Claims Preparation

In order to provide successful Project completion and mitigate major risk, special attention should be given to Offer Preparation process. During Offer Preparation process focus is mainly on Technical and Commercial part, while Contractual part is usually underestimated. At the end of the Project, Contractual part usually becomes the most important for protection of the interest of the Party. Therefore, it is of outmost importance to prepare the Offer taking due regard to all relevant circumstances, which will be outlined in the Contract.

Our team of experts from different fields will use its previous extensive experience in order to evaluate all the risks included in the Tender Documents from the Contract point of view. Proper analyse of the Tender Documentation is the first step in order to protect your interests and maximise profit on the Project If you already have signed Contract based on FIDIC Conditions of the Contract and you need Contract Administration Services, we are the right partner for you. Drafting and preparation of all related Contractual Correspondence is our area of expertise.

The Construction environment is full of risks. Therefore, proper identification of those risks is the difference between winning or losing profit. Contract Administration Services are one of the most important services on the Project. However, often we underestimate them. Only one thing is more expensive than not having Contract Administration at all. It’s having improper Contract Administration. Usually, Clients having improper Contract Administration Services can erroneously believe that they are entitled to a certain amount of time and/ or money. In case they decide to pursue their rights on Arbitration, such misconceptions can be very expensive.

Even the best managed projects need to be monitored to ensure that a potential dispute is addressed early.

By ignoring disagreements or uncertainty around time and cost, small issues can grow into much larger disagreements or disputes. This can be detrimental to not only the project, but the relationships and businesses involved.

Each construction contract places upon the parties obligations that they are to meet. These obligations are often only triggered by one of the parties doing something pro-active. This could be that the Employer must issue a written Instruction if he wants a change, or that the Contractor must issue a programme at four weekly intervals. These Contract Administration procedures ensure the contract is being effective and also in many cases are a condition precedent to entitlement. That entitlement might, for example, be payment, or an extension of time.

Having a robust contract administration procedure in place can often avoid any claims. It can keep momentum in the project and maintain a positive status quo amongst all parties. It also allows you to proactively avoid risks. If risks do arise, by having the correct contract documents and records in place, you are in a strong position to deal with them before difficulties occur.

So, what is involved in

contract administration?

All standard form contracts have a set of responsibilities for the parties to perform. Each contract is different and contract clauses within a suite of contracts may be different, depending on the procurement method. We are familiar with all contract forms including JCT, NEC and ICE (now the Infrastructure Conditions of Contract). We consistently keep abreast of any contract interpretation through the construction courts, construction related legislation amendments and contract analysis through legal seminars.

Essentially, our contract administration support includes:

Preparation and checking of contract documents
Interpretation of contract provisions
Contract Notice provisions
Managing change control procedures

Issuing of Contract Instructions and variations arising
Payment mechanisms
Construction programme and progress reports
Ensuring project documents and records are maintained and issued correctly

Our role is to ensure projects run as smoothly and effectively as possible. In the unfortunate circumstance a dispute or claim arises, you will have quick access to the correct records and be able to resolve it quickly. If the dispute is not easily resolved and a claim continues, we can also provide support in claims preparation.

Scope Changes

Schedule Delay and Disruption

Termination Claims

Delay Claims

Cost of Corrective Work

Tort Claims

Construction Productivity Loss

Construction Means and Methods

Payment Claims

Unforeseen and Differing Site Conditions

Management Issues

Assessment of Force Majeure Events

Defective and Deficient Contract Documents

Constructive and Directed Change

Construction Acceleration

Wrongful Contract Termination or Suspension

Construction Claim Presentation and Negotiation

Often the most contentious aspect of a claim is the discrepancy between parties’ quantification of the claim. Having assisted with claims evaluation of public and private sector projects on behalf of owners and contractors alike, as a part of our litigation support service, Spire is equipped to identify liability and quantify damages in a timely and cost-effective manner that best serves the interests of our clients.

Our services that may complement your need for

claims identification include:

Claim evaluation and quantification

Construction productivity loss

Construction defect evaluation

Damage evaluations

Standard of care for construction professionals

Arbitration and mediation support

Consulting experts

Expert witness testimony

Whether you are an owner, program manager, contractor, architect, subcontractor, construction manager or attorney, Spire’s consultants are equipped to provide the analytical support necessary to prepare and present claim for your organization.

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