We provide pre-contract audits to identify standard terms and conditions and suggest amendments that transfer or re-assign high or unnecessary risks.
Our technico-legal expertise and on-site experience allow us to interpret, analyse and provide contract recommendations across different areas such as rights, liabilities, duties, scope and risk allocation under Australian Standard Contracts (AS4000 and AS2124 Series), Australian Building Industry Contracts (ABIC), Master Builders Association (MBA), Security of Payments Act compliance as well as FIDIC, JCT & NEC4 standard contracts.
We develop contract administration templates and flowcharts to assist your team manage the project within the confines of the contract.
We also provide advice on the drafting of notices of scope changes, and procedures to deal with time-bar and other contract clauses preventing recovery, thereby reducing the possibility of the barring of a just claim.
We often draft correspondence to preserve rights under the contract, prepare or answer Letters of Demand and prepare fully substantiated Payment Claims or Payment Schedules.
The root causes of troubled projects tend to be centred in project management focusing on execution and delivery 'trying to get the work done and please the client' , and poor contract and financial control.
We have seen many projects where the site team 'has an understanding' with the client's site team, only to find on completion that both teams have been demobilised and lawyers move in.
We assist clients to manage the contract preserving all rights to reimbursement, update the schedule and make recommendations for record keeping, change management and prevent financial loss.
We conduct a thorough contract analysis identifying the key terms and conditions in the contract and review the drawings, technical specifications and site records to determine the cause, effect and merit of any claim.
Our written claims consist of plain English narratives, relevant cost and CPM delay analyses and the requisite referenced evidence files.
We will also determine the need for affidavits and expert reports to ensure that claims are able to withstand any scrutiny in court.
When delays do occur, we analyse the baseline schedule and progress updates to develop prospective and retrospective windows and time-impact analysis. We determine delays, concurrent delays, apportionment, and liability.
We calculate labor and productivity rates using earned values or measured mile methods to determine the exact quantum of disruption claims.
Our claim documents present delay and disruption data in particularised and auditable format.
We are experienced acting for our clients in formal and informal dispute proceedings, and regularly brief counsel and barristers.
We also provide independent expert evidence and opinion under cross-examination.
We have extensive knowledge of the application of contract management and alternative dispute resolution methods and procedures, including Engineer’s Determinations, Amicable Settlement Facilitation (Conciliation), and acting on formal Litigation proceedings.
Fast-track projects leave a trail of defects, some deep underground where they are impossible to rectify.
Our consultants provide technical and legal advise on the treatment of rectifiable and un-rectifiable defects, insurance, owner or contractor self-insurance, and even decennial insurance.
CCALC professionals have managed arbitration proceedings on behalf of our public and private sector projects clients.
Our services include the drafting of arbitration guidelines, appointment of arbiters, selecting external counsel and managing the arbitration process.