CONTRACT FORMATION. DISPUTE AVOIDANCE AND RESOLUTION.
Stable Construction Consulting exists to assist Contractors and Subcontractors in the negotiation and formation of construction contracts, and in the quick and timely resolution of disputes.
Whilst disputes on construction contracts may arise in a wide variety of situations, most can be attributed to one or more of the following four issues:
- Poor, or onerous, or contradictory terms within the contract
- Misunderstandings, or differing interpretations of contract terms
- Delay and disruption caused by post-contract changes
- Poor or incomplete design information
Disputes are like diseases – prevention is better than cure. By setting the contract up correctly in the first place, and by ensuring that all the contract documents ‘talk’ to one another, it is possible to minimise the likelihood of serious disputes arising. Stable Construction Consulting will carry out a review of the proposed contract documentation and can suggest and negotiate any amendments to all commonly used standard form construction contracts.
In a bid to save time, many construction contracts are sent out to tender far too early, and before the completion of the design, much of which is designated as Provisional. In many cases, the eventual design:
- Is issued too late for seamless incorporation in the works
- Bears little resemblance to that which might have been anticipated
The result:
- Claims for extensions of time, together with associated prolongation costs
- Claims for additional/unforeseen preliminaries costs
- Claims for Disruption/loss of productivity
In such situations, Stable Construction Consulting can assist in the commercial management of the situation and in the drafting of appropriate correspondence. If necessary, we can compile claims for both delay and additional cost and can negotiate these on behalf of our clients. If settlement proves unachievable we are experienced in taking cases to Adjudication and beyond.