Our team at the Global Construction & Infrastructure Legal Alliance (GcilA) has recognized that the process of systematically and efficiently managing contract creation, execution, and analysis for the purpose of maximizing financial and operational performance and minimizing risk requires a keen and precise negotiation and implementation process.
Contract negotiation and management in construction is a highly complex process because it involves a number of different spheres that need to be taken into account and addressed. For example, it includes identifying the basic requirements of contracts, identifying and managing risks and responsibilities, drafting of appropriate contracts and amendments, the negotiation of the terms and conditions and ensuring compliance, documenting any changes made, critical interpretation of contract provisions, conducting risk audits, and overall making sure to minimize risks and maximize revenue/benefits.
Our teams at GcilA, are highly acquainted in and focus on the contract management world in result of our partners that have had a life-long involvement in this area and have thus acquired the necessary understanding and expertise. As such, we offer our clients assistance and accompaniment throughout all stages of contract management: from the very beginning at the stage of contract negotiation to contract signing, over contract implementation, to the very contract observation and eventual re-negotiation.
Because the procurement process for a concession or a public/private partnership is complex and sometimes requires a higher understanding that some of the players might possess, GcilA aims at providing its clients with the professional assistance and expertise needed. For example, we offer our clients consultations so that we can accompany them through their significant and necessary decision making process. As such, we evaluate holistically the project so that we can advise our clients which procurement model to choose depending on the nature, the size and the scope of the project.
Over the years the members of GcilA have acquired a vast familiarity and experience when it comes to the bidding process and, in particular, the preparation to the bidding process. Bidding does not only mean the process itself but also everything that comes before the actual process. As a matter of fact, the bidding process can only turn out to be effective and successful if the participating parties are prepared for the challenge. As such, we accompany our clients by evaluating the request for proposal (RfP) submitted by the public authority and producing clear and qualitative bid documents that respect the RfP.
Besides being involved at the early stage of bidding preparation and at the middle stage of the bidding process, GcilA is also present in the final stage of the bid evaluation and contract award. Due to the fact that during the procurement process many bids are submitted and different players take part, it is important that the awarding happens in close observance of the clauses and requirements set out by the RfP. GcilA provides its clients with the aid and assistance needed for the evaluation of the bids and finally the awarding of one or more contracts.
Being part of the contract management process, the follow-up of a concession or public/private partnership contract entails the consideration of the effectiveness of the contract under different point of views and, if necessary, the (re)allocation of responsibilities for an improved performance. In this respect, GcilA’s highly experienced team operates on the follow-up process of contracts by pointing out whether or not the clients’ needs have been met and all goals have been achieved. Should this not be the case, the GcilA team helps by (re)distributing the responsibilities for better performance and ensuring successful outcome of the contract by minimizing risks of default and renegotiation.