Construction Firms, Subcontractors and Suppliers

Our Sevices Include:

• Secondment of commercial staff including project specific quantity surveyors for short, medium or long term
• Assistant with preparation, negotiation and settlement of variation and final accounts
• Preparation of claims for extension of time and loss and expense
• Dispute avoidance and resolution advice (one hour’s consultation is offered free of charge to clients who consider they are in dispute)
• Preparation of referral and defence documentation in respect of adjudication
• In-house training

Negotiation, Risk and Contract Documentation

The importance of negotiating the right terms of a contract at the outset of each project is paramount, ensuring that the best possible commercial benefits are gained, not lost, during this phase. Our consultants are dual-qualified in quantity surveying and project management and law, giving our clients the advantage of having professionals with hands-on experience in a wide range of construction and engineering projects from inception to completion. We set out to ensure that our clients have the right contract documentation for the specific needs of the project, that contractual risks are appropriately apportioned, that design and systems and processes for efficient programme delivery are in place, and that staff are trained and mentored to use it correctly in order to protect and enhance their commercial position.

Our consultants are fully conversant with most forms of contract, including NEC, FIDIC, NZ3910 and other current forms. We also have global experience with PPP and PFI projects, which are becoming more popular here in New Zealand. Our knowledge and expertise ensure that the most suitable form of contract is applied to each particular project. This is necessary to ensure that our client obtains the best value for each project and programme and financial risks are minimised.

Our consultants understand that each client demands a different approach depending on some factors, including:

• Funding body constraints and limitations
• Political and socio-economic factors
• Environmental constraints
• Third party requirements
• Individual project requirements

In some cases, it is necessary to draft bespoke documentation which deals with all the parameters and deliverables of each project. Our experienced individuals can recognise these and adopt a format that is all encompassing and meets the needs of the client and the end user. We realise that it is not always appropriate to use standard forms and produce a schedule of special conditions – our experience is that this more often leads to ambiguity and confusion.

Past and current clients include:

• Auckland City Council
• Vero Insurance
• NZTA
• Network Rail UK
• London Underground UK
• Department of Transport UK
• Auckland CGB
• Contractors NZ and UK

Transportation projects include:

• Network Rail UK
• Christchurch Recovery and Rebuild programmes
• Auckland CBD Shared Space Streetscape Development
• Central Connector Project

Procurement Advice and Assistance

Inadequate procurement processes and poorly drafted construction contracts can derail any project, leading to added expense, programme delays, and disputes. Our consultants have considerable experience advising on a range of large-scale joint venture projects and complex procurement structures. We have a wealth of experience with standard form and bespoke documentation, both in New Zealand and overseas.

With this broad knowledge and expertise, we can provide procurement strategy and contract advice to:

• Central and local government
• Consultants
• Contractors
• Developers
• Other public sector bodies

Our background in both commercial and construction related matters enables us to provide complete procurement strategy and delivery as well as advice and recommendations including development of processes that will ensure commercial procedures are adhered to and implemented, monitored and retained. This includes training project staff to ensure delivery. We understand the importance of the need to utilise local resources to the project we are involved with and, only where a service cannot be obtained locally, would we seek alternative suppliers of that service. This attitude to procurement strategy ensures that local communities benefit from work within their own communities. Our consultants advise and ensure that this policy is adopted right across the project from client to subcontractor.

We believe that cost is a significant factor in any procurement strategy, however, service and ability to meet all the demands of a project is also of paramount importance. Our consultants have considerable hands on experience of the procurement process including dealing day to day with suppliers and contractors to gain knowledge of best value and service. Health and safety at work is also of utmost importance and compliance with legislation and best practice guidance is also an integral part of scrutinising each supplier and subcontractor during the procurement process. The threat of insolvency is always a key driver during the vetting of contractors and suppliers. Too often in recent times, programmes have suffered prolongation and increased costs due to subcontractors and suppliers becoming insolvent during the course of the works. The risk of this can be minimised by proper checks during the procurement evaluation stage.

Relevant experience includes:

• Power Supply Upgrade Network Rail, UK
• Central Connector Project Auckland
• Christchurch Recovery Programme
• Christchurch Rebuild and Category 3 Works
• Waikato Hospital New Clinical Centre
• Britomart East 1 & 2
• Westminster & Chelsea Hospital London
• Whittington Hospital, London