Contract Drafting and Negotiation
The Construction Industry uses many standard sets of terms and conditions in its contracts.
Thea Limited has encountered most of them.
If you are in a position to decide upon the form of your contract, we can help you choose the right one for you, and identify potential amendments which will pass on any contractual risks that may be best managed by others.
If a form of contract with a set of amendments has been proposed to you by one of your contracting partners, then we can review this contract with you, and help you identify areas of risk which could potentially be difficult for you to manage.
In either case, we can negotiate with your contracting partners or their representatives on your behalf to secure as favourable agreed terms and conditions as possible.
We recognise that obtaining favourable contractual terms depends not just upon knowledge, observation and analysis, but upon effective use of commercial bargaining strength. We aim to build relationships with our commercial clients so as to ensure that our input is given at a commercially strategic time. This helps us to add real value to the commercial deal.
Our input is not confined to the settling of the terms and conditions of contract. We are also able to advise upon the commercial documents which are typically required on major projects. And once the project is live, we can assist with your management of risk. A summary of our services is set out below:
- Drafting and negotiating Conditions of Contract (including pre- contractual declarations or non-contractual statements of intent), bonds, guarantees, warranties, and contracts to secure public funding for works
- Guiding you through the procurement process
- Working with your technical consultants and professional team to specify the works clearly
- Assisting you in structuring a project so as to allocate risk where it can best be managed
- Advising you on strategies for managing the risks allocated to you
- Helping you to manage disputes as they arise on a project and prevent them from escalating
- Negotiating on your behalf to resolve any disputes which do escalate, and bringing or defending adjudication, arbitration or court proceedings where necessary.
