Helping you to Avoid Disputes
Under a construction contract, one party expects to receive a service, the other party expects to receive payment for that service. What neither party expects is a dispute. However, disputes regularly occur.
These disputes typically relate to durations, payments and contractual interpretation. At Edge Consult, our expertise in dealing with these three areas provides us with the knowledge and practical experience to help you in avoiding such disputes.
The earlier that Edge Consult are appointed the sooner we can start to address potential risks. Initially, that could simply be preparing or reviewing a contract or a programme to deal with or identify risks.
At any stage of a project, we can develop a plan, setting out the steps necessary to minimise your exposure to disputes and provide the associated support.
However, where a dispute has already become clear, we can help in preventing that dispute from escalating.
That may be as soon as you become aware of the dispute or later in a final attempt to resolve matters. Edge Consult’s appointment at any of these stages will significantly enhance and protect your position.
The seeds of a dispute are often sown long before the dispute itself becomes clear. Sometimes, the parties have not considered contractual arrangements, resulting in uncertainty as to the agreement. More often, poor drafting or completion of the contract results in the parties having a different understanding of their obligations and liabilities. Even where a standard form of contract is used, slips in completing the contract, incorrect contract documentation or misunderstandings of the conditions can result in future problems.
At Edge Consult we have experience with reviewing and preparing contract documents. With our support and advice, you will have a better understanding of the potential contract risks, procedures to be followed and indeed alternative terms and conditions that could be negotiated to protect your position. Likewise, poor definition of the project scope, design, specification and Employer’s Requirements (often with vague design responsibilities) are also a common source of dispute.
We can provide you with an analysis of contract documentation to find areas where issues may arise and ensure documentation is better defined, reducing the risk of potential disagreements.
Construction Planning
Many disputes centre around the timing and sequence of construction operations. At Edge Consult our experienced planners/programmers can produce robust construction programmes or analyse programmes from third parties. If your project starts with a realistic and robust programme, you have already addressed one of the major risks that regularly lead to disputes.
Project Monitoring, Reviews and Audits
Edge Consult are often appointed to monitor construction progress against our programme and/or progress payments, reporting directly to our client. Our clients include building employers and funders for whom we monitor progress, administration and payment matters, or contractors seeking an external opinion on site progress and programme management of their contract. The extent of this service can be tailored to meet your specific needs.
Commercial and Payment Support
Another area of dispute is quantum, i.e. how much should be paid. Disputes can arise as a result of unrealistic expectations by a party as to the value of works or monies relating to disruption and delay. Edge Consult can provide an independent third-party assessment of the amounts involved, review application and payment procedures, payment notices, and the contractual basis for payments. Our early input can significantly reduce the risk of payment disputes developing.
