Commercial support

MDA’s skilful application of contractual mechanisms and practical administrative insight supports clients through the construction project life cycle. This commercial insight allows the early identification of challenges, ensures proper compliance with contractual obligations and avoids commercial risks eventuating. The commercial support service offering includes:

Contract administration;
claims management;
ad-hoc opinion and advice on issues arising during contract execution;
administration of dispute board processes including attendance at dispute board meeting; and
conducting due diligence on contracts.

CONTRACT ADMINISTRATION

MDA allocates skilled commercial resources to contracts (including attendance on site) to engage with our client’s onsite resources in day-to-day contract administration.

MDA’s contract administration support enables proper compliance with applicable prescribed contractual provisions by:

developing complete commercial strategies to address risks identified in conjunction with clients on-site resources;
preparing contractually compliant correspondence and notices;
preparation of/ response to extension of time, additional payment and disruption claims;
addressing claims for defective work and professional negligence; and
providing advice as commercial issues arise during contract execution.

CLAIMS MANAGEMENT

MDA implements claims management strategies to ensure our clients comprehensively realise their contractual entitlements by:

assessing events occurring through the project lifecycle to determine whether these qualify as entitlements for extensions of time or additional payment;
identifying the contractual or other basis for each entitlement;
formulating a comprehensive argument with reference to the construction contract, applicable legal authority and contemporary records;
through our comprehensive database of experts and consultants, or with the assistance of the client, quantifying the extent of the entitlement to additional payment and/ or extension of time;
compiling the claim documentation motivating the argument for submission and drafting related correspondence; and
attending meetings to negotiate the outcome of the claim.

CONDUCTING DUE DILIGENCE ON CONTRACTS

MDA audits contemporary records and actions taken at critical points during the project lifecycle, after completion of the construction works or during closeout to identify causes for commercial risk events, defaults/ breaches and losses.

MDA drafts comprehensive audit reports detailing findings for use by our clients in further processes. Through such audit reports our clients understand the non-compliances, determine corrective actions and implement rectification procedures.

Partnering with MDA will ensure a cost-effective implementation of contractually prescribed management procedures with the least possible impact during your project life-cycle.

+27 11 648 9500

info@mdalaw.co.za

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