Forensics Services.
Construction crisis consulting services for MENA giga projects.
Conditions of Contract Analysis.
There are numerous standard conditions of contract published by international bodies for the various types of contract – for example Build-Operate and Transfer (BOT), Engineering Procurement and Construction (EPC), Design-Build, or Design-Bid-Build – and for the various forms of contract, for example: Lump Sum, Cost Plus with Guaranteed Maximum Price, Re-measured Contract, or a contract on a Cost-Plus basis.
Conversely, government entities have developed their own forms of contract, usually inspired by a standard form.
However, it is not unusual for standard conditions of contract to be heavily modified by Employers. Amendment to standard conditions of contract should be restricted to those clauses to which reference is made in the conditions of particular application or the special conditions.
Modification to standard conditions results in an imbalance distribution of risks. Additionally, in these circumstances, conflict over the interpretation of interrelated clauses is certain to ensue.
CMA will carry out an analysis of the Conditions of Contract during the tender phase to identify onerous clauses, contradictions, duplications, and making recommendations for reasonable interpretation, in addition to identification of important obligations that have been improperly allocated under various clauses.
Get conditions of contract analysis support.
Sometimes contractors, project owners and developers run into highly specific problems on their projects that require outside expertise for a few weeks or months.
They call on us for short term support in conditions of contract analysis, as well as other areas including measurement disputes, construction methods, engineering delay analysis, specifications interpretation, cost to completion.
If you would like to learn more about how CMA partners with contractors, project owners and developers for leadership support on MENA giga projects in crisis, please book a meeting.