Successful Proactive Contract Management

Contract Australias, Sean McNally has just successfully completed a complex matter for one of our valued clients and we want to share it with you today.

A Senior Manager from a Tier 2 Civil Construction Contractor got in contact with us in November 2020 and said we understand you are capable of managing and administering complex civil construction contracts. Would you be able to assist us in a complex matter before it gets too complicated? Of course, getting in early makes it much easier to manage and we have the people with the rights skills, experience and attitude to deliver.

In summary, this is Sean and the goals were:

• Complete Risk and Opportunity identification and rate
• Develop a claim strategy
• Develop bespoke Contract Administration documentation
• Administer the Contract, TO THE LETTER
• Ensure we present the facts with substantiation at all times
• Prepare the team for negotiation

Seven months later, we were successful in delivering these goals.

• Sean did complete Risk and Opportunity identification and rated each. Sean was able to understand at an early stage of the Contract what these Risks and Opportunities were, how complex they were, the possible outcome if they were not managed and was able to articulate these to the construction delivery team so everyone was aware.
• Sean did develop a claim strategy. This is so important to Contractors because identifying a pathway to claiming cost and time in the unfortunate an event or risk comes to fruition and is Excusable and Compensable, one must know the best Contract pathway for recovery. Sean understood and explained the only route for a claim for Time was through Early Warning, Notice of Delay and a Claim for Time at the start of the event.
• Sean did prepare and develop several letters with a unique structure depending on what was being notified and claimed. This was explained to the construction delivery team early in the project. By having the types of substantiation and particulars identified early, the site team was able to capture data and information which would assist.
• Sean ensured the Contract was administered to the letter every time. Not once was the Contractor time-barred, never an occasion where the Particulars were not robust, always ahead of the requirements and ensured procedural compliance.
• With detailed Particulars, Sean ensured he substantiated each claim or factual statement with evidence. No easy task.
• Lastly, before each meeting or formal engagement with the Contractors Client, Sean prepared the team by reviewing the notification register, summarised the position, stated why, and ensured everyone was briefed on the particulars with evidence.

Well done Sean.

To get in contact with Sean McNally for your next project, call him direct on 0468 617 475 or email [email protected]

or check out www.contractaustralia.com.au for more information on who we are and what we do.