Diagnostic

When Clients Usually Come To Us

Commercial pressure rarely starts with a formal dispute.

It usually starts with delayed payment, disputed change, withheld retention, rejected entitlement, poor records or increasing contractual pressure. These are the situations where clients usually approach us.

Payment & Cashflow Pressure

When payment is delayed, reduced or withheld, cashflow quickly becomes a project and business risk.

Clients come to us when:

  • Payment is consistently late
  • Applications are being under certified
  • Pay less notices are reducing cashflow
  • Retention is being withheld without proper basis
  • Deductions are being made for unsupported damages claims
  • Sums properly due are not being released

Variations, Change & Recovery

Change is often introduced informally, then challenged when payment is due.

Clients come to us when:

  • Variations are not being properly valued
  • Change is introduced through RFIs or drawings
  • Design development is increasing scope
  • NEC compensation events are rejected or reduced
  • Notices are being challenged
  • Commercial recovery is being lost through poor records

Delay, EOT & Prolongation

Delay issues become expensive when time entitlement is not properly evidenced and protected.

Clients come to us when:

  • LADs are being threatened or applied
  • EOT submissions are being challenged
  • Prolongation claims are being reduced
  • Concurrency arguments are being raised
  • Access or sequencing issues are affecting progress
  • Programme updates are being challenged

Programme & Performance Pressure

Programme pressure can quickly become commercial exposure if delay, mitigation and performance issues are not managed properly.

Clients come to us when:

  • Acceleration is being requested without payment
  • Mitigation measures are being demanded
  • Programme submissions are being rejected
  • Progress reports are being used against them
  • Non performance allegations are being raised
  • Project records do not support the actual position

Final Accounts & Commercial Negotiations

Final accounts often stall when defects, set offs, time bars or unsupported deductions are used to reduce settlement.

Clients come to us when:

  • Final account settlement is not progressing
  • Defects are being used to delay payment
  • Set offs are reducing recovery
  • Time bar arguments are being raised
  • Negotiations are going in circles
  • A stronger evidenced position is needed

Contract Risk & Dispute Escalation

Onerous terms, missed notices and escalating disputes need early commercial control.

Clients come to us when:

  • Contract amendments shift excessive risk
  • Notice provisions are difficult to operate
  • Entitlement is said to be time barred
  • Termination is being threatened
  • Adjudication is being threatened or considered
  • A clear dispute strategy is needed

Recognise Any of These Issues?

If these problems are affecting your project, we can help you understand your position, organise the evidence and decide the next step.