Anvelo highly commended by the RICS

Anvelo stood out as the company that hit the mark, earning the distinguished recognition of being highly commended by the Royal Institution of Chartered Surveyors. This remarkable achievement underscores the team's exceptional dedication, expertise, and contribution to Dispute Resolution within the construction industry.

Dispute resolution and avoidance are at the core of Anvelo's expertise, and we are proud to be recognised by an industry body that is so highly regarded.

Congratulations to our team!


FIDIC Contract Administration Templates

Streamline your contract administration with our FIDIC Contract Administration Templates. Whether you’re a project manager, legal eagle, or contractor on the frontline, this suite is designed with YOU in mind.

Disclaimer: Our FIDIC Contract Administration Templates are informative guides, not direct legal documents. They offer insights but require professional adaptation for accuracy and compliance. Users are responsible for ensuring that any modifications or applications of these templates align with their specific liability and intended purposes.

Type in your details below to receive your FIDIC Contract Administration Templates:

 

Templates included within the suite:

  • FIDIC - ANV00 - 000 Letter Template
  • FIDIC - ANV01 - NXX - Description - Notice for delayed Drawings or Instructions (Sub-Clause 1.9)
  • FIDIC - ANV02 - NXX - Description - Submission of Plant and Contractor Documents (Sub-Clause 4.1)
  • FIDIC - ANV03 - NXX - Description - Submission of a Revised Programme (Sub-Clause 8.3)
  • FIDIC - ANV04 - NXX - Description - Appointment of Contractor's Representative (Sub-Clause 4.3)
  • FIDIC - ANV05 - NXX - Description - Application for Interim Payment Certificate (Sub-Clause 14.3)
  • FIDIC - ANV06 - NXX - Description - Application for Final Payment Certificate (Sub-Clause 14.11)
  • FIDIC - ANV07 - NXX - Description - Notice of Unforeseeable Physical Conditions (Sub-Clause 4.12)
  • FIDIC - ANV08 - NXX - Description - Submission of Claim (Sub-Clause 4.12)
  • FIDIC - ANV09 - NXX - Description - Notification - Access to the Site (Sub-Clause 2.1)
  • FIDIC - ANV10 - NXX - Description - Notification - Fossils Discovery (Sub-Clause 4.24)
  • FIDIC - ANV11 - NXX - Description - Submission of Claim - Fossils (Sub-Clause 4.24)
  • FIDIC - ANV12 - NXX - Description - Notification for Delays due to Testing (Sub-Clause 7.4)
  • FIDIC - ANV13 - NXX - Description - Submission of Claim - Additional Testing (Sub-Clause 7.4)
  • FIDIC - ANV14 - NXX - Description - Notification of a Claim for [EOT and/or recovery of additional Cost] (Sub-Clause 8.4)
  • FIDIC - ANV15 - NXX - Description - Notice - Unforeseeable Delay [for disruption] caused by authorities (Sub-Clause 8.5)
  • FIDIC - ANV16 - NXX - Description - Notice of Claim - Taking Over part of the Works (Sub-Clause 10.1)
  • FIDIC - ANV17 - NXX - Description - Interference with the Tests on Completion (Sub-Clause 10.3)
  • FIDIC - ANV18 - NXX - Description - Additional cost due to omission of [insert description of omitted works] (Sub-Clause 12.4)
  • FIDIC - ANV19 - NXX - Description - Contractor's Proposal Value Engineering (Sub-Clause 13.2)
  • FIDIC - ANV20 - NXX - Description - Change in Laws of the Country - Adjustment of Contract Price (Sub-Clause 13.7)
  • FIDIC - ANV21 - NXX - Description - Outstanding payment for [insert details] - Financing Charges (Sub-Clause 14.8)
  • FIDIC - ANV22 - NXX - Description - Notice of Suspension of the Works [OR reduction in the rate of work] (Sub-Clause 16.1)
  • FIDIC - ANV23 - NXX - Description - Delay and Cost due to [suspension of reducing the date of work] (Sub-Clause 16.1)
  • FIDIC - ANV24 - NXX - Description - Notice of loss OR damage to the Works (Sub-Clause 17.4)
  • FIDIC - ANV25 - NXX - Description - Notice of Claim - suffered by the Contractor (Sub-Clause 17.4) FIDIC - ANV26 - NXX - Description -Notice - Force Majeure event (Sub-Clause 19.2)
  • FIDIC - ANV27 - NXX - Description - Notification of a claim (Sub-Clause 20.1)
  • FIDIC - ANV28 - NXX - Description - Claim No. XX - Submission (Sub-Clause 20.1)

AS4000 Contract Administration Templates

Streamline your contract administration with our AS4000 Contract Administration Templates. Whether you're a project manager, legal eagle, or contractor on the frontline, this suite is designed with YOU in mind.

Disclaimer: Our AS4000 Contract Administration Templates are informative guides, not direct legal documents. They offer insights but require professional adaptation for accuracy and compliance. Users are responsible for ensuring that any modifications or applications of these templates align with their specific liability and intended purposes. It is advisable to consult with legal professionals or experts in contract administration to ensure proper usage and minimise any potential liability risks associated with these templates.

Type in your details below to receive your AS4000 Contract Administration Templates:

 

Templates included within the suite:

  • AS4000 - ANV01 - 000 Letter Template
  • AS4000 - ANV02 - NXX - Description - Notice of Intended Subcontractor (Clause 9) Rev0
  • AS4000 - ANV03 - NXX - Description - Notice of Latent Condidition (Clause 25.2) Rev0
  • AS4000 - ANV04 - NODXX - Description - Notice of Delay (Clause 34.2) Rev0
  • AS4000 - ANV05 - EOTXX - Description - Claim for EOT (Clause 34.2(a)(iii)(A)) Rev0
  • AS4000 - ANV06 - EOTXX - Description - Ongoing Delay & Interim Particulars (Clause 34.2(a)(iii)(B)) Rev0
  • AS4000 - ANV07 - NXX - Description - Notice of Variation Direction (Clause 36.1) Rev0
  • AS4000 - ANV08 - NXX - Description - Proposed Variation Response (Clause 36.2) Rev0
  • AS4000 - ANV09 - NXX - Description - Notice of Dispute (Clause 42.1) Rev0
  • AS4000 - ANV10 - NXX - Description - Programming (Clause 32) Rev0
  • AS4000 - ANV11 - NXX - Description - Suspension (Clause 33) Rev0
  • AS4000 - ANV12 - NXX - Description - Legislative Requirements (Clause 11) Rev0
  • AS4000 - ANV13 - NXX - Description - Progress Claims (Clause 37.1) Rev0
  • AS4000 - ANV14 - NXX - Description - Final Payment Claim (Clause 37.4) Rev0
  • AS4000 - ANV15 - NXX - Description - Payment of workers & subcons(Clause 38) Rev0
  • AS4000 - ANV16 - NXX - Description - Default or Insolvency (Clause 39) Rev0
  • AS4000 - ANV17 - NXX - Description - Contractor's Rights (Clause 39.9) Rev0
  • AS4000 - ANV18 - NXX - Description - Notification of a Claim for [an extension of time and or recovery of additional Cost] (Clause 41) Rev0

Anvelo celebrates its first 12 months!

On 25th November 2022, the team at Anvelo were proud to be celebrating our first 12 months in business.

What an amazing ride it has been. Firstly, thank you to all our incredible clients and partners for joining us in the first step of our journey. We certainly look forward to continuing to work with you all.

To our incredible team – thank you for your support and helping make Anvelo a business that we are all proud of! We can’t thank you enough.

Every day, we’re in awe of the amazing things that our team is producing. What we expected to do as initial steps for the business has turned out to be something we never could have expected.

Again, thank you all for your support. We look forward to further growth, celebrating bigger milestones and having even more fun next year!


Clearly Ambiguous! - Contract Review Series - Anvelo

Ambiguous or clear?

I am sure we have all been there, during the project delivery phase, there will be a time where you will hear… “…that is not what we meant.” or “…you are misinterpreting the contract” or even “…you should have allowed for that.” Ok, well, let us review the contract.

 

What is in this week’s blog post?

In this four-part blog series focusing on contract review practices, I will take you through the high-level items I look out for when reviewing contracts, scope of works, departure and clarification schedules, responsibility matrices and more.

 

In part one, I am highlighting the importance of looking for ‘ambiguity’ in the contract documentation. I will show you some examples of ambiguity in contracts and demonstrate the remedy. This is one of many ways one can ensure good communication, clear documentation and start to build trust with the other party.

 
 
 
 
 
 

Contract Review

Scope of Works

The scope of works document provided at tender stage can be ambiguous because a client may not be fully aware or have knowledge of the details for the package of work. This is why a client is engaging a contractor for the work, to get their expertise. However, the contractor must be aware that any ambiguous narrative must be clarified throughout the tender process. For example:

The Subcontractor acknowledges that is has inspected the site, is aware of and accepts the responsibility for all site conditions of which it ought to be reasonably aware of and the subcontract works must be constructed with due care taking into account those existing site conditions.

This scope of works item is perfectly fine being documented in an RFT or RFQ because it will allow the contractor to assess what information, data, evidence and visual inspection are available and the contractor can clarify. However, this item must not make it into the contract unless the contractor is in fact taking all risk on-site all conditions. If not, clarify what documents, information and data were available, if any geotechnical testing was conducted for example, and what was found on the site inspection. Further, detail out in a schedule what site conditions the contractor is willing to take a risk on. Request the following amendment for example:

The Subcontractor acknowledges that is has inspected the Site and the findings are documented within the site inspection schedule “xxx” completed on date (dd/mm/yy). The contractor is aware of and accepts the responsibility for all Site conditions as per report “yyy” of which it ought to be reasonably aware of and the Subcontract Works must be constructed with due care taking into account those existing Site conditions.

I can hear alarm bells ringing already from both sides of the fence. I am not saying the contractor should not take the risk of existing Site conditions but one must be aware of the risk(s) which allows for the valuation of said risk(s). A further amendment is to schedule out which party is responsible for each site condition if known. I have two personal experiences which come to mind, once we were lucky, the other not so much. So, let’s not leave this up to luck.

 

Contract Clauses

In Australia, we tend to use standard forms of contracts, AS4000 family of contracts and GC21 here in NSW for a range of construction, civil engineering, design and construct among others. There are others, of course, NEC3, JCT and FIDIC for our international friends. From recent statistics, 84% of AS Forms of Contracts were amended. Therefore, it is imperative we do not take these for granted, regardless of how long we have worked with them. Here is a straight forward example I found in a contract recently which I believe is ambiguous.

The Contractor may request that any Subcontract Services be tested. The Subcontractor shall provide such assistance and samples and make accessible such part of the Subcontract Services as may be required for such testing. If necessary, on completion of the tests, the Subcontractor shall make good the Subcontract Services in order that they fully comply with the Subcontract.

Let me give you some context, this clause was in a contract for a basement retention package of works, where the subcontractor’s works would have been disrupted by testing. In my view, this is an ambiguous clause because it does not clearly articulate or clarify what is to be tested, when, by what standard, to what quality. Further, “make good” wording is open-ended and cannot be quantified, therefore, ambiguous. One might say the keyword here is “Request” which constitutes a direction. Therefore, the subcontractor is entitled to notify the contractor of the direction and notify of a potential variation to the contract. You would be correct, but the clause is still ambiguous.

One way to approach such a clause would be to request the testing to be quantified and clarified through an Inspection and Test Plan for example. Further, any re-work due to works outside of the scope of works must be instructed.

 

Departure, Clarification and Other Return Schedules

My last point of this week’s blog is any correspondence which is returned to the client must be clear and not ambiguous. The same way you have reviewed the contract document is the same for the tender schedules in return.

I hope you have found this blog helpful and if you require further clarification please do not hesitate to get in contact with us at info@anvelo.com.au or LinkedIn

 

N.b. Nothing in this article constitutes legal, professional or financial advice.

 


Indemnity… …What a Liability! - Contract Review Series - Anvelo

Might as well just give my business away!

When reviewing a contract one of the first places I look in the Contract is Indemnity. Some of you ready this will know exactly why. For those who do not, it is because we need to understand the level of risk the business is being exposed to in the unlikely event of an incident. If you do not cap the indemnity, define parameters and cross-reference with insurances, you might as well just give your business away.

 

What is in this week’s blog post?

 

In this four-part blog series focusing on Contract Review practices, I will take you through the high-level items I look out for when reviewing Contracts, Scope of Works, Departure and Clarification Schedules, Responsibility Matrices and more.

In part two, I am highlighting the importance of understanding ‘Indemnity’ in the contract documentation. I will show you an example of an Indemnity Clause in contracts and demonstrate the remedy.

 

Contract Review

Contract Clauses

In Australia, we tend to use Standard Forms of Contracts, AS4000 family of contracts and GC21 here in NSW for a range of construction, civil engineering, design and construct among others. There are others, of course, NEC3, JCT and FIDIC for our international friends. From recent statistics, 84% of AS Forms of Contracts were amended. Therefore, it is imperative we do not take these for granted, regardless of how long we have worked with them. Here is a straight forward example of an Indemnity clause found in a contract recently:

The Subcontractor is liable for and indemnifies and shall keep indemnified the Contractor (to the maximum extent permitted by law) against:

(a) all cost, loss, damage and expense (including legal fees on an indemnity bases) suffered by the Contractor and any of its employees or agents; and

(b) all liabilities incurred by the Contractor as a consequence of any liability the Contractor has or may have to the Principal or another third party in relation to, arising out of or in connection with the Head Contract, the work under the Head Contract or work under a separate subcontract or consultancy agreement,arising directly or indirectly as a result of or in connection with the performance of the Subcontractor’s obligations under this Subcontract, any breach of Subcontract by or any negligence of the Subcontractor, its employees, secondary subcontractors or agents. However, the Subcontractor’s liability to indemnify the Contractor, its employees, or agents is reduced proportionally to the extent that the act or omission of the Contractor, its employees or agents caused or contributed to the cost, loss, damage, expense or liability.

 

The issue for me is the “all” costs and “indirectly” as a result of the Subcontractors obligations. For me, this is too open-ended, subjective, in fact! Therefore, needs to be defined and capped.

One way to approach such a clause would be to request the indemnity to be capped at X% of the contract value and set parameters. I have given an example of how this clause can be amended to ensure there is some cap to the liability.

The Subcontractor shall indemnify the Main Contractor against foreseeable costs relating to the following which were caused by negligent acts or omissions of the Subcontractor:

(a) loss of or damage to the Contractor’s property; and

(b) claims in respect of personal injury or death, arising out of or as a consequence of the carrying out of the Subcontract Works, but the indemnity shall be reduced proportionally to the extent that the act or omission of the Principal, the Contractor or the consultants, agents or other Contractors (not being employed by the Subcontractor) of the Principal or the Contractor may have contributed to the injury, death, loss or damage and/or the Contractor failed to reasonably mitigate the injury, death, loss or damage.

This subclause shall not apply to:

i. the extent that the Subcontractor’s liability is limited by another provision of the Subcontract;

ii. damage which is the unavoidable result of the construction of the Subcontract Works in accordance with the Subcontract”

(c) the Subcontractor shall indemnify the Contractor againsts foreseeable costs capped at the value set out in “Item X in Schedule 1 of the Contract” (Input Item and Set % of Contract Value in Schedule 1)

The main point of this blog is for construction professionals to make a concerted effort to fully understand the Indemnity Clause. If the clause raises the risk exposure to the business, one must try to negotiate the Indemnity Clause in Contracts. It will limit the liability and protect the business you are working for. There is one thing for sure you do not want this to be open-ended as you might as well just give your business away.

Departure, Clarification and Other Return Schedules

My last point of this week’s blog is any correspondence which is returned to the client must be clear and not ambiguous. The same way you have reviewed the contract document is the same for the tender schedules in return.

I hope you have found this blog helpful and if you require further clarification please do not hesitate to get in contact with us or email info@anvelo.com.au or LinkedIn. View our contract management page for more information.

N.b. Nothing in this article constitutes legal, professional or financial advice.