Managing Contracts, Avoiding & Resolving Contractual Disputes

Edward Sain & Associates believes that the best way to handle contractual disputes is to avoid them wherever possible. Unfortunately this is sometimes not possible and in these circumstances our philosophy and methodology is to minimise contractual issues by being proactive and prepared. Our considerable experience in these matters has consistently shown that the best outcome for our clients and their project team has been achieved by our early involvement and where possible from the outset of a project.
With our clients we take steps to promote that the client avoids getting themselves into situations where they are at disadvantage by;

  • Providing independent contract reviews and advice before the signing or acceptance of an agreement or contract. This minimises the risk and highlight the client’s exposure, obligations, entitlements and processes they need to employ in managing a contract so as to have an agreement that is reasonable and manageable.
  • Providing reviews of internal management process on an as required or pre-established basis (as required or every 3 or 6 months) to review the contract is managed using methods that reduce exposure to risk and is being managed appropriately thereby eliminating or minimising threats and exposure to potential contractual disputes.
  • Providing advice and assistance in clients understanding their rights and obligations under the terms of the agreement or contract they have with their clients, suppliers and contractors and more recently how this impacts  with the rights and requirements they have under the Building and Construction Security of Payment Act legislation.
  • Providing assistance in preparing drafts or reviews of contractual documents and communications including liaison with their clients to minimise the potential for a major dispute.

Where, despite best efforts, it is not possible to avoid a contractual dispute our clients are able to avail themselves of our strong sound construction knowledge, experience and background supported by our clear uncompromised analysis and understanding of not only our client’s position and circumstances, but also that of the project, so as to minimise or mitigate our client’s liability.

We assist our clients with strategies and options on which we mutually agree and work together. This assistance often results in our engagement to provide direction and assistance in the management of internal or external legal personnel to resolve complicated contractual matters in the most cost effective expeditious manner.

Over decades, Edward Sain & Associates has earned a reputation for exceptional skills in working with;

  • Difficult and or high dollar value contracts and associated claims including programme and prolongation disputes,
  • Analysis and Interpretation of contracts, terms and conditions and contractual positions
  • Resolving difficult contractual positions.
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