Services Include the following:
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Review, advise and negotiate proposed Contract terms and amendments, including JCT, NEC, or bespoke agreements
Provide support with Contract obligations including issue of any required notices
Review Contractual issues and propose a route to resolution
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Preparation and / or review of Payment Applications
Assessment of Payment Applications and issue Payment Notices and / or Payless Notices
Cashflow forecasting
Advise on Non or Late Payments
Retention / Contra Charge issues
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Produce and / or Assess Final Accounts
Value and / or Assess Variations and Changes to the Contract Scope
Provide Support with Change Control Procedures
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Advise regarding procurement strategy
Prepare and issue tender enquiries
Review and appraise tender returns
Review and Advise on Value Engineering Options
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Prepare and / or review Claims for Extensions of Time and / or Loss & Expense, including issue of relevant notices
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Review and advise on the resolution of potential disputes. Methods will include negotiation, conciliation, mediation (see next tab), and adjudication.
Whilst the first 3 options above should always be the favoured route to resolving a dispute, this may not always be possible.
Generally parties to a construction contract have a contractual and / or statutory right to refer a dispute to adjudication. Note there are exceptions so this entitlement would need to be confirmed.
Please get in touch to discuss and review options to progress and resolve a dispute.
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As a RICS Registered Expert Witness, Director Richard Hull can take instructions to produce Expert Reports in matters of quantity surveying and contract administration.
The overriding duty of an Expert Witness is to the tribunal which the evidence is to be given, setting out all facts fully and giving truthful, impartial and independent opinions that cover all relevant matters.
The Expert Report needs to comply with all requirements included within the RICS Practice Statement for Surveyors acting as Expert Witnesses, and the relevant tribunal rules i.e. Civil Procedure Rules Part 35
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Mediation is proven to be an effective way of resolving disputes.
Richard Hull, Director of QS & Commercial is included on the Register of RICS Accredited Mediators.
Benefits of Mediation include:
• Cost effective / quick process (compared with adjudication, arbitration, litigation)
• Avoids resources becoming entrenched in a lengthy legal process
• Potential for a bespoke commercial settlement to be achieved tailored to the needs of both parties
• Confidentiality, with the process conducted on a without prejudice basis
• Potential to maintain working relationships
• Can be conducted remotely or in person
• Using an evaluative mediator experienced within the area of dispute will assist the parties in reaching an acceptable commercial settlement, whilst importantly not imposing or determining what either party should ultimately decide.
Please contact us to discuss how we can assist.
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Preparation of feasibility cost appraisals through to detailed cost plans / estimates based on current cost information / rates
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Assess the commercial performance of project(s) through cost reporting (cost value reconciliation / cost to complete / prelims budgets etc.)
Review other project commercial aspects including procurement, subcontract orders, change control, risks and opportunities etc.
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Prepare / review or advise regarding commercial procedures to enhance commercial performance