Within any project but also within outsourced routine maintenance activities, we discern four stages: pre contract, contract, post contract and settlement.
Achieving objectives in Contract Strategy & Commercial Procedures, Contractual Entitlements & Dispute Settlements that is what ijContractSolutions offers. We rigorously maintain our standards in supporting our clients from pre-contract preparation (i.e. pre contract phase), tendering, procurement and preparation of all required contract documents (i.e. the contract phase) through the build or execution phase and managing change right through to completion (i.e. the post contract phase) and subsequently to the agreement of the final accounts (i.e. settlement).
To the success of any project it is essential that proper contractual and financial controls are exercised and maintained from the earliest stage, investigating all aspects concerned. During the briefing meeting ijContractSolutions identifies your requirements. With focus on safety, quality, schedule and costs, ijContractSolutions will, together with your engineers, research and/or investigate for:
- Identifying, outlining and analysing the scope of work
- Identifying current methods and systems used
- Analysing expenditure
- Identifying, outlining and analysing the scope of work
- Determining contract strategy and change control
- Estimating project cost-budget
and presents the results in its initial report.
The diagram below gives an indication on the type of contract depending on the available information and the perceived risks. ijContractSolutions will assist through the ultimate objective of base line certainty and advises in:
- Commercial & Contract Management
- Quantity Surveying & Cost Engineering
- Feasibility studies
- Examination and risk assessment
- Formatting of policy and procedures
- Project strategy
- Drafting of tender documents
- Obtaining and evaluating of pre-qualification and tenders
- Suitable contractual arrangements and incentive mechanisms
- Pre-contract negotiations, drafting of agreements
To achieve the set targets in accordance with your requirements it is necessary to establish the necessary procedures to ensure that the project objectives reflect your requirements.
In preparing robust and incentivised contract documents, ijContractSolutions starts with:
- drafting contract documentation (contract particulars, schedule of rates and other specifications);
- obtaining tenders (interview contractors, issue tender documents, prepare a tender evaluation model) and ends with
- evaluating received tenders (by applying tender rates and percentages to the evaluation model, analysing the result).
As a trusted advisor ijContractSolutions can assist in the contract negotiations. As an impartial, experienced third party ijContractSolutions can represent your company regarding:
- Commercial & contract management
- Quantity surveying & cost engineering
- Contract strategy & commercial procedures
- Risk analysis and change control
- Value engineering
- Overall contract negotiations
And advice and prepare:
- Consistent contract documents
- Compatible subcontracts or agreements
- The control of change to scope of work
- General and specific conditions of the contract
- Contractual notices
- The definition & outlining of responsibilities
- The evaluation & selection of contractors
- An incentive mechanism & audit procedures
- The incorporation of agreed method of measurements
Fundamental to the success of all contracts is proper financial and contractual control. ijContractSolutions offers services to minimise expenditure and maximise value via project control mechanism incorporated within the contract documents.
The start of the project is in fact the final stage of the implementation of the contracts prepared. Herein ijContractSolutions briefs all parties included in the project by organizing seminars and workshops for your team and the contractor’s personnel, writes procedural notes and introduces the role and support of ijContractSolutions. As long as the project lasts ijContractSolutions can handle all operational activities:
- Issue of work instructions
- Preparation, verification and valuation of received certificates and/or invoices
- Preparation and submission of claims for additional entitlement
- Valuate submitted claims
- Authorisation of monthly payments, management reports and analysis
- Monitoring progress and performance of the execution of the contract
- Liaise in regular meetings with your management and give experienced feedback to ‘fine-tune’ operation through performance reports
Every project has its own specific conditions and parameters, specified in the contract. These are described as accurately as possible to cover every possible situation. It is however practically impossible to deal with every hypothetical situation that may arise. For this reason it is understandable that during project execution, changes may have to be dealt with. Amendments to the contract, whether it is a change in scope or time to completion, will almost inevitably result in potential claims. The decision as to who covers these costs can only be found in reaching a solution through discussion with all parties involved.
Any party to a contract can claim their contractual entitlements and subsequent additional costs as a result. These claims are mostly entirely the result of ambiguous contractual conditions, misinterpretations, changes to the scope of work, disruptions, delays and/or any other non-conforming activities by one or more of the contracting parties.
In order to reduce or even to avoid costly legal and commercial disputes, ijContractSolutions shares its excessive experience in preventative and project oriented claim management and administration, through:
- Preparation and negotiating of final accounts
- Claim & Alternative Dispute Resolution
- Providing advice relating to dispute avoidance
- Drafting, preparation and submission of effective claims
- Advising with respect to impending claim situations
- Claims defence – review – contractual/technical/financial validity
- Conciliation, whereby the parties involved enter into a voluntary process in order to resolve differences
- Mediation, whereby the parties involved voluntary meet via structured meetings that adhere to a timetable