1. Relations to the Principal (end customer)

1.1 In the tendering stage, Balance checks the tendering documents on whether there are any gaps, contradictions and possible elements for claims, and discusses the necessity of bidder’s questions or formal complaints with the tendering team of the contractor. We also offer support in the drafting of variant technical solutions.

If required, Balance undertakes a comprehensive analysis of the contract which shows all particularities, chances and risks for the contractor in a clear manner with an evaluation. The analysis contains, inter alia, a legal evaluation of singular material contractual stipulations, especially from the angle of control of terms and conditions. Additionally, we offer a technical review of the contract with respect to feasibility, efficiency with regard to construction time as well as risks and opportunities .

1.2 In the negotiation stage with the principal we offer support in the area of conduct of negotiations under technical, commercial and contractual aspects.

1.3 During the execution phase Balance offers  the contractor project supported consultation on:

  • the instalment of a management system for notices and the drafting of contractually relevant notices in cooperation with the persons involved in the project (additional costs, notices of delay, notices of technical objections, notice of damages, notices to insurances).
  • the drafting and review of claims to be sent to the principal in accordance with the contractual stipulations.
  • the preparation, negotiation and follow-up of claim situations with the principal and the support of the contractor in possible levels of escalation, mediation, arbitration etc., as well with respect to contractual as to technical aspects.
  • permanent documentation and, as the case may be, controlling of the various claims with technical and monetary evaluation of the claim potential in cooperation with the project team.
  • drafting of and response to the further correspondence with the principal.