Drafting Contracts & Tenders
Given that marine infrastructure projects often involve various stages over a significant period of time, it is important for the parties to record their rights and obligations by way of appropriately detailed contracts and project documentation.
A well drafted contract or tender will often result in the parties being able to avoid disputes and achieve a project on time and within budget. Substandard contracts may prolong disputes by enabling one party to make claims that were not intended by the parties when entering into an agreement.
Marine infrastructure contracts and tenders need to include specific clauses particular to the construction industry that may relate to claimable costs, extensions of time, processes for variations, indemnity, insurance, risk management etc.
Many standard form infrastructure contracts such as FIDIC and NEC, are drafted to include fixed or “boilerplate” clauses. However, the parties are able to tailor these contracts to primarily consist of their particular circumstances using special conditions provided for in the contract. It is important to ensure that these special conditions are drafted appropriately.
The potential risk of dispute is increased when clients do not seek legal assistance in drafting such special conditions, including drafting by one of the parties or by a lawyer not experienced in infrastructure projects. This can lead to potential issues in the contract as to the rights and obligations of the parties and increase the costs of resolving such a dispute.
I am experienced in providing contract advice and services in relation to construction contracts, tenders and other project documentation, including:
- Negotiation of contractual clauses that ought to be proposed by the client to protect its interests;
- Interpretation of clauses proposed by the other parties and the potential effects on the client’s interests; and
- Drafting contents of tenders & project documentation that would provide a suitable framework for the management of the relevant marine project; and
- Identification and management of risks likely to be applicable throughout the life of the project and beyond.
If you require contract advice in relation to marine construction tenders, contracts and project documentation, please contact me for a consultation so that I may consider your specific circumstances.
