CONTRACTUAL SUPERPOWERS FOR CONSTRUCTION SUBCONTRACTORS

A managed service for Construction Contract Reviews, Contract Administration, and Dispute Management.

  • Securing Contractual Confidence
  • Project Margin Protection
  • Reduce Company Overheads
  • Make and Keep More Profit
Maintain Resource Group
Bakker-Scaffolding
Antoun

1/4 of all Insolvencies come from the Construction Industry

The reality of the construction industry is that 99% of the contracts are either client written “hostile” contracts or highly amended standard contracts. The further down the chain you are, the more the risk is pushed onto you.

Risk Pushed Onto You

The reason for the high amount of insolvencies is due to the Contractual Hierarchy. 

The Principal (Government’s, Developers, Oil & Gas Companies etc) Contract to a Tier 1 Contractor. There will be lawyers on both sides of this agreement and risks are known.

The Tier 1 Contractor will then Subcontract most if not all of this work out to Tier 2’s (scaffolders, civil companies etc). These Contracts will be more hostile than the one they signed with the Principal (to cover themselves).

 

Lack of Expertise In-House

Unfortunately, the Tier 2’s don’t have and can’t afford the expertise which results in them signing contracts without fully understanding the risks.

These contracts often times are asking you to sign up to unlimited liability, consequential damages, never ending rewarranty periods and extremely tight time bars (to name a few issues).

Even for smaller value contracts, signing up to the wrong terms can potentially be catastrophic for your business.  

Become Contractually Savvy

We help construction subcontractors avoid contractual landmines, save money and upskill their workforce.

Clients and Tier 1’s feel assured that you know what you are doing when you are commercially astute. 

They feel like they are dealing with professional and capable company that knows its service inside out. 

Our process begins with our "Pre-Award" Service

Our proven contracts review framework are the initial steps we take as your dedicated contract specialists.

CONTRACTS REVIEWED

We review the details of your terms & conditions, rates & preambles, tender instructions & all associated documents. 

We find the risks and present them in a way that is easy to understand, doesn’t require you to do more work and allows you take actionable commercial decisions to reduce you company’s contractual risk.

DEPARTURES PREPARED

Quantum has the benefit of learning from reviewing thousands of contracts for all types of Subcontractors across all types of Constructions Sectors.

We know how to word departures so that they get accepted. We know what gets accepted and what doesn’t. We know how many is too many.

Video Reviews

We know that you are busy and the last thing you want to do if have to spend more time “reviewing” the review. 

That’s why we prepare a 5 – 10 minute video for every contract review. 

This allows you get up to speed on all the contractual landmines very quickly so you can spend more time on high value activities. 

LUNCH & LEARNS

Every month you (and whomever you want in your business) will be invited to a contractual lunch & learns. 

We cover an array of commercial topics to upskill your workforce so you become a contractually savvy company. 

What Our Clients Say

Next, We step it up with out "post award" service

This service is everything in Quantum “Pre-Award” Service PLUS all the items below. 

1. Contractual Kick Off Meetings

The goal here is to upskill site staff and close the gap between delivering the project and delivering contractually. 

We download everything in your contract (Delay Events, Variations, Time Bars, Client Instructions etc) and give an easy to understand presentation to your site team so they know exactly what they need to do contractually. 

2. Contractual Adherence Checklists

Contracts are written by lawyers for lawyers.

Let us dig through the all the pages of the Contract and create a checklist of what you actually need to do, what not to do and what you need to submit. 

3. Change Management

No need to worry about another “system” that you need to implement. 

We bring our own system, people and processes to make sure that we capture all delays and scope changes on your project. 

4. Contractual Notice & Letter Prep

Getting your contractual notices in on time, with the right info and presented professionally is paramount to your success in making sure you are covered contractually. 

5. Variation Preparation

Getting variations rejected (which impacts cashflow) is a major reason that subcontractors can go out of business or be forced to agree to smaller sums that they are entitled to. 

Let us make sure that your variations are submitted to the highest quality so your next project is a success. 

6. Contractual Advice

From time to time, you may specific contractual advice which is unique to your company and circumstances. 

We’re there to help. 

7. Preparation of EOT/ Disruption and Acceleration Claims

Projects don’t always run smoothly and often times, its not your fault. 

Its important to present you case in a clear, organised and detailed way.

We have experts on hand to help. 

8. Dispute Management

Not every situation needs lawyers. If we can resolve the issue without resulting to courts & ruining relationships, that’s how we’d like to proceed. 

Getting it wrong can, and for many businesses does, mean catastrophic failure.

9. Adjudication Submissions & Defense

If we can’t help you resolve a dispute amicably and your case is strong, we’ll help you prepare and manage the adjudication process to (hopefully) a successful outcome. 

On the flip side, if another company submits an adjudication against you, we’ll help you defend it. 

Articles

When Tiny Mistakes Come Back to Bite: Mann vs. Paterson, a Case Study

In October this year, the High Court of Australia came to a landmark decision destined to change the way contractors think about claiming.

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3 Ways to Protect Yourself in the Game of Contracts

When it comes to contract management, preparation is your best ally – here’s why.

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Ambiguity and the Worst Case Scenario

A construction related contract is the pillar of any given project. A well-drafted contract should include the scope, price, and a clear way to deal with any changes, disputes, and unforeseen events. When working under a contract, expectations are clear, any issues are resolved in accordance with the contract, if not it can lead to court.

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3 Ways to Protect Yourself in the Game of Contracts

When it comes to contract management, preparation is your best ally – here’s why.

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The Shocking Mistakes Sending Construction Contractors to Court

Want a midweek date with a solemn face and black robes? Then as history tells us, you’ll need to follow these steps. If not – avoid, avoid, avoid.

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In Praise of the Scapegoat

Worried that good faith will get you fleeced? Need to get more contractual with your clients? Meet the unlikely hero here to save your hide.

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Safety, Savings and a Happier World – Here’s What I Hope Lies in Store for 2020

We’ve got self-driving cars. We’ve got fruit flying at our faces in virtual space. But can technology help with resources and construction in 2020?

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In an Unfair World, Don’t Risk Your Dough

This, just in: performing contract management in the construction industry is nothing like having a weekend job at a pizza joint. You’ve been warned.

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When Tiny Mistakes Come Back to Bite: Mann v Paterson, a Case Study

In October last year, the High Court of Australia came to a landmark decision destined to change the way contractors think about claiming.

Read More →
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