Consulting and analysis of construction contracts (trade contracts and property developer contracts)
Construction contracts, and in particular developer contracts have a high level of risk regarding completeness, assured costs and the risk of having addenda, but also regarding errors and mistakes. A critical examination of developer contracts helps to minimize this danger and so avoid pitfalls, especially in the case of turnkey services. We assist you, the developer, constructor or construction supervisor, when construction contracts are drawn up with expert advice before the contract is concluded and so help to prevent the occurrence of causes for subsequent disputes.
Lump sum quotes are frequently deceptive quotations by construction tradesmen or property developers. The true scope of the costs only becomes evident during or even after completion of the construction work. Immense increases in costs are no rarity, but often the rule. The basis for this is usually construction contacts that have been skilfully formulated in their favour by subcontractors. Experienced appraisers check the factual justification on the basis of the contract documents and how appropriate the amounts are that are being requested in retrospect. Unjustified additions can be avoided and excessive costs reduced.
Constructional and business consulting and support when dealing with turnkey constructions
A property developer who is not familiar with construction technology is often quite helpless when faced with experienced construction professionals. This applies in particular if the developer is not represented by a trustworthy person of his choice who is experienced in construction technology. If there are problems with the construction work flows, notifications of problems or delays, or additional claims for costs, we stand by the developer in a consulting capacity and represent his interests, helping to prevent disputes, cost increases or deadline overruns.
Residential areas / usable areas
Discrepancies of more 10% from the area specified in the rental contract are the basis for a material defect both under residential tenancy law and also in the commercial sector and which justify a reduction in the rent. Would you like to have the details of the dimensions specified in a rental or purchase contact checked by an independent person? For your safety, our engineers measure all residential and usable areas on site in accordance with the current regulations.
Technical support for partial and final acceptances and acceptances before the end of the period of limitation for claims regarding the making good of defects
The developer / constructor / client confirms with the acceptance of a construction service that the work has been completed in accordance with the contractual agreements and that the contract has been fulfilled. The burden of proof for the presence of defects is then shifted onto the client. However, the developer or constructor does not always have the time or the technical competence to meet this obligation properly and in full. An appraiser with considerable practical experience and who is qualified in construction matters is a helpful partner when checking that the work has been done in accordance with the legal standards and the contract. He can discover defects in workmanship, point them out in writing to the subcontractor and monitor the making good of these defects in the correct way and on time.
Support in dealing with defects under warranty
The developer or constructor are often confronted with construction defects within the period of limitations for claims under warranty; these being as a rule within two to five years of the acceptance. A qualified appraiser assesses the defects that have been found, checks who is responsible for them and initiates in writing the making good of these defects with the construction company / tradesman, monitors how this is done, and accepts the services once the defects have been made good.
Taking of evidence
Some forms of construction work not infrequently lead to damage in the immediate vicinity. Mostly this concerns subsidence or cracks. Before starting construction work it is advisable in critical cases to document in a conclusive way the constructional state of adjacent buildings or structures. This documentation forms the basis for answering the question as to whether the damage was of long standing or had been caused by the new construction work of the developer.