Contractor Services.
Continuous consulting support for contractor leadership teams.
Contract Management.
Contracts are the most difficult part of managing a project. While their spirit is about defining things with certainty, they are always filled with grey areas.
When construction starts, conflicts between contract documents begin to surface, especially if they weren’t scrutinized during the tender phase. The Employer invokes the doctrine of patent ambiguity, while the Contractor seeks refuge under the contra proferentem rule. Claims ensue.
Measurement rules are frequently missing, providing fertile ground for a dispute. The Engineer’s emotions are aroused, judgement is clouded, discretion is abused, and the claim is rejected, with justice thrown into the wind.
A claim is frequently rejected due to a technicality such as time limits and notice requirements. The Engineer asserts the claim was advanced by the Contractor to craft a negotiating position. Lengthy letters are exchanged, with each side thinking that it must be the last to write to prevail on an issue. Argumentative letters only produce confrontational responses.
Meanwhile, the bankers want to see the cash flow projection to make sure that the cash generated by the project is sufficient to pay off the debt along with its interest.
These are just a few of the issues in managing contracts, and require deep construction and management experience to navigate. CMA has saved contractors millions of dollars and years of delays with industry-leading contract management services.
Get a full service contract management partner for your project.
Contractors call on us to partner with them to ensure that the project is being administered in an equitable manner in contract management, as well as other areas including design-build management, tender management, planning management, claims management, disputes management.
If you would like to learn more about how CMA partners with contractors as a full service partner for continuous leadership support, please book a meeting.