change management and corrective action
• Schedule risk analysis & management
• Forensic analysis
• Drafting of planning procedures
• Independent reviews of planning performance on projects at key ‘gateways’
• Audit of project schedules and forecasts