A Strategy Tailored to your Needs
The formulation of any strategy is likely to be based around the contract between the parties. You can consider the contract as both your shield and sword. That is, a contractual shield to defend claims made against you, and a contractual sword to advance claims against the other party. Having reviewed the contract and relevant documents, Edge Consult can provide you with a plan or road map detailing the route or options available to address your concern.
We regularly audit and review main contracts, sub-contracts and consultant appointments, explaining to our clients the risks and obligations that may otherwise be missed or misunderstood.
Our advice may include use of RAG (Red/Amber/Green) Risk Ratings providing an explanation of each notable risk, both in terms of probability and liability. This will enable you to understand and make informed decisions. Where practical, we can also identify a mitigation strategy to ensure you have suitable procedures in place to limit your exposure to such risks.
As part of any strategy, we regularly draft contractual letters for our clients to protect and enhance their position. A letter that may take just a couple of hours to draft may ultimately save weeks or even months of dispute in the future (not to mention the cost risk). As always, ‘a stitch in time saves nine’.
Protecting & Enhancing your Position
Where a dispute has arisen, Edge Consult can again provide you with both contractual and practical advice on the way forward.
For example, sometimes it is necessary to get the contractual position in a robust place, e.g. by the issue of notices, before payment matters can be progressed.
Our aim is to minimise the chances of you becoming disadvantaged or ending up in a dispute and adjudication. However, where a dispute becomes unavoidable, our clients will gain from our strategic advice and the documentation analysis undertaken in preparing the strategic plan.
Contract Administration
Our strategic advice can be linked to the role of the Employer’s Agent or Contract Administrator.
We can support you by checking that contractual procedures and good practice are followed, for example in the issue of contractual notices, extensions of time and ascertainment of loss and expense claims.
We ensure that our proactive mindset and practical experience, combined with our contractual knowledge, protects and enhances our clients' position. If a construction project appears to be heading towards a dispute, our early involvement can either prevent the dispute from escalating or enable us to prepare for a potential adjudication or other proceedings.
Where we act as the Contract Administrator, we will apply our expertise and experience in contract procedures, planning and delay analysis, along with robust valuation and cost control. This will help to mitigate against potential disputes arising and minimise the need of our dispute resolution services. However, should a dispute still arise, we will then have all the necessary records and project knowledge to deal with that dispute.
