Over the coming weeks, you are likely to encounter site closures with resulting commercial and contractual issues. Contractors will seek to recover time and costs associated with these delays, so understanding your contractual position is therefore crucial. This is where BWP can help, by providing expert advice and guidance on contractual and commercial risks of live and future projects caused by the pandemic.
BWP can provide a ‘deep dive’ to review and advise you on:
The contractual provisions within your current contracts (particularly relating to force majeure clauses) along with your commercial/financial exposure Your insurance cover and any bonds that may be in place. We can provide legal advice to assist managing responses to any forthcoming claims that may arise and their validity.
Offer strategic advice to assist with the ongoing management of projects, including re-cutting programmes to mitigate delays, re-tendering or procurement of works, understanding and testing the robustness of the supply chain and valuing of works completed to date against contract sums, to ensure over-claiming is not undertaken to cover delay costs.
Other service offerings from BWP construction consultancy professionals include advice on:
• Recording of delays, costs and programme information
• Issue of required certification or notices
• Advice relating to potential contract termination if appropriate
• Clarity relating to current Government advice and the impact/implication of this on your projects
• Consensual agreement with contractors regarding how projects will cease works, record progress and methods for re-mobilisation and close out
For future projects we can provide advice relating to contractual provisions, ensuring the correct amendments to contracts are made to protect you as our client, as well as ensuring the correct insurances and levels of insurance are included with the current situation in mind.
Other considerations we can input into include:
• Procurement advice
• Main and sub-contractor selection
• Provision of robust contract documentation
• Advice around deferment of projects and inflationary cost issues that may require consideration
It is imperative, in these difficult times, that you understand your current and future commitments and the impact of the pandemic on all facets of your projects. The above list is not exhaustive, so we would welcome the opportunity to talk to you in further detail in relation to your projects, and the advice we can provide.