SERVICES

So you have a payment dispute under the Construction Contract Act (2004) WA? Or think you do.

Ovel can prepare or defend a submission to an adjudicator that will provide you with the best opportunity to successfully defend rapid adjudication or to be awarded payment under a rapid adjudication application

Contract Precedents

Ovel can assist in the preparation of contract precedents (templates) for a wide variety of industries and purposes. Precedents for works, services or supply, (and others), involving two or more parties as necessary, for use in Australia or internationally.

Ovel engages with your legal counsel, or external legal counsel, to review and refine your precedents.

Contract Review

If you are preparing your tender and have received the proposed contract, or have executed a contract, Ovel can review and identify areas that will require your specific attention to minimise your risk or enhance your commercial position.

Notices

A common failing in the administration of contracts is the issue of the appropriate notice, at the appropriate time, for the right purpose, and by the method set-out in the contract.

Ovel assists and supports you in issuing notices in accordance with the requirements of the contract.

Directions

To ensure a direction is given and received in accordance with a contract, Ovel will issue and confirm receipt of a direction as set-out in the contract. Where such things are not set-out in the contract Ovel will ensure the purpose of communication between the parties is clear.

Changes

The effect of a direction may be a change to the contract. Or circumstances otherwise cause a change to the contract. Ovel ensures a change is adequately and properly contemplated and directed, and its effects are fully considered, including any effect to a program for performance.

Assessments

Where the contract requires an assessment of some kind, subject to the terms of the contract Ovel can assist and support in considering all the factors in making such an assessment. As an example, an extension of time claim that requires assessment of cause, effect, entitlement, substantiation and quantum.

Approvals

Where the contract suggests approval of some kind is required, subject to the terms of the contract Ovel can assist and support in considering the effect of providing, or not providing, any approval. As an example, approval of subcontractors that is not given that causes a delay, that in turn causes an extension of time.

Completion

Sometimes the date of completion of the works the subject of a contract is not clearly articulated. Ovel can assist and support you to ensure all parties are satisfied when completion has been achieved.

Waiver (or Release)

So you think signing a waiver is the end of your entitlements and claims. Subject to how the waiver is contemplated in the contract, how it is executed, the words within it, and when you were made aware of it, a waiver may not mean too much.

Ovel can assist and support you to properly consider a waiver so it fulfils its purpose at the right time.he context of the contract.

Claims can arise as a consequence of the performance of a contract. How those claims are considered is subject to how the claims have arisen. Sometimes how the claim is to be articulated isn’t as straight-forward as some may like it to be. Where appropriate Ovel engages with legal counsel (internal or external) to position any claim in the appropriate context.

Strategy

Regardless of whether you have made or received a claim, Ovel develops, assists and supports you in a strategy to maximise the opportunity for success of, or the defence of, a claim.

Defence

Ovel can prepare, assist and support the defence of a claim that you have received. Where appropriate Ovel considers counter-claims to negate any claim being made.

Preparation

Ovel can prepare, assist and support the preparation and submission of a claim. The complexity of the claim will determine the appropriate positioning of the claim in the context of the contract.

Delay, Disruption, Prolongation

Delay, disruption, prolongation are sometimes considered the same thing, but from our perspective are distinctly different. Simplistically, disruption is a change to the intended or planned sequence and/or methodology of work; prolongation is considered the cost of the extended duration of the performance of the works (for the period of any delay); delay can be considered the extended duration. But everyone thinks about it in his or her own way.

Regardless, to make any claim successful requires a diligent approach to record keeping and an understanding of how to structure the claim.

Quantum

So you think you know what the claim is worth. Ovel can assist and support you to provide sufficiently accurate and validated records to demonstrate the quantum of any claim.

Cause, Effect, Entitlement and Substantiation

It is, in theory, a simple process of establishing a cause that affected your performance of all or part of the contract, what the effect was, establishing your entitlement under the contract to be remedied, and substantiating the quantum of any claim.

In theory!

Ovel can interpret, interrogate, investigate and illuminate the matters that are material to a claim and establish the ‘story’ that the records or actions inform, and overlay the terms of the contract. This is something that nearly 30 years of experience allows.

As and when required Ovel engages with internal and external legal counsel to construct the best possible claim that provides sufficient support for each of the cause, effect, entitlement and substantiation.

Avoidance

By far the best solution, Ovel can assist to position you to avoid a dispute. How that is achieved is subject to the particulars of the contract, but in all cases involves communication with the other party.

Mitigation

Sometimes people want to dispute. When that occurs Ovel can assist you to mitigate the effect of the dispute.

When Avoidance and Mitigation aren’t options

The path of least conflict isn’t always embraced by all parties to a contract. And everyone thinks they are right.

If you find yourself in a position where dispute avoidance and mitigation are no longer options, Ovel can provide support when you find yourself talking with adjudicators, arbitrators, mediators or legal counsel.