The Technical Advisory Department arose out of a need in the market for
experts
who can address technical issues in contracts, that have legal implications.
This
new Department aims to serve specialised sectors such as the construction,
healthcare, insurance, petroleum and other technical industries
Construction Advisory Division
Overview:
Under this new Department, we have introduced a specialized Construction
Advisory Division with a mission to review and audit construction contracts
prior to signature by our clients. Why is this Department different? TLG are
experts at construction law but now have joined with technical construction
experts to provide better services to the clients.
Prevention is better than
cure. It
is much easier and less costly to prevent a problem from
occurring than
to solve the problem after it has already occurred.
Many clients are
disappointed to
know during litigations that contract limits or prohibits
their right to
recover a claim and that the contract shifts risk to them
unfairly.
Arguments over the
contract language
and its application typically ends up in expensive
litigation where
attorney fees and cost diminish any recovery a contractor
ultimately
receive.
A Construction litigation
case may
be lost, if there’s no Technical Advisor working with your
lawyer to
represent the technical facts to the Expert appointed by
Court.
Misrepresentation of those facts may have a negative outcome
on the
Expert report and the court decision, which may lead to
losing an
otherwise solid case.
Why It is important for companies involved in construction to have their
contracts audited and reviewed by our team before agreeing to the terms and
signing them:
- Contractor is often obliged to enter into contract agreement that has
been
prepared by the owner or main contractor and issued to the contractor as
part
of the tender documents. While the contractor may believe that his
proposal
covers all the conditions and qualifications he wishes to be included in
the
agreement with the owner or the main contractor, unfortunately the
language of
the contract may limit his rights and restrict them to the original
terms of
the contract thereby, increase his risks.
- If you don’t have your contract reviewed by us, the result can be
catastrophic, but if you do, not only you will minimize your risk of
costly
litigation, you stand a much better chance of defending claims,
collecting
money, prevailing in any dispute and/or litigation and sustaining either
a
business you have worked so hard to maintain or a project you own.
- In the event of a dispute, the rights and remedies of all the parties
entering into a construction contract will be determined by the terms of
the agreement(s) between the parties. The written language that is
contained in an agreement is so critical because a judge, jury, or
arbitrator will treat the written agreement as to the best manifestation
of what the parties agreed to, not what was verbally said or promised
before, during, or after the contract was signed.
Our Goal is to assist our Clients to
anticipate issues that may result in costly litigation and court awarded
damages. Construction Advisory Division helps our Clients to understand
their obligations and risks, while we best serve them by minimizing risk and
preventing expensive litigation.