Services

Techno Legal Consultancy

♦ Preparation of Construction Claims.
♦ Dealing with Contractual Correspondence.
♦ Proposals for Extension of Time.
♦ Addressing Change of Scope.
♦ Legal Drafting and Vetting of Documents.
♦ Costing and Estimations for Value Addition.

These Techno-Legal services vary from Contract review to the settlement of Disputes for Construction Claims. We resolve them; that can have a major impact on the company and the relevant project’s Bottom Line. For instance, by using Contract Administration tactics along with tactics of fast-track Construction, we have succeeded in securing 15 % of Claims, realized in books of accounts and created a Turn Around on India’s First Access Controlled Expressway project.

We have the expertise to help, manage and overcome the diverse challenges the Construction and Infrastructure Industry deals every day. Our strong experience touches on all areas including Pre-Construction Planning, Bid-Packaging, Contract drafting, Claim’s preparation, Arbitration and Litigation.

We also provide our expertise in drafting all kinds of Contracts with all Stakeholders of the Project, Techno-Legal Agreements including various kind of Scope & Services. Our Professional Contract Management Services boost confidence, knowledge and guarantee that projects are completed successfully while retaining their Bottom Line. Our Legal Associates accurately identify potential problems, recommend the appropriate route and then advise the correct contract strategy to ensure the project meets or exceeds the intended objectives. We work closely with our clients to make sure that timely decisions are made correctly and implemented to the benefit of the Project and its Stakeholders.

Services Undertaken

♦ Contractual Advice and Contract Administration Services
♦ Contract Drafting and Review, Risk Analysis, Mitigation measures, Pre-Tender and Post – Tender Services
♦ Documentation & Correspondence
♦ Due Diligence Studies & Analysis
♦ Cost Management, IRR and Cash Flow Computation
♦ Variations and Change Management
♦ Value Engineering
♦ Co-ordination for Arbitration, Conciliation and all related legal matters

Our services include a standard work plan to provide analysis on Engineering and Construction Claims including Expert Testimony Services. Our task assignments are dependent on the work already performed by our client, the availability of project documentation, the issues in dispute and the timing of required work products that are defined by the Arbitration / Litigation schedule. The services we offer for Claims Analysis and Dispute Resolution are outlined below:

♦ Requests for Equitable Contract Adjustments / Claims Documents / Expert Reports
♦ Expert reports pertaining to our analysis and Defense against Claims
♦ Program / Schedule analysis to quantify Delay, Time Extension etc.
♦ Quantification of Direct and Indirect Damages including Delay and Loss of Productivity.
♦ Graphics and Multimedia Presentations in support of Negotiations and Expert Testimony
♦ Computerized Document Database, Internet Document Repository, Retrieval etc.
♦ Expert Association for Testimony in Mediation, Arbitration, Litigation, or ADR Forums
♦ Independent, Third-Party Neutral Analysis of Claims / Facilitation of Settlement

Techno Legal Consultancy

Ques: Is your team size insufficient for handling Claims and Arbitration?

   
   
   

Ques: In the past 5 years, have you faced any challenges on continuity of Key Staff for Claims and Arbitration?

   
   
   

Ques: Documentation control is the key for claims. Do you have key persons or software’s available to locate real time documents for reference?

   
   
   

Ques: Do you have Contract Manager working parallel with Project Manager on the project site?

   
   
   

Ques: Have your served sufficient notices for all your demands, dues and claims?

   
   
   

Ques: Are you fully aware of the correspondence between Independent Engineer and Authority / Employer?

   
   
   

Ques: Is your team size insufficient for handling Claims and Arbitration?

   
   
   

More Questions: (Techno Legal Consultancy)

Ques: Do you have enough staff onboard since 5 continuous years who are well versed with correspondence on projects since the start or Tendering stage?

   
   
   

Ques: Is your “Change of Scope” proposal pending for approval since a long time?

   
   
   

Ques: Is your “Extension of Time” not yet approved?

   
   
   

Ques: Are you sure that you have exhausted all prospective claims which have eroded your margins?

   
   
   

Ques: Are you fully aware of the correspondence between Independent Engineer and Authority / Employer?

   
   
   

Ques: Do you have the complete set of Tender documents, Signed Agreements, Financial documents etc?

   
   
   

Ques: Do you have all the Monthly Progress Reports?

   
   
   

Ques: Do you have all the Monthly Inspection Reports submitted to Authority/Employer?

   
   
   

Ques: Do you have all the details available on Concurrent and Non-Concurrent delays?

   
   
   

Ques: Are your Quantity Surveyors and Planning Managers fully and continuously devoted to the project without gaps?

   
   
   

Ques: Have you built records/evidence on approval of Design and Drawings including permission and approvals when it comes to close co-ordination?

   
   
   

Ques: Are you in possession of DPR – Detailed Project Report / Feasibility Report at the Tender stage, including its approvals?

   
   
   

Rate Card

  1. Study of old critical correspondence, preparation of index and analysis etc.: – Per Project per Year Rs. 81,000.
  2. Drafting and advising on critical correspondence pertaining to EOT, Delay in payments, COS, Liquidated Damages, MPR’s, Escalation/Price Adjustment as Variations, Design and Drawings, Planning, Utility Shifting and Tree felling, Land Acquisition, Maintenance etc.: – Per Project per Month Rs. 81,000
  3. Estimation of related works viz. COS proposals, Cost-to-Complete etc.: – To be discussed.

Note – All these rates are standard just for an idea – meant for a specific size of the project and the rates can be discussed after exactly looking at the assignment, time frame etc. (GST will be charged as applicable).

Documents Requirement

  1. Contract Agreement
  2. Tender Documents
  3. Supplementary Agreement (if any)
  4. Correspondence etc.
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