- FIDIC Contract Management (Pre-Bid – Execution – Post-Bid)
– Review of General Conditions and Particular Conditions of Contract
International construction contracts often contain a comprehensive and detailed documentation as well as a complex language. The engineers have the proper skills and technical knowledge to do their job properly. But do these people have the contractual knowledge required for the correct execution of these contracts the conditions agreed to under the terms of the contract?
Many engineers use their skills gained from working with domestic construction contracts and they try to apply this knowledge internationally. Mostly, this often means that the job goes ahead, irrespective of what the contract says. This approach may be technically correct for the project to move on but riskier when considering the administrative requirements under international contracts. These kinds of problems arise more frequently in contracts using FIDIC clause.
For these reasons, we try to give services for the management staff before or at the time of dealing with international construction contracts which include FIDIC clause or not for to understanding of the contract itself and their technical and legal obligations and responsibilities according to the contract.
FIDIC Consultants provides comprehensive Consulting services to the Clients to help with contract negotiation, review of the contract clauses, risk analysis of the Project, prepare Contract matrix
–Contractual Correspondences
Drafting daily project correspondences pursuant to FIDIC contract clauses and reviewing the daily, monthly and quarterly progress reports.
–Variation Orders and Scope Management
Preparing the variation orders regarding the alteration to the scope of works in a construction contract in the form of an addition, substitution, or omission from the original scope of works. Providing proactive and forensic consulting services utilizing the most recent construction management technology Primavera.
–Final Accounting and Negotiations
The intention of the FIDIC contracts is clearly that, once the project has been terminated, the final accounting of each of the Parties’ entitlements is brought to a conclusion promptly.
The FIDIC contract does not, after termination by the Contractor or the Employer, provide for any payments to be exchanged between the Parties in respect of the Contract before the final accounting is settled.
FIDIC CONSULTANTS will provide full service for the Final accounting and negations regarding the solution of these complex steps of the implementation of FIDIC Contracts.
- Claim Submittals, Delays, Dispute Board Process and Amicable Settlement
–Claim Preparation, Review and Submittal
Consulting to the Client to get the necessary knowledge, advices and insights so as to facilitate the navigation through the FIDIC claim preparation.
FIDIC claims are mainly focused on extension of time and money and our service is also include the preparation of money and time claims pursuant to FIDIC Contract Clauses.
–Delay Analysis
Delay is a common problem of construction sector. Recent improvements in the last few decades increased the competition and this led the construction projects to be more complex than before and difficult to be completed in time. This situation not only increased the delay problems, but also made the analysis of delays difficult and that caused further problems as disputes between parties to the contract.
FIDIC Consultants provides comprehensive delay analysis solutions with the causes and effects of the delaying activities by preparation extension of time claims. The delay analysis requires expertise with the extensive knowledge of construction projects. Disagreements about the causes of delays impact on the construction process and these disagreements can lead to disputes and claims. Most of the delay claims reach the expert after completion of the project but FIDIC Consultants always available work with their clients for their AD-HOC requests during the ongoing projects.
–Dispute Board Process and Amicable Settlement
Consulting to the Client to understand dispute resolution process and Amicable
Settlement procedures which is leading by Notice of Dissatisfaction under FIDIC Conditions of Contract.
- International Arbitration
International construction contracts usually contains arbitration clause for dispute resolution. And FIDIC contracts have standard mandatory pre-arbitration steps. According to these contract clauses the parties needs consultancy services at the arbitral perspective. Especially for FIDIC contracts actions have taken by parties on pre-arbitration steps may be incredibly significant effects and irrecoverably harmless to International arbitration process.
We provide both legal and consultancy services for the preparation of the case file regarding the pre-arbitration and International arbitration process. We also have the competence and capacity to serve with our solution partners to our clients’ arbitral cases.
FIDIC Consultants partners are also experienced with the each step of international arbitration cases in LCIA (London Court of International Arbitration) and SIAC (Singapore International Arbitration Centre)
- Other Consultancy Services
–Award and Enforcement
Recognition and Enforcement of arbitral awards is an important and the last step of the arbitration process. Voluntary execution of the arbitral awards is not often happened. At that point recognition and enforcement of arbitral awards is the last and only options to gain the benefit of arbitral awards.
FIDICCONSULTANTS is providing consultancy services with legal solutions partners on the recognition and enforcement of arbitration decisions in the Turkey, United States, UK, Bosnia and Herzegovina, Montenegro, Romania, Qatar, Kuwait, Saudi Arabia and Azerbaijan.
–Project Finance
FIDIC CONSULTANTS provides consultancy services to its clients on the management of risks accrue from project financing according to the project finance method implemented within the scope of the project.
FIDICCONSULTANTS provides legal advice both the project owner or the contractor regarding the legal functioning and content of the project financing contract, whether the preferred method at the beginning of the project is BOT or BOOT or another financing methods used.
–Claim Funding Options
Due to uncertainties over total costs, duration and outcome of (international) litigation, combined with the benefits of having a funder with extensive claim recovery expertise by their side, many companies choose to enter into a claim funding agreement with different investors. Claim funding involves these investors agreeing to bear all expenses associated with the process of the recovery of your claim. Only if the investors are successful in collecting your claim, a percentage of the total amount recovered is being retained to cover expenses and provided services.
This allows your company to recover its claim without bearing the risk of high litigation expenses and FIDIC Consultants aim to help you to find these investors for funding these claims.