Backend – Dispute Resolution
Approach, scope and fee scale
All the Standard Construction Contracts and some of the Professional Services Contracts make provision for contractual claims to be submitted and determined by an independent professional as an expert. Albeit the fact the Employer’s Principal Agent or Engineer is perceived to be his / her Agent, that is not the case when determining claims. Most of the Contracts make provision for a dual role to be performed by the Contract Administrator. On the one hand he / she is the Agent of the Employer issuing and receiving instructions and on the other hand acting as independent professional certifying and making determinations. Although some Contracts make provision for a consultation process before making rulings, other Contracts prohibit any interference by the Employer with the Contract Administrator’s independence and include same as grounds for termination by the Contractor.
Accordingly, Instrument Construction Lawyers assist clients by participating in the following services below: