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Our Pre- Contract Services:
Contract Documentation
We have 30 years’ experience in the construction and engineering industries, in a range of sectors, from specialist trade packages such as groundworks, to separate sectors such as house-building, rail, drilling and cable installation, HVAC, roads and EPC oil and gas.
We are experienced in all major types of standard form contracts and subcontracts, including JCT, cost-based and target cost NEC3 and NEC4, the Network Rail Suite, FIDIC, CRINE/LOGIC and many bespoke contracts including oil majors’ EPC, and professional terms of appointment, including quantity surveyors, Architects and engineers.
We will undertake a thorough review of your draft contract pre-tender and advise of key risks and mitigation strategies, taking the scope of work and all interfaces and programme into account. This will enable you to propose contract amendments, from word changes, to proposing exclusions of certain risks best left to the other party (ground conditions, design liability, reliance on Employer’s documentation, etc), limiting your liability, changes to indemnities, and amendments to Collateral Warranties, Parent Company Guarantees and Performance Bonds. We can advise on the minefield of insurances, including on key risk in CAR, JCT Insurance Options, professional indemnity policies, and pollution.
Final Pre Signature Check
We will ensure all pre-contract negotiations are reflected in the final documentation, by ensuring that all negotiations and pre-contract representations are included in a contract schedule. Pre-contract agreements being left out of the final cut is a common cause of dispute, in our experience.