Case Studies

NEC Project Manager Services:

a major UK airport owner operator organisation required an independent review of the service provision quality standards being delivered by their Managed Service Delivery Provider and to also assess the validity of contractual risk/change events as claimed by the Main Build Contractor
as Contracts Specialist, successfully carried out a detailed commercial review and audit of all contract administration processes and in-house staff competency assessments; re-introduced robust contract administration procedures, so as to achieve ‘steady-state’ contract administration and to re-baseline all contractual risk/change events
role was then extended to become the primary author of all future contractual correspondence notifications to the Main Build Contractor.

Contract Administration Establishment:

an international joint venture design consultancy required the establishment of robust contract administration processes and systems for a new NEC3 target cost setting design fee management contract
as Interim Commercial Lead, reviewed Main Contract and Design Contract conditions of contract to highlight key differences in roles, responsibilities and contractual liabilities
set up internal systems / processes so as to identify and notify contract risk and change events, designed proforma contract administration and payment application templates, provided hands-on training to project staff and succeeded in handing over the Commercial Lead role to a permanent staff member.

Business Ownership Transfer:

a leading Main Contractor organisation required an inter-company legal ownership transfer of a key niche market leading business unit
as Contracts Specialist, led all commercial and procurement actions so as to facilitate the implementation of all legal, commercial and operational workstreams to enable seamless business operational transfer.
established dashboard for identification of weekly progress report task updates; acted as an independent ‘arbitrator’ and facilitator of inter-company workshops; and provided commercial assistance on end-client agreements/supply chain agreements
succeeded in finalising this business-critical business ownership transfer.

Design Fee Contract Commercial Administration:

a multi-disciplinary design consultancy engaged on the complex new build metro rail station target cost design fee management contract, were experiencing significant risk and change event issues in the delivery of their professional services
commissioned as their Commercial Lead and Contract Specialist to carry out a detailed contract performance review and thereafter set up new robust commercial administration processes and systems to identify, capture and notify contract risk and change management events, and auditable design fee payments and invoicing
succeeded in capturing contract compensation events, resulting in the design fee contract value increasing from £3.0m to over £40.0m.

Project Optioneering and Contract Negotiation:

a metro train owner operator organisation required a prudent and urgent renegotiation of contract on their rolling stock depot upgrade programme, changing from cost reimbursable to a fixed price contract so as to re-baseline financial budgets and programme schedule
as Commercial Lead, reviewed effectiveness of contract administration procedures, carried out detailed forensic actual cost audit and prepared substantial disallowable cost schedule; led the review of contract re-scoping, optioneering and value engineering studies, so as to optimise the contract price
succeeded in converting the main contract to an affordable fixed price model.

Contract Termination Services:

following the termination of an NEC2 target cost contract, engaged by the Client to undertake a forensic audit of claimed actual incurred costs, prepared substantial disallowed cost schedule and complex / multi-interface compensation event assessments.
successfully implemented termination proceedings, supported commercial negotiations and contractual settlement prior to the commencement of formal adjudication proceedings.

Strategic Procurement and Contract Drafting:

a metropolitan public highways network owner operator organisation required a dedicated Commercial & Procurement Manager to prepare the legal and commercial workstreams for new £1.4bn 10-year Highway Schemes & Maintenance Contract
lead responsibility for an optimised contract strategy development, preparation of the commercial and technical works information inputs
instrumental in preparing innovative contract conditions based on NEC3 Options A/B/C/D/E, and providing management oversight to successfully prepare and issue the tender documents within the schedule timescales.

Pre-Contract Bid Support:

carried out a detailed commercial review of a €30m public sector asset replacement scheme tender, acting as Commercial Specialist within a Main Contractor’s tender bid team
identified that the incorrect NEC4 Option contract had been selected for the scheme which then resulted in the preparation of a tender pricing strategy paper
this allowed the Main Contactor to legitimately optimise and reduce his tender price by over €2.0m, which ultimately led to securing the contract award.

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