Services
Tender Stage
Tender Stage
Especially in large or critical projects it is necessary to negotiate to agree on particular terms. Towards this end we assist clients by drafting amendments to standard conditions of contracts or drafting particular conditions.
It is also important that a realistic and workable master programme be prepared and agreed to with the client at tender stage and for this purpose Fortius is able to provide the required input.
During Project Implementation
During Project Implementation
As construction of a project evolves, there will very likely be changes. To manage it, claims are necessary.
There are always three headings of claims in construction contracts:
- Additional payment for variations.
- Claims for extension of time.
- Claims for payments to compensate for additional costs incurred.
This comes about following instructions to carry out additional works or to vary the quality of works. Often, the relevant consultant would try to deny the contractor’s entitlement. If the client is a developer, he will be fighting unjustified claims.
Claims or defending under this require perusal of the drawings, specifications, and bills of quantities so that the actual intent. This is so that fair advice to the client can be rendered before deciding how to approach the matter. We do not infrequently advise our clients to drop their position if the provisions are overwhelmingly against them or place them as a low priority to be dropped in an overall settlement.
This takes centre stage in practically all construction contracts. For this we have a planner with more than ten years’ project planning with planning software and Master’s degrees in both Civil Engineering and Project Management to carry out analysis. Our lawyers who have both been involved in construction contracts disputes are well versed in the narration.
In many cases we are approached following rejections of claims for extensions of time where our expertise which is not available in-house is required.
This can be for additional costs incurred as a result of an instruction given under a contract or as a result of a default which causes a contractor to expend costs or which causes delay. This will require (except the simplest of cases) an analysis of the extent that each of the developer’s risk and the contractor’s risk events play in causing the delay considering any concurrencies and their extents.
We are engaged to interact with the project implementation team to draft the necessary notifications and claims which is done in “real-time”.
Project Completion
Project Completion
Our input is provided for rebuttals and claims, with our professional team’s support and preparation for formal dispute resolution.
There are inevitably variations to projects, and the additional payments are substantiated by our Fortius team’s meticulous preparation of arguments to counter rejections.
Based on the many decades of experience and knowledge of contractual construction agreements and industry practices, we seek a fair outcome for our clients.
We provide our clients with full legal support to prepare rebuttals to rejections or disputes regarding quanta of compensation due.
Any claims made during a project for extension of time and claims for additional costs in connection, are closely scrutinized by our experienced team at Fortius.
Due to our collective experience, our clients can rest assured of a just outcome, receiving only what is legally payable in damages.
For our clients, we strive for just settlements and for all parties to remain on positive terms with one another.
On substantiations for additional payments for variations and rebuttals to rejections or disputes, our legal support includes exhaustive preparation of briefs for engagement of lawyer and expert witness and advising during the preparation of pleadings.