Construction & Projects
MDS Advisory offer a full range of legal services and provide commercially-minded solutions to help your development project achieve the desired outcome on time and on budget. We advise leading developers, funders and occupiers on all types of projects providing them with advice spanning real estate, planning, construction, environment, energy and infrastructure related projects.
Certainty of terms is a huge benefit to each party’s execution team. Bad contract management often arises where parties are unclear on process and procedure. Good contract drafting is critical in helping to avert this.
It is imperative that the execution team has read and understood the contract. The relevant personnel should also be well versed on the contract terms and query any provision which is unclear. Understanding the schedules/appendices (typically the scope of work, pricing and mobilisation plan (if relevant)) is also crucial in ensuring that the parties are clear on what falls within the scope, and situations giving rise to a variation.
Once a contract has been signed, best practice dictates that a management plan should be developed, setting out key contacts, milestones, as well as requirements of documentation delivery and performance of specific obligations. The contract management plan effectively breaks the contract down in order to highlight the key points for ease of reference.
Contracts for the delivery of services frequently contain KPIs and it is critical that these are regularly analysed and measured in order to prevent a potential breach of contract.
The contract sets out the procedure for various scenarios (e.g. raising a variation, serving a notice etc.) for a reason – follow the procedure or risk incurring liability or losing a right. The courts are littered with cases where a party has lost its claim due to a failure to follow the procedure set out in the contract.