Our Services
What we Do BestServices
1. Construction Claims
Commercial & Engineering Consultancy provides personnel who are experienced in the identification and analysis of potential contractual claims. The key person for this proposal is Michael Sherlock.
Claims often arise due to unforeseen circumstances. The additional and unavoidable cost and program overruns or delay are often suffered when relevant project management personnel are fully focused on getting the necessary work done. Important contract notices are missed or delayed, which can result in rights under the contract being lost or seriously impaired. Contract notices for claims may require consideration of numerous factors including changes to the scope of works, restaging, opening of multiple or different work fronts, changes to construction spreads or work teams, etc.
The contract notices and claim submissions need to be drafted to meet requirements under the relevant contract and permit the recipient of the notice and claim to understand how events are claimable under the contract and have caused the costs that are quantified and presented for assessment in the claim. This requires a structured approach with clear support for the costs and delays claimed.
Quantification of costs for a claim requires a methodical, experienced, and analytical review of project costs that are mostly not collated or recorded for claim purposes. They are usually simply project cost records.
This makes it even more important that the claim be prepared by experienced personnel. This requires a ‘hands-on’ and close working with project management personnel who know where the relevant costs are captured.
Each claim requires an independent considered approach, whether the claim is submitted by employer, contractor, or subcontractor. We can help with the identification and development of a customized approach for all types of claims including:
• Changes to scope of work
• Variation claims
• Program delay and disruption
• Extension of time, delay, and prolongation issues
• Change in Law
• Change in Staging or directed change
• Loss of productivity, fragmented works
• Amendments to construction methodology
• Instructed acceleration
• Cost of corrective work
• Change to site conditions, unforeseen conditions
• Management issues and inadequate directions
• Assessment of force majeure events
• Defective and / or deficient contract documents
• Wrongful contract termination and / or suspension
• Breach of contract claims
• Contract Works Insurance claim – wet weather damage, damage to existing or new assets, etc.
2. Negotiation & Resolution Management
In addition to claim preparation, we can support clients with negotiations associated with settlement of contentious issues, by working through each issue with both parties, using a methodical & analytical approach ensuring all relevant facts and information are considered in a fair and reasonable manner.
I have a proven track record in achieving equitable outcomes for all parties to the negotiation, avoiding unnecessary costs associated with disputes. In addition, by adopting such a fair and reasonable approach we often indirectly salvage the working relationship between the parties, which is crucial to the construction industry.
As an external party we can act unbiased to each party while achieving best outcome for both, by adopting an experienced viewpoint which is not influenced by past issues which may not be relevant to the current negotiations.
3. Commercial & Contract Management: (Tender Stage)
- Management of tendering process to ensure compliance with the Employers requirements.
- Compilation of appropriate invitation to tender documents including confidentiality agreements.
- Management of the bid commercial team including quantity surveyors, contract administrators, estimators, and schedulers.
- Compilation of pre-tender estimates and tenders to ascertain budgets to be incorporated into the bid
- Issuing of tender bulleting and addendums
- Evaluating, scoring, and providing recommendations of tender submissions on a financial & non-financial perspective.
- Identification of tender qualifications and deviations to ensure no gap risk is apparent.
- Review of proposed Head Contract documentation
4. Commercial & Contract Management: (Project Delivery)
The period between preliminary award and executing the Head Contract is an opportune time to ensure all commercial risk is appropriately communicated to in house legal teams to ensure they are adequately negotiated in the final stages, we can provide a commercial overview and become part of the negotiating team.
We understand the pressures associated with projects and how critical it is to have a fluid and efficient startup. We can also assist in the drafting of the subcontract scope of works which are clear and concise, identifying the clear roles and responsibilities of both parties of the agreement. This will ensure no valuable time is lost in procurement, whilst the site team can focus on planning and delivering the project works.
Prepare contractual notices as required by the project team to ensure compliance with the Head Contract and avoid being time barred from submitting a relevant claim.
We can provide a commercial support role to the construction team, working closely with the project managers, construction managers and directors. The tasks that can be managed as required are as follows:
- Rights and obligations summary of the head contract agreement
- Project head contract training to selected project team members
- Head contract and subcontract review & administration
- Tender document review
- Framework/platform to capture necessary project costs and schedule-performance information and provide notice of variance at earliest opportunity
- Submission of head contract notices
- Response to subcontractor and supplier contractual notices
- Management of procurement team and negotiation of packages including contractual deviations
- Submission of head contract variation and EOT claims and subsequent negotiation
- Cashflow management
- Drafting of Management Plans for Works commencement approval
5. Training
Our commitment and attention to detail in developing engineers is unrivalled. We care about what we do and believe our people have the passion necessary to inspire the next generation of engineers to the level required.
Get In Touch
PO Box 30
Concord West
NSW 2138
+61 400 170 168