Services
Commercial support, engaged matter by matter.
Each service below may be engaged as a discrete matter or as part of a continuing arrangement. Fees are fixed and confirmed in writing before work commences.
01
Tender preparation
Suited to builders tendering work where a pricing error cannot be absorbed.
We examine the entire tender package rather than the scope alone. We then advise where the commercial risk sits, assist in assembling a submission that responds to the questions actually asked, and draft the qualifications and clarifications that keep your price aligned with the obligations offered.
What you get
Tender risk register with a recommendation recorded against each item
Drafted qualifications, exclusions and assumptions
Written responses to the non price criteria
Compliance check against the return schedules
How it runs
We require the tender documents and your draft pricing. Allow five business days for a standard commercial tender and longer for design and construct. Attendance at tender interviews is available on request.
02
Contract review
Suited to head contracts and subcontracts presented to you for execution.
Every clause. Every page. Every dollar.
A written report on the effect of the contract on your position. We identify the provisions that bear on cash flow and risk, explain them in a single page suitable for your estimator, and draft the amendments we recommend you seek.
What we look at
Payment terms, retention and security of payment alignment
Time bars, notice periods and extension of time machinery
Liquidated damages, set off and back charge rights
Insurance, bank guarantees and personal guarantees
Scope gaps between the contract, the drawings and the specification
How it runs
Three business days from receipt of the documents. The fee is fixed by reference to contract value and form, and includes a conference to discuss the report and a marked up schedule of amendments for issue to the other party.
03
Claims management
Suited to projects where the scope has changed, the program has slipped, or payment has ceased.
We construct the claim from your records. Site diaries, requests for information, photographs, program updates, dockets and correspondence are assembled into a document that establishes the entitlement, the causation and the quantum, referenced clause by clause.
Claim types
Variations and latent condition claims
Extension of time and delay cost claims
Payment claims under the Building and Construction Industry (Security of Payment) Act 2021 (WA)
Final account preparation and negotiation
How it runs
We will prepare a single claim or assume administration of the claims register for the project. Where the records are deficient we will advise you of the likely value of the claim before further cost is incurred.
04
Dispute resolution
Suited to disputes that have stalled but have not yet been commenced in a court or tribunal.
Most construction disputes in Western Australia are resolved by negotiation or adjudication. We prepare the position paper, conduct the adjudication application or response, and attend negotiations and mediation with you. Where legal representation becomes necessary, your solicitor receives a file already in order.
What you get
An assessment of your position, including its weaknesses
Adjudication applications and responses prepared within the statutory timeframes
Settlement options with the commercial figures attached
A briefing pack for your solicitor should the matter escalate
How it runs
Adjudication is governed by short statutory periods. Instruct us on the day the payment schedule is received rather than the following week. We act alongside your solicitor where one is already retained.
05
Strategic correspondence
Suited to notices that must be served today and drafted to the relevant clause.
Contractual correspondence requires both skill and discipline. We draft notices, responses, replies to show cause and warnings of suspension that cite the correct clause, state the facts once, and leave your position preserved.
Common requests
Delay and extension of time notices
Variation notices and directions to proceed
Responses to show cause and default notices
Letters about access, defects and back charges
How it runs
Provide the clause, the relevant dates and the factual sequence. Standard letters are returned on the same day. We will also establish templates and a notice register for your personnel so that fewer matters require our involvement.
Also available
Ancillary services
Subcontract packages
Back to back subcontracts drafted from your head contract so that risk is passed down rather than retained.
Claims registers and templates
Notice trackers, variation registers and correspondence templates established within your own systems.
Team training
Half day sessions for site and project personnel on notices, time bars and contemporaneous records.
Monthly retainer
A defined allocation of hours each month for reviews, correspondence and advice by telephone.
Uncertain which service applies?
Describe the matter in a few sentences. We will advise what the work involves and what it will cost.