The contract is a key document in underpinning each party’s rights and obligations.
The contract often needs to be considered against the background of legislation, guidelines, case law, industry standards, academic text and other factors which can also have an influence.
Our people have drafted contracts for small-scale one-off jobs to full suites of contracts and consultant appointments for mega projects valued at hundreds of millions of pounds.
We will engage with you to understand the nature of the project and to identify any specific aspects or concerns. We then use our experience to move forward with the best contractual approach. The aim is always to give our client, and the project, the best chance of succeeding.
Some contracts require a more proactive approach than others. We assist our clients in operating the contracts during the project. This includes helping contractors avoid pitfalls, such as any notification time bars and ensuring that their entitlements do not become compromised.
We often draft aids which our client’s team can use to ensure they are compliantly issuing payment applications, payment notices, payless notices, LAD notifications, claiming their loss and expense properly etc. and generally, not falling foul of contractual requirements.
We engage with the project team and put in place strategies to ensure that our client’s team is aware of all its contractual obligations.
It is important to understand where the risks lie within a contract. Preferably this would be before the contract is signed, however, we understand the realities of the industry. Even after the contract has been signed, we will be able to devise a risk mitigation strategy.
Our contract reviews are comprehensive and can be adapted to suit your needs. Generally, our reviews follow a ‘traffic light’ system, where the contractual risks are colour coded and explained to you. The level of detail will be tailored according to your preference.
We can also assist you during the negotiation of your contract. This can take the form of drafting amendments to the contractual terms and/or negotiating directly on your behalf.
In addition to the risks, a good contract review will also help you identify areas that could work to your benefit.
Before, during or after a project, issues may arise which require expert contract interpretation. We are here to provide that advice.
Our people have reviewed, drafted, implemented and advised on thousands of contracts over the years in the UK and Ireland. This has included bespoke contracts and all standard forms including JCT, NEC, FIDIC, RIAI, PWC, IChemE etc.
We know what unreasonable risk looks like and we know what clauses typically cause our clients pain. We can help you negotiate a more favourable position or explain where additional risk should be priced for and monitored. We can also help you use the contract to your benefit.
Our advice is practical, and we help you move forward in the most commercially astute way.