We are adept with all the traditional standard forms of contract, including:
We have in-depth knowledge and experience with the standard forms of specifications, including:
- COLTO GCC
Our work includes the following:
- Most Road specifications used throughout Africa.
- Drafting of contracts – advising and assisting in the preparation of contracts, including subcontracts, joint venture and consortium agreements, professional services agreements; and managing the documentation through to finalisation;
- Tender advice – examination of the legal and commercial conditions of Invitations to Tender and Enquiry documents and advising on the risks involved and the management of those risks.
We offer expert advice in claims formulation and settlement.
We assist our clients in the preparation and defence of time and/or money claims.
Claims include extension of time claims, delay and disruption claims, acceleration claims and claims for additional costs.
We formulate strategies, taking into account the terms and conditions of contract, the surrounding factual matrix and the rights, obligations and remedies of the parties.
All work is carried out with minimum disruption to the client’s team, thus ensuring their availability to continue with the on-going management of the project.
Our work includes the following:
- Advising and assisting in the drafting of notices and other correspondence;
- Preliminary investigations into the merits of claims;
- Providing written opinions on the prospects of success;
- Formulating claim submissions, including motivation, preparing programmes, schedules and other supporting documentation such as detailed delay analysis and forensic planning, and the quantification of entitlements;
- Managing correspondence and setting up suitable systems for records to be maintained for future use in the resolution and avoidance of disputes;
- Advising on settlement.
We offer representation in various dispute forums, including acting as an expert witness.
An amicable settlement through negotiation is preferable to the adversarial processes of arbitration or litigation.
However, in instances where the amicable settlement process fails to resolve the dispute we are able to represent our clients in certain forums.
Where necessary, we engage the services of legal counsel and we also offer our services as expert witnesses for arbitration and litigation. We are able to accept appointments as expert witnesses relating to, amongst other issues, quantum, delay and disruption, forensic planning and programming.
Kingsbourne is used by some of the leading law firms in South Africa, as well as with the foremost Counsel specialising in construction and building disputes.
Through our alliances we are able to assemble a team with a broad range of professional qualifications, skills and experience spanning law, engineering, contract and commercial management, project management, planning and quantity surveying.
We offer day-to-day on-site assistance with all issues relating to the running of the project as a whole. This may be a day, or many months, depending on the circumstances and the needs of the client.
Assisting our clients with an experienced on-site consultant, we are able to advise and assist on all commercial issues.
Effective project planning plays an important role in ensuring project success; careful project planning enables one to complete projects in a timely, quality assured and financially responsible manner. In order to achieve project success, one needs to ensure that a project is properly planned from the outset, realistic time frames are set, resources are assigned appropriately, quality is managed and that the project is regularly monitored to ensure that it is “on track”.
Setting up tender programmes in line with tender drawings, specification documents, method of construction and contractual requirements
Setting up a baseline schedule with accurate links driven by resources and taking into account the method statement for each project, and the conditions of contract
Updating programmes and reports
Claim Related Services: Forensic Planning
With an evident shortage of skills in this field, the project planning team at Kingsbourne can assist you with the conceptual planning and development of your programme, at tender stage, contract award, and during the project. In this regard, you will be provided with either part time support or full time support to produce, manage and maintain the programme in order to provide contractual compliance (and more). This can often be carried out remotely, but also include meetings as required to maintain the level of input needed to successfully manage all aspects of the programme.
The Kingsbourne planning team are familiar with all the most recognised software packages, including … CCS, Primavera, Microsoft
The starting point for any claim of extension of time is having a sound baseline programme. From the outset, Kingsbourne will conduct a review of the baseline programme.
Forensic Schedule Analysis
Forensic schedule analysis is a retrospective –“backward looking” – schedule analysis.
Kingsbourne specialise in prospective and forensic (retrospective) schedule analysis by using the following industry-recognised schedule delay analysis methodologies:
As-Planned versus As-Built Analysis
Window Analysis (Contemporaneous Period Analysis)
Time Impact Analysis (Fragnet Analysis)
Impacted As-Planned Analysis
Collapsed As-Built Analysis (But-For Analysis)