16 May HOW TO BUILD AN INTEGRATED STRATEGY FOR PROJECT SUCCESS
In engineering and construction, the success of a project is largely determined by the preparation done before breaking ground. Prior to making any commitments, all parties involved should seek expert legal advice, establish their particular risks and draft legally sound contracts.
Before the Contract is Drawn Up
Prior to drafting a contract, legal consultants should review the project parameters and advise clients on the most effective contracting philosophy. Once the contract type has been determined, a thorough commercial and legal risk analysis should be conducted.
The Drafting Process
A well drafted contract is the first step in preventing disputes from arising. Legal experts should be involved in this process to:
- Draft contract documents, either bespoke or based on standard form contracts (such as FIDIC, NEC, GCC and JBCC)
- Draft or review enquiry documents for tenders/proposals
- Review and adjudicate the commercial and legal portions of tenders/proposals
- Draft or review Employer’s Requirements or Works Information documents
With these documents in place, the parties can begin the project on secure legal footing, driven by an effective, integrated strategy.
Once the Project Commences
The role of engineering and construction law consultants does not end once the contracts are signed. Their services should be retained to facilitate workshops and kick-off meetings. This will ensure that all parties involved have thorough knowledge of the details and practical application of the specific contracts. Training should also be held to ensure contract compliance (where required), for example, what is required from the parties in so far as notice provisions are required for a particular project. Should a dispute arise, the expertise of specialist law consultants will become essential.
To learn more about developing a sound contract, and implementing an integrated strategy, CLICK HERE.