Kennaley Construction Law

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We help with the negotiation, drafting and review of contracts and subcontracts, helping our clients to be prepared for the new Construction Act and to better manage, assess and transfer their risks under tender packages, contracts and subcontracts.

 

Contract terms can and should be used to manage the risks associated with the Construction Act.  Payment provisions should be brought in line with prompt payment requirements and contractual processes can be established to make it easier for parties to meet their statutory obligations.  Also, certain adjudication processes can, and should, be agreed upon in the contract documents.  

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In addition, the limits of notice provisions, approval requirements, conditions precedent to payment, claim waivers, insurance requirements and indemnity clauses are all being tested in the marketplace.  So are clauses that transfer the risk of unforeseen conditions, delay, sequence changes and impacts.

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As regards procurement, the law of compliant bids, disclosed criteria, fairness and good faith must be considered and applied in the context of each procurement circumstance.  We regularly assist clients to manage the risks associated with these processes.  We also have a great deal of tendering claims experience.