SERVICES Disciplines

Contract Engineering and Claim Management

Transproject provides construction, concession and consulting contract engineering and claim management services to all participants of projects in the construction industry: Titleholder (including Concessionaire and Concession Authority - Government), Contractor, Subcontractor, Designer, Supervision, and Provider.

Principal activities of the Contract Engineering and Claim Management, for development of the effective contract administration with or against contractual part, are:

Pre-contractual period

• Determination of the type of Construction Contract – only Construction or Construction and Design or Engineering, Procurement, Construction, as well as modalities of the Concession Contract and Consulting
• Determination of the Terms of Reference and other necessary documents for bidding, including responses to inquiries made by the bidder
• Consulting to titleholder during evaluation and offers selection,as well as the corresponding negotiations.
• Elaboration of the mentioned contracts.

Contractual period

Contract Administration: -Definition of the responsibilities and the rights according to the conditions and terms of the contract. - Elaboration and composition of the contract communication, including variation orders. - Organization and establishment of the flows and of the files of the contract correspondence, different registrations of the contract life and its anomalous occurrence. - Contract protection and contract preventive, with the surged disputes. - Audit and evaluation of the contract situation and planning analysis and control. – Acceptance or rejection of change orders. - Negotiations and different types of contract procedures between the parts and participation in the corresponding meetings, including elaboration of all type of claims, which could be presented for:

• Quantity related costsaffecting direct costs
• Time related costs , affecting general expenses, standby (idle) of manpower and equipment, and other related costs
• Associated costs
• Extension of time:excusable - (none) compensable, inexcusable, concurrent delay

Claims management originated by: - Change of character, form and quantities of work,- Additional work,- Unforeseeable physical conditions,- Discrepancies and defects of the contract documentation,- Delays occurred by variations,- Lack of right of access to the site,- Lack of drawings and/or instructions,- Additional, delayed or defective drawings and/or instructions,- Suspension or interruption of work,- Change in activities precedence,- Force Majeure and fortuitous case,- Other delays,- Acceleration orders of work,- Change in legislation etc.

Claims based on: -The terms and the conditions of the Contract Documentation - Contract: General and Particular Conditions, if they are so define, or in case of concession, Bid Bases, followed with Specifications, Drawings, Offer, Explanations, Complementary Agreements and other contract documents; - Letter and spirit of Contract and its several dispositions: Objectives of the particular documents and their precedence, contractor obligation to execute the works and to provide resources, and in case of concession, concessionaire obligation to finance, then variation of conditions, advance and monthly payments, adjustment of costs and retention, performance security, terminations and certificates of terminations, repairs and maintenance, conditions of penalties and liquidate damages, and particularly for concessionaire, to design and to operate and his right to exploit and finally transfer etc. and finally different obligations of the employer, or in case of concession, different obligations of government authority.

Claim presentation according to the claim procedure:

• Precise records of the events and the respective documentation
• Notice of intention to claim,
• Establishment of cause and variations and delays impact,
• Establishment of claim grounds
• Calculation of base costs and associated costs or number of delayed days,
• Change of correspondence and meetings with other party,
• Reports,
• Award or negotiation or arbitration (litigation)

It will settle down: - When and how elaborate claims and its notifications, - Measurement and quantification of the variations and/ or delays impact, - Interruptions of critical path, - Noncompliance of the parts, - Assignment of risks to the parts according to the particular contract practice and international practice. - When and how to introduce a lawyer and/or other experts, if required, - Expectations of the claim resolution.

Closing and balance up of contract.

Direction and consulting in arbitral processes.

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The service of the Contract Engineering and Claim Management are carried out by a person - consultant or by an expert group of civil engineers, and, if and when required, by lawyers as assistants to the engineers. The service could understand a spontaneous incorporation of consultant or of group contracted in the managerial structure of the client, by means of a free flow of information with all departments related with the contract aspects and by means of a team work with the related experts and management of client.

Investment in the service of Contract Engineering and Claim Management is above all one managerial act of high economical benefit, since that contract noncompliance of the other part or due to other circumstances outside of control of the client, could carry the client entity to the unjustified damages of magnitude. The contract defense guarantees a security and serenity in complete administration of the project and guarantees the recuperation of the costs, both expected and unexpected.

The service could be contracted with Transproject company, for a limited period according to the determined work or for the period of project duration, as a permanent work, paid as monthly or weekly remuneration, per hour or according to the determined work, and executed on the site or in the head office or in form combined, according to the requirements of the particular work.

Contract Engineering and Claim Management services are providedto all Transproject´s environments of construction industry, as follows:

SERVICES ENVIRONMENTS

• Hydro Power
• Solar Power
• Wind Power
• Power Transmission
• Irrigation, Drainage, Rivers Regulation
• Water Supply, Waste Water, Water Purification
• Transportation
• Harbors
• Architecture
• Mining