Construction Dispute Advisory
Identifying the risks is the first critical step to managing them.
In construction, this starts with identifying and understanding the risk allocation from the construction contract.
Once on-site, the desire will be the earliest identification of the risk(s) to manage and mitigate the impact of the risk on the planned time, cost and/or quality.
Most contract conditions are now drafted to include “condition precedent” clauses. These clauses require you to issue timely notices. If you fail to give the notices following the Contract, you may lose the entitlement to claim time and/or money. Often, the clauses are drafted to reflect that the notice has to be given within a very short period after the event, for example, five working days. Generally, if you have a monthly valuation cycle, your commercial team only consider variations or lost time when making the application. Unfortunately, this can be too late.
Even when the risks have been identified in good time, often, parties feel that following this path will lead to an adversarial relationship. However, if the matter is discussed early enough, the parties can manage the situation to all party’s satisfaction.
Alternative Dispute Resolution
Construction has traditionally been seen as adversarial. However, it does not have to be. The Parties must continue the dialogue and consider what works for them both.
We can provide pragmatic commercial advice which is not self-serving and is best for you and your organisation.
Included below is a list of the different services we can provide.