We take any construction or services agreement and assess it in fine detail. Noting all the potential likely risk items and things which may need to be closely managed to ensure a successful project.
Ownership of the terminal float, time bar clauses for variation or extension of time notifications, personal guarantees, contractual clauses which do not match insurance pay out policies and unclear language which lead to misunderstandings and eventual disputes- can all be eliminated at a very early stage and before you enter into an agreement.
All issues are reported on as one of the following catagories: Cost, Time, Liabilities, Process and Legislation.
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Of all the services provided, contract risk assessments are the least costly and are the most important step before engaging in a contract. It is the fence at the top of the cliff rather than the ambulance at the bottom. We have extensive international experience with many forms of contract.
Typical reoccurring risk items when reviewing contracts include the following (without limitation):
1. Precedence of documents (ensuring the documents priced are reflected and tender tags aren’t superseded by tender documents),
2. Contract documents (ensuring submitted tenders are included as documents and that priced documents are correct),
3. Payment terms (ensuring offsite payments are valid, timing for claims and subsequent payments),
4. Limitations to extensions of time (for example exclusion of concurrent delay periods)
5. Limitations to variation entitlements (for example exclusions of force majeure events and costs related to extensions of time).
Providing professional advice to the construction industry across New Zealand
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