Training and Coaching
The tips, techniques and systems you need to avoid problems and resolve commercial issues before they turn into disputes.
Recent sessions have dealt with the following:
The different stages of a tender - including a review of contract clauses.
Setting up a commercial management strategy - ensuring you have the right records
Successful change management - doing what it says in the contract
Dispute avoidance - resolving issues quickly
Whether it’s coaching on a particular issue or a series of workshops, these sessions are bespoke and tailored to your company’s needs.
Contract Mobilisation
Once the contract is signed, you need to have commercial systems in place before mobilising to site. You need to have processes in place that allow you to make informed decisions.
This means understanding what is in your scope of works and, just as important, what is not your responsibility. This training includes setting up a budget and a construction programme.
Records are an essential part of the process, knowing what needs to be written down. Also, we will go through risks and opportunities. This includes empowering your team to identify and communicate issues.
It is essential to issue notifications in accordance with your contract. We will also look at the pricing of variations, knowing what to include in your quotations. There is also a section on issuing applications correctly to make sure you get paid.
Dispute Avoidance
The way we recommend avoiding disputes is by reaching agreement without jeopardising business relations.
Disputes can cost your business substantial amounts of money. They can also destroy business relationships and brand reputations. We recommend collaborative working and the use of early intervention techniques to resolve issues before they become disputes.
Contracts should be drafted simply with risks fairly distributed. The parties should identify and communicate problems early and work together to find solutions. Early warnings and updated programmes should be used to manage project risks.
The parties should aim to resolve issues between themselves without resorting to formal dispute resolution.
Contract Reviews
Many commercial issues arise when you sign a contract that hasn’t been reviewed.
We take a pragmatic approach whilst ensuring you understand the risks involved in the proposed contract. It may be a standard form of contract, where the risks have been split evenly. But the standard form may be heavily amended, intended to transfer risks onto your company.
These are some important considerations:
The payment terms need to ensure that your cash flows in when required.
There may be a liquidated damages clause where the client wishes to deduct substantial sums if you are late.
Variation clauses may leave you with limited opportunities to recover the cost of additional work.
Limits of liability provisions need to be in place to protect your business.
We will review the contract and then help you through the negotiation process. This is critical if you intend to work with a new client, as much is revealed when you discuss the contract.
