Contractual Advice

BEA provide expert advice and opinion on any problems arising under the various standard forms of contract used in the Construction Industry - and those designed for individual companies or specific projects.

Early involvement and regular monitoring of a project protects a client's position, and ensures notices, requests and applications required by the contract are submitted at the appropriate time.

We can also play a vital role at pre-tender stage, working in partnership with a client in the consideration of contract conditions, proposed amendments, quantity surveying matters and the assessment of construction risk.

In both instances, we can carry out a thorough review of the documents and circumstances, and compile a comprehensive report containing our detailed expert advice, opinion and recommendations.

Contractual Claims

When it comes to the preparation and defense of contractual claims, we are able to offer considerable experience. We work closely with our clients, preparing claims under all standard and non-standard forms of contract, or under Common Law in the case of any breach.

These include:-

> disputes relating to disruptions

> extensions of time

> loss and expense

> rights of set off

> counter claims

> liquidated and ascertained damages

> the consequences of insolvency, insurance and defects

> entitlement statement.

Producing a properly detailed and reasoned claim is an important part of securing a client’s contractual entitlements, but in addition to this, our negotiating skills and commercial awareness have also played a key role in obtaining successful settlements for our clients.

We are also able to offer an independent appraisal of the available evidence in order to help solely in the development of a strategy which produces a settlement in a client’s best commercial interests.

Litigation and Arbitration Support

It is our policy to pursue agreement and settlement of a clients entitlements by adopting a firm, commercial and non-confrontational approach. Where litigation or arbitration is unavoidable, we are experienced in providing advice and support during preparation of pleadings, discovery and presentation of Court or Arbitration Bundles, in conjunction with solicitors.

Cause and Effect Schedules and Programs

Many forms of contract include provisions which allow the contract period to be extended, or additional payment to be made, if progress is delayed or disrupted due to certain events and circumstances specified in the contract.

The success of any entitlement depends on establishing all causes of delay and disruption, demonstrating their effects on the original master program and properly calculating loss and/or expense where additional time or reimbursements are due under the contract conditions.

Demonstrating such matters by Cause and Effect schedules, programs and charts often helps to highlight events and effects, and their use has become a recognised addition to any entitlement narrative. We have considerable experience in the preparation and presentation of such schedules and documents to a high professional standard, and their use has been welcomed as a valuable assistance to solicitors, judges and arbitrators.


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