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Contracts

Fairness is the key word in contracting. A good contract is based on the assignment of any risk to the party that is best positioned to control it.

The Employer knows what he wants, the Contractor knows how to do it. The construction contract unites and represents the knowledge and the will of the parties in large infrastructure projects. Many imponderables have to be taken into account: the ground conditions are usually not known to perfection, expectations and sensibilities of stakeholders are high, and during the long construction period the project’s boundary conditions keep changing.

 

Are the project targets described clearly and unmistakeably? Have the project risks been assigned to the party that is best placed to control them? Have the various processes been agreed on and put down in writing? Have roles and responsibilites been allocated? Such questions must be answered while preparing construction contracts.

 

Even when a contract is excellent, misunderstandings continue to create difficulties in projects. Financial claims, apparently insufficient quality or the missing of agreed milestones are often cause for litigation between contract parties. As consultants for contract preparation we prevent such problems. Where they materialize nonetheless, we find fair solutions alongside both parties, as adjudicators or arbitrators.