Projects & Transactions

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Overview

Successfully delivering building and construction projects involves analysing the overall project from the outset and then consistently administer the contract from commencement to completion.

ITC provides fixed price tools for analysing and administering construction contracts customised for each project.

Where payment disputes cannot be settled by negotiation, we work with clients to use the relevant Security of Payment (SoP) regime to provide a quick and cost effective outcome.

While ITC’s first priority is always to attempt to resolve any issues commercially and amicably by negotiation, our litigation team will represent you in any court proceedings should it become necessary.

Pre-Project & Due Diligence

In the limited period normally available to prepare tenders, project teams are usually fully occupied in dealing with the practical elements of the project and do not have the time to analyse and interpret the ‘legalese’ increasingly common in construction contracts.

ITC’s lawyers combine practical and legal experience in all types of building and construction projects to assist your project teams with the following:

  • review the terms and conditions of the contract you have been offered
  • identify areas of key contractual risk
  • check all contract documents and their order of precedence, and, where necessary, recommend actions to make sure your tender ‘qualification or clarifications’ will form part of the contract
  • provide you with a ‘plain english’ report recommending either potential amendments to the terms and conditions of the contract or contract administration strategies to address the issues identified
  • negotiate amendments on your behalf where appropriate

You can then overlay your current commercial imperatives and market conditions to decide whether the cost of preparing a tender is justifiable.

Documentation

In light of the increasing complexity of current construction contracts it is now more important than ever that all agreements are clearly and comprehensively reduced to writing.

Proper documentation by all parties involved in any construction project will avoid unnecessary disputes and contribute to ensure a successful project outcome.

This includes:

  • a properly prepared formal agreement
  • amended terms and conditions of the contract
  • appropriately completed annexures/contract particulars
  • clause specific notices and claims to ensure all relevant entitlements are recovered
  • pro-forma payment claims and payment schedules to ensure compliance with the changing requirements of each individual state’s SoP regime

Project Administration

Successful project delivery requires consistent and regular administration of the contract.

To overcome that potential shortfall in resources, ITC provides a project specific program of Interactive Contract Administration which:

  • is customised to respond to the particular contract terms and conditions of each project
  • is designed to be used in conjunction with your site diary to address the daily ‘administrative requirements’ necessary for compliance and to preserve entitlements on a daily basis
  • will assist project managers, contract administrators & site managers to quickly and easily complete and issue the various notices and claims necessary during the course of the project
  • includes clear identification of all timing requirements
  • uses interactive ‘flowcharts’ specifically addressing the key contractual elements which link to pro-forma notices and claims responding to the contractual obligations

Dispute Resolution & Project Completion

ITC’s experience and knowledge is used to deliver an objective perspective and remove as much of the emotion as possible from the ‘issues’ that commonly arise in construction projects.

Once the true nature of the issue is properly identified we then work with you to:

  • collaborate with your project team to obtain and prepare the factual material necessary to display your position in the best possible light
  • develop and implement objective strategies to work towards an amicable negotiated resolution wherever possible
  • prepare and make an adjudication application under the relevant SoP regime
  • prepare and serve the notices necessary to engage the ‘dispute mechanism’ available under the contract
  • prepare and present the formal submissions to the relevant expert, mediator or arbitrator to reach a satisfactory resolution
  • commence proceedings in the local, district or supreme court as necessary and call on our working relationships with a pool of barristers ranging from juniors through to Queens Counsel and Special Counsel whom specialise in construction law to provide the appropriate level of advocacy skills for the particular court

ITC provides guaranteed fixed price management tools to complement and extend your project team’s practical skills