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Construction Contracts Management, Claim Settlements

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GEM Engserv is a leading construction management service provider for infrastructure and real estate projects. We ensure to serve our clients with the best of their interest and personal attention by senior management in all assignments. Our expertise also has been in ADR Arbitration, Mediation, Conciliation, and Negotiations for developers, contractors, and subcontractors for claims/counterclaims formulation.

Contracts Claim Management

Bidding stage- Contract formation, During project life cycle-Management and advice on Contractual document Strategy and correspondence and Construction claims
Monitoring project activities, Review and Identify potential Risks in Projects
Real time delay analysis, Assessment of the claim /EOT applications/Variations/Mitigation of claims

Services:

Contract document formulation for corporate clients on various modes of construction contracts such as EPC, GMP, BOT, BOOT, lump sum, item rate, Hybrid annuity etc.
Bid management for diversified client base & recommending contracting strategy as well as assistance in contracts administration.
Review and/or modification of contract documents in view of the business needs.
Provide advice on claims / counter claim formulation, pre-arbitration and arbitration proceedings, claim validation, expert deposition for claims.
Training Programme on various topics of construction contracts management.

Importance:

Poorly drafted contract documents lead to disputes and then claims.
While drafting contracts Lack of understanding about construction, law or both lead to disputes and claims.
Adapting the contract documents from some other business leads to poor contract management.
Usage of onerous clauses which are not recommended by law leads to quashing of claims.
Lack of contractual correspondence in a professional manner leads to poor claim management.
Lack of contracts administration skill with project team leads to poor contracts management.

Methodology:

Suggesting exclusive contract clauses after understanding client’s project requirements and business practices.
Explaining legal aspects to clients.
Drafting an exclusive contract to fit the client needs and legally best fit business practice.
Using trade off techniques in drafting to benefit the client.
Assisting clients to examine the claims within the framework of the contract.
Training client’s contract team on the skills of contract management.