Commencing from the pre-contract stage until end of the post-contract
stage, ARCHWAY helps the Employers/Consultants/ Project Managers to administrate the
contracts properly in order to avoid overruns of cost and time as well as to avoid disputes.
ARCHWAY can direct your team to achieve this by peer review of contracts and appraisal of
documentation at the pre-contract stage and through standardization and contract
administration during the post-contract stage and directing for the best course of action.
We can extend our support to your team on full-time, part-time or project basis as and when
needed by means of assigning Quantity Surveyors, Contract Engineers and Commercial Managers.
If you do not intend to deploy a designated resource, but are willing to develop your own
team for the company, we can provide you with ad-hoc support as well. For instance, this
might mean designing and establishing an adequate commercial management system for your
company by means of standardization of procedures and training of your staff.
Inadequate review of contracts and erroneous documentation at the pre-contract stage
can lead
the way to cost and time overruns and disputes during the post-contract stage. Especially,
incompatibility
between the contractual terms and prevailing law of the country can cause common ground for
disputes
between the parties during the post-contract stage. When bespoke conditions of contract are
used, the
obligations and responsibilities shall be fairly distributed between the parties without
passing the
maximum risk down the supply chain.
ARCHWAY’s dual-qualified consultants can provide exhaustive review of contracts and
appraisal of
tender/contract documentation on the Employers’ / Consultants’ / Project Managers’ behalf
before floating
the tenders or before signing the contracts. Such peer review and appraisal of documentation
will make the
terms of contracts compatible with the prevailing laws and ensure that the contract/tender
documents are
error-free.
In order to save time for repetitive tasks and to improve the quality, accuracy and
consistency,
ARCHWAY develops standards form and formats for companies.
For example, Archway can develop formats as per the requirements of the company or the
project for cost
controlling and cost reporting process (CVR and forecasts), which is one of the essential
components in
commercial management process. This will be beneficial in two ways for company – convenient
and up-to-date
monitoring of any cost overruns and informed decision making due to comprehensive reporting.
We can draft terms to be used by contractors, subcontractors and suppliers (order letters,
joint venture
agreements and consortium agreements) to cater to exact requirements. We can assist your
company either by
drafting bespoke contract documents or by selecting the most suitable standard forms of
contract. We will
make sure that the risks are properly apportioned between the parties who are best
positioned to handle
them.
A precise and comprehensive submission always enhances the mutual trust between the parties.
ARCHWAY can
develop for you the checklists and formats for submission of precise and comprehensive
notices, claims
(detailed particulars) and variations. This would be useful to reserve the full
entitlements, avoid
under-recoveries and to enhance the mutual trust between the parties.
It is not unreasonable to say that poor contract administration causes time and cost
overruns in
projects as well as disputes between parties. Contract administration process during the
post-contract
stage consists of securing rights as well as discharging obligations of the parties to the
contract,
change controlling and cost reporting.
ARCHWAY’s dual-qualified consultants are well aware of the contractual and legal obligations
and rights of
the parties to the contracts and, therefore, are well positioned to provide sound advice in
case of
disagreements. We can extend our support in terms of providing contractual advice,
contractual
interpretations, payment certifications, change management and cost controlling / reporting.
ARCHWAY can advise you on the best courses of action in case of an inaction / delay / failure / negligence / breach of contract by the other party. Also, ARCHWAY can advise you upon occurrence of a disagreement/dispute with the other party. Our dual-qualified consultants having thorough knowledge on the contracts and prevailing law of the region can lead you to a successful outcome.