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 carefully 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 together with technical
construction experts.
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 dispute, the rights and remedies of all the parties entering
into 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 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 which 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.
