Joshua Olorunmaiye’s Post

My mission: to make sure law is not a distress purchase   It might sound counter-intuitive to hear that a lawyer is dedicated to reducing your legal spend – but it’s become somewhat of a mission for us.   We’re construction and engineering law specialists – working with clients in the UK and around the world. Time and again we see issues occur – often resulting in costs running into the hundreds of thousands – that could have been avoided with more thorough engagement of the parties at the early stages. These arise when parties:   ✖ Don’t take the time to read the contract in detail ✖ Don’t check notice provisions ✖ Don’t discuss the relevant details with teams on site ✖ Add special provisions or clauses that are unclear ✖ Don’t engage an external legal team early   These might sound like simple pitfalls, but whether you are an employer or contractor, it’s still important to get the right support at the outset, to make sure you’re not setting or falling into traps that could bite later on.   If you take the right advice, you will have the opportunity to, for example:   ✔ Remove problematic notice provisions ✔ Create effective proforma notices ✔ Extract key elements to make sure site teams understand them ✔ Reduce risks from simple breaches of terms and obligations    In our experience simple steps such as these not only give parties peace of mind, but they are also a means by which enormous costs incurred further down the line can be avoided.   Early engagement and a spirit of collaboration are the way to ensure your legal spend is predictable and contained, not an unplanned distress purchase.   #bartonlegal #constructionlaw

Elephants never forget. But there aren't many elephants in construction arbitration. Construction arbitration is all about faded memories and hazy recollections. Projects are huge. People move on. Memories fade. By the time a dispute gets ready for an arbitration hearing, the real story of the project may have been largely lost. But the records? The records may live forever. Increasingly, employers and contractors want to take advantage of this. They know that if there is any dispute it will arise late on in the job, often around the final account discussions. At this point, the focus will be on the parties' letters or emails. Site records often become key reference points when claims are scrutinized. What's in those documents will decide the dispute. Here are three things you can do to put your best foot forward on paper: (1) Accept there is a need for a paper trail. Often the project team knows that a paper trail is needed but wants to focus on getting the job done. (2) Write back. Set out your side of the story. A calm, well-written, logical letter goes a long way to steering the conversation in the right direction. (3) Write like everyone is watching. This is especially true for contractual letters, which may need to be written like a judge will read them out loud in court. The best outcome is that an accurate record helps the parties navigate themselves to a solution. If the worst happens, well, at least you'll be properly prepared. What do you do to avoid projects getting stuck in building paper trails? ____ If you want more of these insights sign up for my newsletter: https://lnkd.in/g_mQDNGB ____

It's Thursday, 𝐓𝐡𝐞 𝐀𝐥𝐥𝐢𝐚𝐧𝐜𝐞 day! Many contractor's have become clients of Techno Engineering & Associates Group for the simple reason that their claims have been rejected by the Engineer / Employer because they fail to provide sufficient detail and/or substantiation of their claims. We have the expertise to produce professionally prepared claims, many of which involve complex technical matters, and/or relate to the effects of delay events in pursuit of an extension of time for completion, including quantum analysis of associated costs stemming therefrom. Further, by means of our association with UK based Raven Advisors Limited, we as The Alliance are able to offer "no win - no fee" financing, to ease the commercial burden of professional assistance fees which are necessary to ensure a robust claim as a valuable asset to contractors. In any event, it doesn't stop with the Engineer / Employer, most Contracts have built-in Dispute Resolution procedures prior to, or in place of, taking a disputed claim to the local courts, and we as Counsel can take you step-by-step through the whole process and thus avoid the danger of a breach of procedural rules which is alarmingly commonplace in the industry. We will represent you throughout Dispute Board or similar proceedings, to Arbitration or the local courts as may be appropriate under your Contract. Our commitment to delivering quality and value has made us the preferred choice of countless clients in need of construction techno-legal services and with our partnership with Raven Advisors Limited we can offer our combined services with minimal financial risk to you as claimant. Contact us immediately to discuss your position and let us strategize the most advantageous way forward to achieve your goals. https://lnkd.in/exSw_6E3 #TheAlliance #nowinnofee #claimsmanagement #nocost #expertadvice #claimsresolution #professionalresources #constructionindustry #constructionnews #innovation#disputeresolution

CONSTRUCTION PROFESSIONALS, DOCUMENT EVERYTHING!!!! One thing I have observed while in the legal field is the importance of written correspondence. One of the duties of advocates to their clients is to keep them updated on their case. It is common practice to jot down an email after attending court to update the client on the proceedings. Maybe it is due to the fact that in matters such as those handled in the High Court, correspondences are billed. In addition, the filing system ensures that evidence of the correspondence is well documented and stored. Coming from the construction industry, could it be that we are so focused on the technical aspects of a project that there is a communication breakdown during the subsistence of a project? Case in point, in many construction disputes parties have endless claims as to what ought to have happened in regards to performance of each party. However, despite the various standard contracts providing clear guidelines on correspondence, we often ignore and instead rely on verbal communication, trust and goodwill. Whereas this is ideal in a perfect society, construction is dynamic in nature susceptible to claims that may result to disputes. In Arbitration, it is common to see inadequate evidence due to lack of written communication. This disadvantages parties in trying to prove their case. My advice to construction professionals, document everything; write, share and file those site meetings minutes, formally update client even after a site visit, update all stakeholders on the progress, write that email after the phone call as the contract dictates. The Agency relationship created between us and the client means we owe them a duty of care to handle the project with the utmost professionalism and this includes employing good communication skills. 😊

Demonstrating “Loss of profit” Claim And you are invited to focus on the following para “43. As noted above, in order to succeed in its claim for loss of profits, it was necessary for IM to establish that there were opportunities to take up other contracts, which could be executed profitably. And, it could not take up other contracts as its resources had been held up in the contract in question. 44. Insofar as the other opportunities are concerned, the Arbitral Tribunal had noted that IM had established that there were bidding opportunities for other contracts during the relevant period. IM established that it was open for it to bid for other contracts relating to road works/bridge works. IM was also required to establish that it could not bid for other projects because its resources had been held up in executing the Agreement. It was, thus, necessary for IJM to establish that it had no spare capacities to take up any other contract.” #claims #Delay_Analysis

PEO's "Professional Engineering Practice" guideline addresses this issue in Section 9 and concludes that the Engineer's "Duty to Report" outweighs any obligation of confidentiality when it involves a matter of safety. The guideline uses the Supreme Court judgement in Smith v. Jones and establishes that there are three factors that an engineer must consider. 1. Is there a clear risk to an identifiable person or group of persons? 2. Is there a risk of serious bodily harm or death? 3. Is the danger imminent? In the example above, all three factors are met and the engineer should report. Section 9 provides further guidance on the steps to take. License holders in Ontario should be familiar with the guidelines that Professional Engineers Ontario publish as they offer excellent guidance for tricky situations and everyday engineering practice. Above all, remember that the safety of the public is paramount. #engineering #PEO #professionalengineersontario #ethics #professionalpractice

The Engineer’s Duty to Report versus the Expert’s Obligation to Confidentiality A LEGAL & ETHICAL DILEMMA   On one hand, all laws that regulate the practice of professional engineering in Canada provide that failure to report a situation that an engineer believes may endanger the safety or welfare of the public would constitute professional misconduct on the part of the engineer (e.g., Article 72(2)(c), O.Reg. 941). On the other hand, engineers are obliged not to disclose clients’ or employers’ “confidential information” and must avoid the use of such information to the clients’ or employers’ disadvantage.   In construction litigation cases, these two obligations may occasionally conflict because of the expert professional engineer obligation to both the client and the public at large. Here is one example. An engineer sealed a set of drawings for a farm building prepared by a contractor confirming the adequacy of the structural design without any analysis. The building then collapsed a few years after its construction. During the investigation, the expert witness retained by the lawyer for the engineer discovers that the engineer has sealed the drawings for another 200 farm buildings, all prepared by the same contractor. The expert fears that some of these 200 farm buildings may not have been properly designed and, as such, could be structurally unsafe.   The question that arises from such a scenario is what appropriate course of action to be taken when the “Obligation to Confidentiality” of the expert witness becomes in conflict with his/her “Duty to Report” as a professional engineer. Please weigh in and share your thoughts.

@Athvaidh GV - In addition to the above following also applies to a contractor towards their lossess: Cash Flow Disruption: Delayed projects can disrupt a contractor's cash flow, as they may have already allocated resources, including labor and equipment, and incurred costs without receiving payment. Increased Overhead Costs: Contractors often have ongoing overhead costs, such as office rent, insurance, and administrative staff salaries. Resource Allocation Challenges: Delayed projects can create resource allocation challenges for contractors. Risk of Penalties or Liquidated Damages: Some construction contracts include provisions for penalties or liquidated damages if a project is delayed. Cheers!

I have always said that every practice area has its own personality. You tend to find different characters and passions within each. With #constructionlaw I often see a real love for seeing things come to life. For those starting out in the area or thinking about it as a qualification option, here are some tips. Understanding the industry: Being genuinely interested in the construction process will allow you to grasp the intricacies of the industry more effectively. It will enable you to comprehend the technical aspects, operational challenges, and legal complexities associated with various construction projects. Enhancing your problem-solving abilities: A deep appreciation for the construction process will hone your ability to identify and resolve legal issues that may arise during different stages of a construction project. You will be better equipped to negotiate contracts, settle disputes, and ensure compliance with building regulations. Building rapport with clients and stakeholders: Having a passion for construction will enable you to connect with clients, contractors, architects, and other professionals involved in the industry on a more profound level. Your enthusiasm will instil confidence in your clients and help you build successful working relationships. Contributing to shaping the built environment: Construction Law offers a unique opportunity to make a tangible impact on the built environment. By ensuring legal compliance and facilitating smooth project execution, you will play a crucial role in shaping skylines, infrastructure, and communities. Keeping up with industry advancements: Your love for witnessing the creation process will naturally drive you to stay abreast of the latest construction technologies, materials, and practices. This knowledge will be invaluable for providing the best legal advice and keeping your clients informed about emerging trends.

In this #hardhatOPINION Zuko Peter, a #constructionprofessional, warns about dishonest construction companies exploiting engineers' CVs to win contracts without hiring them. He believes this unethical practice harms engineers' credibility and may lead to legal issues. https://lnkd.in/df_fGC25