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How do you start your contract reviews? Which are the major disputes areas in contracts management?

I will wait reply from specialist ! Jay

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Question ajoutée par Jay Parekh , Contract Manager , Japanese Company
Date de publication: 2013/09/03
Abdul Fattah Hakim
par Abdul Fattah Hakim , Senior Support Engineer Electrical,project manager,commissioning senior engineer , Abu Dhabi Company for Enshore Oil OPERATIONS

scope of work,safety requirement and contracual terms and condations

alessandro panico
par alessandro panico , Contracting&Negotiations Manager Italy and Middle East , Rockwell Automation

Start from the scope of work, then depending on the possible risks search for limitation of liability, change order, exclusion of any indirect damages, intellectual property and indemnity to third party. Then be careful regarding insurance limits and warranty! Hope it helps

Ichehoke Emoga
par Ichehoke Emoga , Quantity Surveyor , Techint Cimi-Montubi Nigeria Limited

Reviewing a contract entails that one understands what his stated obligations are under the contract. If you are uncertain as to your duties, and you sign a contract, you may be liable for breaching the contract. Therefore, review is carried out in the following procedures:

1. You can negotiate the terms of nearly every agreement.

2. Clearly identify the parties in the contract

3. Complete all Blank in the form

4. Check price, amount, duration, Material Estimations.

5. Look for automatic renewals.

6. Determine how risk is to be allocated.

7. Check hold harmless and indemnification provisions.

9. Determine what acts constitute events of default and whether you are able to enter into and perform under the contract without causing a default.

10. Remedies Provisions

11. Check for considerations including ways to terminate the contract if it is not working to your benefit.

12. Check dates and deadlines.

13. Review and understand warranties and representations given by you and the other party.

14. Know all of your rights and responsibilities under the contract.

15. Determine how you want to deal with resolution of disputes. An arbitration or mediation requirement could ultimately save you lots of time and money.

 

While the major dispute areas in contract are:

 

1. Delays on the part of the Client/Contractor

2. Performing work which the Contractor believes was not included in the original tender documents;

3. Performing work which, though including the Contract documents, is more difficult or under different circumstances to that     described in the Contract documents (for example, the Contractor expected to have a clear site but arrived to find a number of other trade contractors working on the site)

4. The principal requesting additional work or deleting work from the work described in the original tender documents.

 

Jay Parekh
par Jay Parekh , Contract Manager , Japanese Company

Read PMBOK rev5

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