Contract Advisory Services Specialists
Total Page：16
File Type：pdf, Size：1020Kb
PREMIER CONSULTANTS INTERNATIONAL Abu Dhabi, UAE Contract Advisory Services Specialists MAY-2015 Office: 502, 5th Floor, RAPCO Building, PO Box 33590, Al Falah Street, Abu Dhabi, U.A.E. Tel: + 971 2 491 2219 Fax: + 971 2 491 2218 Email: [email protected] Web: www.premierci.ae Premier Consultants International Contents 1. Introduction ………………………………………………………………………………………………………….. 3 2. Contracts advice and protection ……………………………………………………………………………. 4 3. Contracts administration ……………………………………………………………………………………….. 5 4. Conflict avoidance ………………………………………………………………………………………………….. 6 5. Claims preparation and defence …………………………………………………………………………….. 7 6. Dispute resolution ………………………………………………………………………………………………….. 8 7. Negotiation management, arbitration and litigation ………………………………………………. 9 8. Planning and programming ……………………………………………………………………………………. 10 9. Benefits ……………………………………………………………………………………………………………….... 11 10. Contact information ………………………………………………………………………………………………...12 Introduction “..committed to success” Premier Consultants International, chaired by Sulieman Nayef, has been operating for over 30 years. Our presence in the Middle East region has expanded considerably in recent years and our client base includes some of the region’s highest profile names. We have involvement in projects throughout the world and we intend to expand our activities within the Middle East region. Our resources and experience enable us to deliver best practice solutions to meet client’s needs and to deal with the demands of the construction boom in the region. We are able to give specialist advice on the following: Contracts advice and protection Contracts administration Conflict avoidance Claims preparation and defence Dispute resolution Negotiation management, arbitration and litigation Planning and programming We understand your needs as a contractor where contractual risks are high and there is a need for specialist support to your project team to minimise contract risk and to enhance contract entitlements. Our service is flexible and adaptable and we can offer dedicated support to enhance your reputation with your clients. 3 Contracts Advice & Protection “..committed to results” Contracts advice is the review and analysis of contract documentation during pre and post contract periods to provide high quality, expert advice and guidance with sound practical and technical solutions to facilitate protection and cost effective solutions for our clients. Our highly qualified and dynamic construction professionals are able to understand both client’s needs and the related substantive and legal issues. The advice provided by our senior consultants in conjunction with the contractor’s management team includes: Advising on optimum contract and subcontract arrangements and preparing tailor made forms of contract and amendments to standard forms. Review of tender or contract documents to identify obligations, liabilities and areas of risk. Advice and opinion on contractual matters arising throughout the contract period. Advice on bonds, warranties, guarantees and insurances. Identifying potential areas of conflict which will require to be addressed throughout the contract. Advising on sub-contracting arrangements to ensure equitable obligations, liabilities and risks reflect the same as the main-contractors. 4 Contracts Administration “..committed to care” We have experience in working closely with contractors on the need for their day to day administration of construction projects from a contractual viewpoint. Strong contract administration is essential to ensure that any entitlement under the contract is preserved. Our advice to the contractor on an informed basis includes: Establishing standard forms for record keeping Ensuring that all matters and correspondence of a contractual nature are responded to in an appropriate manner Interpretation of contract requirements as to notices, pro-forma letters and schedules to ensure strict timescales for submission are complied with Monitoring for delays and their causes to ensure that appropriate contractual action is taken Optimising the valuation of variations and monthly progress reporting Optimising cash flow by the proper analysis and by prioritisation of variations 5 Conflict Avoidance “..committed to our clients” The key issues in conflict avoidance are: Clear identification and allocation of obligations, liabilities and risk Proper management of obligations and making project staff aware of the contract procedures and obligations Effective monitoring and recording of the construction process Early and accurate assessment of exposure to risk Identifying the options available and the effects of those options Calculated decision making Implementation of cost effective solutions PCI are often first involved with a project after a conflict has already occurred. Our experience, from investigating and analysing these conflicts, generally shows that the cause often occurs in the early stages of a project either in allocation of risk, problems in design and ensuing late assessment of variations, loss of control of program or the failure of one or both of the parties to adhere to the contract procedures. Issues of conflict tend to occupy extensive management time, disrupt the construction process and cash flow and may lead to the damaging of business relationships. Conflict avoidance should be a priority issue for all contractors from the very outset of a project and we are able to offer advice and assist in decision making to allow effective avoidance of conflicts. 6 Claims Preparation and Defence “..committed to deliver” Claims tend to arise as a result of change. Change is prevalent within the construction industry due to many tenders being awarded before the design has been completed. Sound and proven contract administration procedures to identify, notify and record events resulting in delay and cost are absolutely essential. We are able to provide, through our highly trained claims specialists, the advice, preparation, submission and subsequent negotiation of claims, including: Extension of time applications Loss and expense applications including loss of overheads and profit, financing charges and disruption costs. Acceleration claims Contentious valuation of variation issues and additional items We are also able to provide: Review of claims and advice as to their enhancement Review of counter claims and advice on implementation for negotiation and concession strategy Review of counter claims and preparation of defence 7 Dispute Resolution “..committed to resolve” Dispute resolution is a costly business with the costs of lawyers, advocates, expert witnesses and tribunal costs. We can explain the procedures and options in simple terms and look at objectives of the avenues and tentative costs involved in dispute resolution. Our services in dispute resolution include but are not limited to: Selection of internationally acclaimed lawyers and arbitrators Advising on and analysing the relative merits of dispute resolution whether by mediation, arbitration or litigation Assisting with the preparation of documents for submission Assisting with requests for providing further and better particulars Assisting in mediation 8 Negotiation Management, Arbitration & Litigation “..committed to value” We have a successful track record in negotiation management within all aspects of the construction process. We provide construction professionals our experience in negotiation management and we are able to advise our clients on the most cost effective methods in the negotiation management process. They are as follows: Preparing and implementing a negotiation and concession strategy Commercial negotiation Negotiation and settlement of accounts Arbitration and litigation Expert witness and court testimony 9 Planning & Programming “..committed to perfection” Premier Consultants International has extensive planning experience which can be provided to assist and support the contractor’s existing planning team. Our services in this field include: Assistance with preparation of the master programme Assistance with preparation of monthly and revised programmes Monitoring progress and identifying delay and disruptive events Research of project documentation to indentify the actual construction process Advise on methodology for delay recovery and acceleration Advice on assessing the inefficiencies of labour and equipment 10 Benefits We believe the benefits of our services include: Total commitment Receipt of full contractual entitlements Increased efficiency and improved margins Protection of your position Flexibility Client care and understanding 11 Contact Information For further information please contact us: Premier Consultants International Office 502, 5th Floor RAPCO Building Al Falah Street (9th) PO Box 33590 Abu Dhabi United Arab Emirates Tel: + 971 2 491 2219 (3 lines) Fax: + 971 2 491 2218 Email: [email protected] Web: www.premierci.com / www.premierci.ae Check out our page on Facebook or why not visit us on LinkedIn: www.linkedin.com/company/premier-consultants-international 12 INDEX No. Company Name Telephone Fax P.O. Box City & Country E-mail WWW Abu Dhabi Maintenance & 1 02-6748440 02-6748445 7404 Abu Dhabi, UAE [email protected] ww.admac.ae Construction Co. L.L.C. 2 ADSO 02-6335549 02-6335573 746 Abu Dhabi, UAE [email protected] www.adco.ae Ahmed Saleh Demolition 3 050-6410910 02-6273636 31700 Abu Dhabi, UAE [email protected] - (ASD) 4 Al Amry Group 02-5556900 02-5548842