PROJECT / CONTRACT ISSUE MANAGEMENT & SOLUTION

The very nature of engineering and construction process itself is complex, risky and various unforeseen circumstances can arise during the life cycle of an engineering and construction project. Delay and disruption is likely to occur in any construction project, whether small or large, simple or complex, and is considered to be the main cause behind majority of the engineering and construction industry disputes. Construction suffers more contractual disputes than any other industry and in turn is adversely affecting the performance of the industry. Parties often get embroiled in long and treacherous disputes by failing to deal with delay, disruption, project issues effectively and timeously.

We use scientific analytical methods and pragmatic approach to accurately evaluate and succinctly document the cause, liability and impact of issue(s) or event(s) affecting key project objectives (time, cost, scope, quality and performance).

We have dealt with and successfully resolved complex techno-legal, project and contractual issues / events caused by changes, variations, modifications, deficiency, ambiguity, delay and / or disruption affecting the critical areas of Engineering & Construction (E&C) and Engineering-Procurement-Construction (EPC) projects. We are proficient in providing techno-legal assistance to resolve the following type of issues:

Engineering / Design Issues
  • Conceptual Design
  • Basic Engineering
  • Front End Engineering and Design (FEED)
  • Rely Upon Information
  • Design Responsibility
  • Fitness for Purpose
  • Design Standards and Codes
  • Design Drawings
  • Detailed Engineering
  • Discipline Engineering
  • Shop Drawings
  • Preferential Engineering
  • Negligent / Deficient Design
  • Performance Specifications
  • Equipment Specifications
  • Metallurgy and Materials of Construction
  • Delayed Drawings / Submittals, Approvals
Project Management / Planning Issues
  • Project Implementation and Mobilisation
  • Commencement Delays
  • Temporary Facilities / Construction Plant
  • Project Scheduling and Programming
  • Schedule Logic Inaccuracies
  • Re-scheduling / Non-sequential Working
  • Resource Shortage
  • Work Front Availability
  • Delay Analysis Methodology
  • Float Ownership
  • Schedule Acceleration
  • Constructive Acceleration
  • Delay Mitigation
  • Concurrent Delay
  • Functional and Literal Concurrency
  • Delay Apportionment
  • Pacing Delay
Procurement / Construction / Commissioning Issues
  • Vendor / Supplier Delays
  • Customs Clearance, Transportation and Site Delivery
  • Owner Supplied Materials
  • Off-site / On-site Fabrication
  • Site Access
  • Right of Way
  • Site Enabling Works
  • Differing Site Conditions
  • Unforeseeable Physical Conditions
  • Geotechnical Complications
  • Construction
  • Erection / Installation
  • Offshore Construction / Installation
  • Civil, Structural, Mechanical, HVAC, Piping Works
  • Electrical, Instrumentation & Control Systems
  • Module Fabrication and Lifting
  • Weather Window
  • Civil, Structural, Mechanical, HVAC, Piping Works
  • Electrical, Instrumentation & Control Systems
  • Interfacing
  • Pre-commissioning
  • Testing and Commissioning
  • Plant / Facility Performance Testing
Contractual / Legal Issues
  • Breach of Contract
  • Contract Administration
  • Implied Terms
  • Assignment Agreement
  • Changes in Laws & Regulations
  • Ambiguity
  • Estoppel
  • Impossibility / Impracticability of Performance
  • Buildability
  • Notices
  • Time Bar Provisions
  • Scope Creep
  • Delays Caused by Statutory Authorities
  • Disputed Variations
  • Force Majeure / Adverse Climatic Conditions
  • Nominated Subcontractors
  • Third-party Contractors
  • Delayed Payments
  • Suspension / Stoppage of Works
  • Extension of Time
  • Damages
  • Cost Escalation
  • Delay Liquidated Damages (DLD's)
  • Performance Liquidated Damages (PLD's)
  • Limitations on Liability
  • Consequential Loss
  • Process Guarantees
  • Performance Guarantees
  • Defects Liability
  • Decennial Liability
  • Taking Over and Termination of Contract