Tailored for...

Contractors

The project has to move forward, even when the schedule slips, claims are rejected and responsibility is unclear. The contractor has to maintain progress, secure documentation and make decisions while the financial consequences grow.

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As a contractor, you work at the intersection of time, cost and quality, whether the project involves a building, a road, utility lines or other infrastructure. A late decision can push the schedule. A design error or unforeseen conditions on site can stop the works. Extra work can turn into a dispute over both payment and delay.

Staff, equipment and subcontractors have to be coordinated, claims have to be notified, and documentation has to be in place before opportunities are lost.

Is the extra work covered by the contract? Who bears the risk of the delay? Is there a basis for the notified claim for liquidated damages? And how do you protect your position without slowing the project down more than necessary?

That requires the technical conditions, the construction contract and the actual course of events to be seen as a whole.

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“The construction contract only tells part of the story. The rest lies in the schedule, the minutes of meetings, the correspondence and what actually happened on the project.”

We bring the legal and technical threads together and map the course of events. When relevant, we visit the construction site or works area and talk to the people who have been close to the work.

On that basis, we assess cause, liability and the consequences for time and cost. The contractor gets a clear picture of the strength of the case, the documentation and the possible ways forward.

Some cases call for claims and documentation to be pursued firmly. In others, it makes more sense to narrow the disagreement, protect the contractor’s rights and find an amicable solution so the work can continue.

We bring structure to the long course of events, keep the common thread and take charge of the process. That provides a clear basis for decisions and a way forward that works legally, practically and commercially.

Our advice includes:

→ Contracts and risks

We review tender documents and construction contracts and identify unclear terms and risks before the bid is submitted or the contract is signed. This can also take the form of a risk workshop with the project’s key people once the contract has been awarded or entered into, to make sure the project gets off to a good start.

→ Delays and extra work

We analyze the schedule and the course of events and assess the consequences for time and payment. This includes claims for extensions of time, liquidated damages and payment for work beyond the contract.

→ Defects and liability

We examine the technical conditions and the agreements to clarify cause and liability. When necessary, we help with securing evidence, expert surveys and handling claims against consultants, suppliers or subcontractors.

→ Conflict and dispute resolution

We assess the strength of the case and set a strategy for the further process. That may be through negotiation, mediation, expedited decisions or arbitration, with an eye to how the project can continue while the disagreement is resolved.

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