PM Proposals Consulting CC

Getting it right before it goes wrong

FIDIC, NEC or client specific— the legal principles and pitfalls remain the same!

Cartoon checklist

Contract / Commercial Conditions

The time to ensure that your contracting conditions with your client are acceptable, is before signing the contract.

If you have however progressed beyond the point of contract signature, there is still work to be done.

Text Box: Review of client proposed conditions / particular / special conditions of contract prior to bid submission stage. Provide a written report containing proposed amendments to client conditions and additional proposed conditions for customer / client consideration.
Review of client conditions / particular / special conditions of contract after contract award stage. Provide a written report highlighting any conflicting / ambiguous / vague clauses identified, with proposed amendments for customer / client consideration. Emphasis will be on limits of liability, penalties and low performance damages.
Review of client conditions / particular / special conditions of contract after contract award stage. Provide a listing / cross reference of core clauses for issue to project management team. This listing will highlight all time bar clauses and the relevant time bar periods. A separate listing / cross reference of specific clauses relating to Contractor’s claim entitlements will be provided where the contract is complex and contains such clauses in different areas of the contract.
Propose clauses / highlight issues to be included in major sub-contract orders / contracts to reduce risk and align sub-contractors obligations with your contractual obligations on a back to back basis.

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