3. Scope of Services in Detail

3.1 Tendering Stage a) In the tendering stage, the course is set for the economic success of the project. The identification of chances and risks in the tendering documents as well as their assessment in the calculation of the offer in a timely manner is of particular importance.

The bidder finds himself in an area of tension between two tasks when assessing (regularly under intense time pressure) the tender documents: On one side, they are obligated to verify the tender documents concerning their completeness and accuracy. At least, the bidder is obliged to point out such contradictions or omissions in the documents which are obvious and almost „eye-catching“ to a competent bidder. On the other hand, the bidder in the pursuit of his economic interests must take account of any mistakes in the documents to take advantage from future claims.

In order to evaluate the contractual chances and risks, Balance undertakes either an analysis limited to „big points“ or an analysis which comprises all aspects. This includes, inter alia:

  • the presentation of the particularities of the type of agreement chosen,
  • the assessment of particular contractual stipulation in the light of the law concerning terms and conditions,
  • the examination of the tender documents for potential gaps or contradictions while appraising the contractually owed construction work,
  • the identification of contractual risks which will be assigned to the contractor and their legal validity and evaluation in the light of the legal interdiction of section 7 para. 1 No. 3 VOB/A,
  • the identification of possible claims in favour of the contractor,
  • the technical analysis of the contract with regard to construction time, quality and costs.

In coordination with the persons involved in the project Balance discusses the necessity of bidder’s questions and takes on the correspondence with respect to this.

b) Further services within the framework of the tendering process can additionally be awarded by the help of our partner law firm; inter alia:

  • examination of tender documents in the light of procurement law,
  • examination of the offer for completeness and possible errors,
  • legal assessment of variant solutions,
  • the drafting of formal complaints,
  • the drafting of tendering re-examination procedure briefs and representation in procurement supervisory committees and in Upper Regional Courts.

3.2 In the negotiation stage with the principal you can receive support in the technical, economical and contractual conduct of negotiations.

3.3 Contract and Claim Management Essential part of the claim management is the surveillance and assessment of deviations and changes of the contractually owed works and the economic results thereof in order to determine and achieve claims for additional remuneration.

The focus of our services is in the technical and legal examination and treatment of technical supplements construction management (construction time) supplements. We offer the following services:

  • implementation and maintenance of a system of notices,
  • the drafting of all relevant notices of the contractor vs. the principal (additional costs, hindering circumstances, technical objections, damages, notices to assurances) in accordance with the contractual requirements,
  • drafting of and response to the further correspondence with the principal,
  • Examining the deviations in the contract on the basis of all contractual documents (construction contract, building specification/preliminary notes, specifications, annexes to the construction agreement) and assessment of the basis of the claim,
  • The drafting of the supplement documents in consideration of the contractual demands, especially the deviation between target and actual state and the further preconditions of the basis of the claim,
  • identification and assessment of circumstances which could lead to claims,
  • as the case may be, drafting of legal expertise with an assessment of the risks of certain circumstances,
  • examination and processing of claims in dispute for settlement negotiations with the principal, participation in the respective negotiations.

3.4 Defence Against Claims (Anti-Claim-Management) We check and evaluate the claims of subcontractors and suppliers as well as the counter claims of the principal.

In cases of disturbed, impaired or faulty construction or planning sequences we make proposals for solutions in order to minimise damages as well as the assessment and evaluation of claims of subcontractors and the claims for penalty payments and claims for liquidated damages of the principal.

3.5 Correspondence with the Principal / the Subcontractors Finally, we support you in drafting all types of correspondence with your contractual partners with respect to all issues of legal and, as the case may be, also technical aspects.

3.6 Further services can be awarded additionally with the help of our partner law firm; especially in:

  • out-of-court representation and correspondence,
  • draft complaints and out–of-court assertion / defence against claims,
  • representation in civil litigation.