Liability Management
Practical Solutions to Commercial Needs
We have extensive experience of different legal problems in construction in different contracting environments. We have advised contractors, subcontractors, employers and contract administrators on issues of liability in construction contracts. In some cases the advice has been given in a single meeting - a service regularly provided to small subcontractors. In other cases we have provided regular support as part of the administrative team, working closely with them to resolve issues so that they do not become confrontational disputes.
Modern construction contracts now require notices to be given on time as well as early warnings. Programmes need to be kept up to date and for some claims particular records are required. It is important to understand your obligations and rights under the contract, as well as the risks involved.
An initial "Health Check" of the contract allows you to formulate a management plan to protect your interests.
We provide a Contract Analysis Service to establish the allocation of rights and obligations of the parties and to identify the major risks. We provide advice on the commercial procedures to be adopted. The emphasis is on practical achievable solutions and procedures.
This type of service can be supported by the Rapid Response Advice Line.
It is always wise to check your legal position before expending large sums in dispute resolution, or before making a financial settlement. We provide legal opinions based on legal research of recent legal cases.
We also provide reports and analysis to assist in determining extensions of time due or the valuation of entitlement to additional payment.
Sometimes an opinion or report is a useful first step in resolving commercial difficulties, if based on an objective analytical approach, which is what we aim to do.
The right commercial approach during construction can avoid costly mistakes and reduce liability and disputes. It is not always possible to have specialists readily available who understand the project and the contracts and can communicate with your people in a way they can understand without legal jargon. What is required is a rapid practical answer to commercial problems.
We provide commercial advice on a regular or ad hoc basis during construction, using e-mail or telephone or facsimile. An early involvement speeds up the process. The service includes drafting correspondence and notices as well as advising on the interpretation of particular clauses of the contract. Practical experience of managing projects as well as resolving disputes helps to recognise the real practical issues.
Seeking a contractual resolution to a commercial problem will always be your first approach.
We provide you with assistance
either acting as a legal adviser or
acting as lead manager in preparing the claim or
acting as lead negotiator in the settlement discussions.
We tailor the approach to take account of the amount in issue and the cultures of the companies and countries involved.
