Contractors

​During tenders, we provide:

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• project managers and estimators to assist with crew build-ups, pricing, project execution plans and method statements

• commercial managers with experience of change and claim management to identify risks and opportunities within the contract, specifications and scope of works and prepare pre-tender reports

• advice on holdback, bonds, parent company guarantees, letters of credit and impact on cashflow

• measurement from drawings and compilation of bills of quantities

• preparation of sub-contract enquiry packages and management of sub-contract tender packages and processes

• support in post-tender interviews including negotiations of terms and final contract price

​Post Award - during mobilization period and beyond, we provide:

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• a review of the final contract documents to clarify risks and opportunities and identify management and administration procedures that must be followed including:

  • payment procedures and supporting data and documentation

  • change management, in particular notice provisions which, if not followed could result in a loss of entitlement (condition precedent) to payment and extension of time

  • work schedule management and reporting requirements, progress capture and reporting, including the impact of change

• briefing of the management team to ensure they are fully aware of what is required to ensure commercial success for the project

• advising on the best ways to avoid disputes

During implementation, we provide:

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• project managers and engineers to prepare project executions plans and method statements

• commercial managers from day one to identify change during the start-up / mobilisation phase when contractors’ personnel are occupied getting the project started

• subcontracts managers to prepare subcontract packages for tender, to review submitted bids, prepare subcontracts and then manage payments and change during the progress of the Work

• continued commercial support including project controls, coding change, producing LEMS, notifying and valuing CORNs/Change

• Progress Chasers to ensure forward progress is accurately recorded and verified by Client

• Work Schedule / Planning support to progress the Work Schedule and demonstrate the impact of Change on the Work Schedule, crews, sequence of Work and Completion

• Preparation of detailed submissions in support of major Changes which may then form the claims documentation supporting a dispute

Claims Preparation - during or after construction.

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• When projects are not giving the expected returns, or management and payment of Change is protracted and impacting cash flow, ProFacto can advise on the best way to maximise income

• We review the contract documentation, correspondence, work schedule, forward progress, productivity and Changes to understand the reasons for the problems to identify the best way forward.

• We provide claims experts to assist the contractor’s team (or manage specific tasks) to ensure that contractors’ entitlement are correctly identified, notified and submitted to the Client

• We carry out forensic analysis of costs and the work schedule to identify the impact of Change and demonstrate this effectively to the Client. If the documentation is persuasive, then matters are more likely to be settled by negotiation.

• We prepare full documentation packages with evidential support for Change and Claims including impacted work schedules, costs, and impact on Completion Date and overheads (indirects

Disputes

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• ProFacto works closely with contractor’s lawyers in the run up to disputes to ensure the correct notices are given and that the processes set out in the contract are followed.

• ProFacto has worked on Mediations, Adjudications and Arbitrations and each dispute mechanism requires a different approach. The claims documentation prepared by ProFacto will generally form the base documentation around which any dispute will be centered.

• With mediation it is important for contractors to know their bottom line. Mediation involves compromise and the Client holds the purse strings. In jurisdictions where adjudication is an option for dispute resolution, ProFacto considers this would be preferable.

• Adjudication has been available in UK since 1996 and was introduced by the Housing Grants, Construction and Regeneration Act (Construction Act). It has now been introduced into Ontario, Canada and Bills have been introduced in a number of other Provinces.

• Adjudication provides a quick dispute procedure, with results in four to eight weeks. An adjudicators’ decision is an interim award that is implemented pending a further challenge in the courts or through Arbitration. The benefit of decisions within the life of the project is that it does not halt the progress of work. In the majority of cases, the adjudicator’s decision is not challenged, and the matter is closed.

• For adjudication, the lawyers will generally take the claims prepared by ProFacto and prepare the Notice of Adjudication which will include details of the claims being made, relying heavily on the documentation provided. It is usually the lawyers who will manage the adjudication process.

• If matters progress to arbitration or the courts, it is the lawyers who manage the process and prepare the papers, with ProFacto providing the support documentation. ProFacto works closely with the lawyers, reviewing the documents prepared to ensure statements made are correct and factually supported.

• Depending on how and when ProFacto is instructed to work on claims, it may be necessary for contractors to engage independent Experts in support of disputes heading to Arbitration or the Courts.