Our Client was a specialist international design and construction contractor employed in the UK under an NEC3 Option C contract for the design and construction (excluding civils) of a new water treatment works using technology new to the UK. Our Client was inexperienced in working in the UK and under NEC forms of contract.
The contractor’s works were delayed and disrupted as a result of delays by the civils’ contractor and delays in provision of design information and other information by the Employer. In addition, as a result of numerous z clauses, there were a number of contractual interpretation issues that were in dispute, including the currency in which payments were to be made, how the Fee applied, and how key dates were dealt with.
It became apparent that key dates would be delayed and that significant painshare would arise, and the Employer had failed to be convinced of entitlement and was threatening damages. In addition, there were issues with a significant subcontract.
We provided all-round support to our Client for 12 months and more, which included assistance and resolution of the following:
As a result of our work, we now support our Client in pre-contract risk assessment and negotiation of NEC terms and conditions for new projects for which they bid in the UK.
TREO is a professional consultancy providing specialist commercial management, project controls, claims management, delay analysis and dispute resolution services to the UK and international engineering and construction industry.
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