The range and type of services that EIA are able to provide Employer/Client organisations and consultants include the following:
- Selection of appropriate contract type.
- Tender document review to identify errors, omissions, ambiguities and contradictions.
- Contract and (non-technical) Tender document preparation including drafting particular/special conditions of contract, contract data/Appendix to Tender, advising on bonds and guarantees, Employer’s Requirements (under FIDIC) and equivalent under other conditions of contract.
- Support during the tendering process responding to, for example, tenderers queries.
- Support during contract negotiations.
- Provision of contractual solutions to problems and issues, claims and dispute avoidance advice, impartial advice on claims and dispute settlement, mediation and conciliation advice/services.
- Construction supervision either as an entity providing all staff inputs and services, or forming part of a team providing the more senior construction supervision personnel, such as the Engineer (as per the FIDIC ‘Red’ and ‘Yellow’ Books Conditions of Contract), the Project Manager, Supervisor, Superintending Officer, etc.
- One-to-one support on contractual aspects to senior management and senior site staff, including reviewing draft correspondence, responses to Contractor’s claims, etc. prepared by staff.
- Advice, support and assistance to the Employer/Consultant’s staff in the preparation of responses to contractual submissions to the Engineer/Construction Supervisor, particularly with respect to claims and their contractual aspects.
- Preparation, management and co-ordination of all aspects of claims and Employer’s claim submissions (for example, claims for delay damages, termination etc.), including legal, contractual, programme delay, costs/quantum, etc.
- Development and implementation of defence strategies against Contractor’s claims.
- All aspects of dispute board (DB) involvement where dispute board can be a dispute adjudication board (DAB) or a dispute review board (DRB), including establishment of a DAB/DRB, submissions to DAB/DRB nominating bodies (e.g. FIDIC when adjudicator(s) cannot be agreed between the Parties), preparation of referrals to dispute boards and responses to referrals, co-ordination of all inputs/contributors to a referral/response such as the programming/delay expert, quantum (cost) expert etc. (whether our experts or other/external experts), preparation for a representation at DAB/DRB hearings, preparation of notices of dissatisfaction.
- Assistance in preparation for and participating in international arbitration proceedings with particular emphasis on the contractual aspects and the combination of technical/contractual aspects as either the claimant or respondent and the preparation of relevant submissions to the tribunal, such as the Referral, response to the Referral, reply to response, etc. Preparation for and representation at Tribunal hearings, conference calls and meetings.
If an Employer/Client organisation or consultant has a particular need for EIA’s support and/or advice that does not appear to be covered by the services outlined above, please contact us to discuss your particular needs and requirements.