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HCL's core services are predominantly directed toward matters involving the effective administration of engineering and building construction contracts.

HCL's wide ranging experience in the development of tendering and contracting strategies and the "hands on" experience of HCL's Senior Associates in the management of construction projects throughout Australia, Papua New Guinea, South East Asia and the Middle East means that the company is ideally placed to assist with the development of construction contract strategies and / or trouble shooting ailing contracts, and the investigation, analysis, documentation and resolution of commercial contract claims.

SECURITY OF PAYMENT ACT

The Building and Construction Industry Security of Payment Act 1999 NSW as amended in March 2003 provides both benefits and perils for members of the building industry.

The preparation of Payment Claims, Payment Schedules, Adjudication Applications and Adjudication Responses requires a detailed knowledge of the Act and close adherence to the express requirements of the Act for these submissions.

HCL's Principal Consultant is accredited as an Adjudicator under the SOP Act and accordingly has first hand knowledge of adjudicators' requirements for submissions under the Act. As part of the services offered by HCL Associates the company has developed a flow chart of key requirements of the Act, business day calendar under the Act, and timeline schedules all of which can be accessed and downloaded by clicking on to the relevant parts of this web site.

COMMERCIAL CONTRACT CLAIMS

A major part of HCL's services involves the research, analysis, documentation and resolution of commercial contract claims.

Since 1986 the company has played an active role in the resolution of numerous engineering, building, mining and defence industry contract claims ranging in value from $25,000 to $125 million.

The majority of these claims were settled by direct negotiation between the parties with only a small percentage proceeding to arbitration / litigation.

HCL specialises in presenting commercial contract claims in a manner that clearly articulates Cause and Effect and closely works with its clients' legal advisers to establish legal entitlements.

Specific services associated with commercial contract claims include:

  • Researching a project's records to locate documentary evidence of events or circumstances leading to a commercial claim.
  • Analysing documentary evidence, interviewing project personnel and, if required, taking draft statements from project personnel.
  • Documentation of claim submissions incorporating appropriate charts and visual aids to illustrate cause and effect in a manner that can readily be understood by persons with no prior knowledge of the facts.

Additional services for larger commercial disputes include:

  • The preparation of Document Management Systems to facilitate the preparation of evidentiary material.
  • Design and implementation of document databases to facilitate the ready retrieval of documentary evidence according to pre established search criteria.
  • Scripting and production of video overviews of commercial contract claims setting out key elements of the claims.

Note: Video overview reports are used to good effect for senior representatives of the parties to negotiate a resolution of a Claim.

DISPUTE RESOLUTION - COMMERCIAL MEDIATION

Professional dispute resolution services for disputes involving engineering and / or contract matters, including preparation for mediation of commercial disputes, representation at mediation and / or negotiations etc. The company's Principal, a professionally qualified mediator accredited with the Institute of Arbitrators and Mediators Australia and LEADR and the New South Wales Supreme Court list of mediators, provides expert mediation services.

PROGRAMMING AND PROGRESS MONITORING

The company's Senior Associate Consultants have extensive experience in the preparation of construction programmes using Primavera SureTrak or Microsoft Project Manager software. We specialise in producing meaningful, "easy to use" programmes that facilitate accurate progress monitoring for both the contractor and the Principal's key project personnel.

Other programming services include the analysis of delays involved with commercial claims and expert witness services at commercial dispute resolution proceedings (mediation, arbitration, litigation etc).

STAFF TRAINING SEMINARS

HCL offers comprehensive staff training programs for contract administration, project management and the administration of Security of Payment Act submissions.

Training seminars can be specially tailored to suit individual client needs according to the qualifications and experience of their staff.

PERSONNEL RECRUITMENT

Through its wide-ranging contacts in the engineering and building construction industries, HCL is ideally placed to assist with the recruitment of suitably qualified personnel to manage or assist with the management of construction contracts.

GENERAL

HCL offers trouble-shooting services for all matters involved with the administration of contracts including assistance to help ailing contracts get back on track in terms of both progress and costs.

DEVELOPMENT OF THE PROJECT DELIVERY PROCESS

The successful cost and time outcome of engineering and building projects is highly dependent on the selection of the most appropriate project delivery process.

Determination of the project delivery process requires a comprehensive understanding of a client's requirements, the level to which those requirements have been expressed in briefs issued to various consultants etc, and the status of documentation at the time that contracts are being entered into.

HCL's objective analysis of competing options for the most appropriate project delivery process will help to identify key issues that should be considered before finalising on a particular delivery process.

 

Specialist Consultants to the Building and Construction Industry
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