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Maximise profit through contractual resilience

Are you an aspirational, growing organisation that is struggling to protect margins due to inexperience of contractual terms & conditions? contractual administration? commercial risk? or dispute resolution?

 

Contractual Insight specialise in supporting SME contractors that do not currently have the in-house contractual/commercial expertise to effectively drive profit, reduce risk or strengthen their commercial position.

With combined experience of over 60 years in the UK construction industry and 20 years in dispute resolution, Contractual Insight offers the comprehensive capabilities and deep industry knowledge necessary to help you solve the most complex of commercial challenges, building contractual resilience to optimise profit, freeing up your valuable resources to focus on business development and market growth.   

 

Contractual Insight provides robust dispute resolution management on a NO WIN NO FEE commission (in addition to competitive commercial rates), offering truly exceptional value for money to all our Clients.    

We are underpinned by the highest professional and ethical standards.

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Professional Services

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Dispute Resolution

Strategy, Support, Negotiation, Settlement

Within the company, we have a practising and accredited adjudicator with over 20+ years of experience. Commercial Insight provides professional and strategic advice on contract management, dispute avoidance and adjudication support to Subcontractors, Contractors and Employers. 

We draw upon our experience in negotiating contracts and settling claims to represent your business confidentially in mediation, striving to arrive at a mutually acceptable commercial outcome.

The combined experience within the company includes:

- acting in the capacity of the Adjudicator in over 100+ construction disputes 

- providing key advice and support to Contractors in over 100+ adjudications 

- drafting and operating a broad range of construction contracts including:

   - stand alone contracts 

   - framework agreements 

   - term contracts 

   - programmes of work 

- managing claims from inception to final settlement on behalf of Subcontractors, Contractors and Employers. 

Our Unique Selling Point is to offer a NO WIN NO FEE COMMISION for providing Claims support. 

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Contract Terms & Conditions

Risk Analysis, Due Diligence, Negotiation, Certainty

We have extensive experience drafting, reviewing, negotiating, awarding and operating over 750+ contracts within the UK construction industry, including an in-depth knowledge of key contractual mechanisms. We can negotiate contracts on your behalf to ensure the level of risk and liability is proportional, reasonable and acceptable to your business. 

We have a good working knowledge of many industry standard contracts including (but not limited to):

- NEC suite of contracts

- ICE 4th, 5th and 6th editions

- IChemE suite of contracts

- MF1

- G90

- FIDIC

- JCT

- The 'Be' Collaborative Contract 

- PPC 2000 - Standard Form of Contract for Project Partnering

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Efficient Contract Administration

Notifications, Contemporary Records (House Keeping), Compliance with the Construction Act

Through our experience of negotiating claims and dispute resolution, we have seen many of the common, avoidable mistakes many Subcontractors and Contractors make during contract administration, which hinders, limits or time bars their potential contractual entitlement. We can help build resilience through dependable commercial processes, which we can operate (if required) on your behalf, to ensure strict compliance with the provisions of contract and the Construction Act, ultimately to mitigate profit erosion for your organisation.

- Payment cycle (payment notices, pay less notices etc)

- Valuation of the Price of works done to date 

- Retention recovery 

- Regimented, secure, easily accessible record keeping

- Professional contractual letter writing    

- Final Account valuation  

- Recovery of contractual entitlement

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Change Management/Claims

Notifications, Quantum & Extensions of Time Expertise

We understand the importance of timely notifications and the quality of submission required to demonstrate cost and time entitlement. We specialise in helping you recover your true contractual entitlement under the contract. 

- Early Warning Notifications

- Compensation Event Notifications

- Variation Notifications 

- Delay & Disruption/Prolongation Claims 

- Loss & Expense Claims  

- Extension of Time Claims 

- Cause and Effect Impact Programmes 

- Potency and Concurrency 

- Time Slice (Window Delay Analysis) Exercises 

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Develop Effective Commercial Procedures

Streamlined Flow Charts, Decision Trees & Gateways

With the experience we have in the company working on a wide variety of contracts for Employers, Contractors and Subcontractors, we have the knowledge to advise on appropriate processes and systems to effectively manage the contract, leading to a successful outcome. 

- Modern collaboration tools to supercharge teamwork

- Project and organisation organograms

- Regimented, efficient folder structures

- Gateway 'check points' to reduce risk 

- Authorisation thresholds

- Step by Step procedures for each stage of the project  

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Cost Consultant Audit Support

Open Book Auditing, Raw Cost Data Manipulation, Presentation & Substantiation

With years of experience operating on both sides of the fence for Employers and Contractors, on a wide variety of open book, target cost forms of contract (e.g. NEC3 Option C) we have an extensive knowledge of the level of substantiation required to satisfy third party auditor's expectations and requirements. We carry out forensic investigations and analysis of Actual Cost. We can represent and manage this process for you or provide fundamental guidance and advice to ensure any potential disallowed costs are fair and reasonable under the contract.

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Workshops & Seminars

Improve Contractual Awareness

We can provide a broad range of workshops and seminars to assist with raising contractual awareness of a specific contractual mechanism or subject area. We provide mentoring to APC candidates through Continuous Professional Development (CPD) and a structured training programme.

- Bonds (PCGs, Performance Bonds, Advanced Payment Bonds, On-Demand Payment Bonds)

- Vesting 

- Liquidated Ascertained Damages (Delay Damages) 

- Liability, Indirect/Consequential Loss

- Insurances (Public, Employers, Professional Indemnity, Products, Contractors All Risk policies)    

- Golden rules

- Incentive schemes 

- Outsourcing project related activities 

- Commercial negotiations 

- Negotiation techniques 

- Mediation/Adjudication 

- Contract Claims 

- Culture and procedures to help contracts that have gone wrong 

- The conflict between express terms and conditions vs. collaborative behaviour

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Bespoke Commercial Templates

Tailored, Clean & Contractually Compliant 

We can create or develop bespoke commercial templates, tailored to an organisations specific requirements, to ensure contractual compliance and for internal financial reporting. 

- Management Fee Structure

- Creation of rates (built up from first principles)

- Tender bid strategy

- Cost Value Reconciliation (CVR) reporting 

- Notifications 

- Cashflow spend profile 

- Cost forecasting 

- Applications for payment 

- Payless notices 

- Monthly Project Performance Reports

- Completion Certificate, Takeover Certificate, Defects Certificate 

- Final Account Statements

   

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Contact Us

Build contractual resilience and drive profit today

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Eur Ing D V Rogers BSc (Hons) CEng FICE M: +44 (0)7572773614

B A Gunning MRICS BSc (Hons) M: +44 (0)7584862101

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