© 2018 by Bedivere Group Pty Ltd             

Commercial, legal and corporate specialists

COMMERCIAL SERVICES

The commercial functions of any project or business can often mean the difference between success and failure.

Whether it’s establishing a sound commercial blueprint or executing commercial tasks, we work across every phase of the project lifecycle to minimise risk and achieve results.

PROJECT MANAGMENT

GENERAL MANAGEMENT

RISK MANAGEMENT

TENDER MANAGMENT

CLAIMS MANAGEMENT

DISPUTE MANAGEMENT

 
PROJECT CONTRACTS, COMMERCIAL AND RISK MANAGEMENT

We understand the project lifecycle from inception to completion, and how project delivery eventuates in operations and maintenance, and ultimate decommissioning.  

 

We work with project owners, financiers, service providers, contractors and suppliers of all sizes, and from a variety of sectors.

Our approach is tailored and “right sized” to our clients’ specific requirements, business, risk profile and culture.

CONCEPT & STUDY PHASE
  • Initial commercial analysis and strategy

  • Stakeholder Management Plan

  • Contracts set-up

  • Concept contracting strategy

  • Early procurement

  • Budget establishment

  • Study estimate review and verification

  • Commercial risk assessment against project economics

  • Commercial due diligence

ENGINEERING & DESIGN
  • Engineering and related services procurement

  • Engineering change management for contractors to ensure entitlements maintained and prosecuted

  • Procurement of long-lead items

  • Review and contract integration of technical documentation

  • Risk review.

CLOSE OUT PHASE
  • Close out planning

  • Final account completion and negotiation

  • MDR management

  • DLP planning / procedures

  • DLP contractual support

  • Lessons learned review and recommendations.

OPERATIONS & MAINTENANCE
  • O&M contracting strategies (e.g. long term / framework agreements)

  • O&M contract templates and guides

  • Contracting preparation for plant shutdowns

  • On demand contracts and procurement support

  • Market testing for long term contracts.

EXECUTION PHASE
  • Development of “rights and obligations” guides for contractors, subcontractors, and owners

  • Development and implementation of project specific templates for use in contract administration

  • Overall contract and commercial administration, upstream and downstream, for owners, contractors, subcontractors and suppliers

  • Drafting of specific contractual correspondence (for example, notifications to avoid time bar scenarios)

  • Project contract and commercial audits and recommendations

  • Variation identification, valuation, preparation, submission and negotiation

  • Claim preparation, negotiation and settlement 

  • Final account management.

PROCUREMENT PHASE
  • Establishment of contracts management systems and procedures

  • Detailed contracts and procurement strategy

  • Preparation, drafting and management of typical procurement documentation and process, such as EOI, RFP, ECI, ITT

  • Drafting and negotiation of more bespoke pre-contract documents as pre-bid agreements, bidding agreements, conditional joint venture agreements

  • Bid strategy, management and review for contractors and suppliers

  • Drafting and review of contract terms, including development of special conditions, using client bespoke forms, Australian and international standards, or drafting entirely new terms to suit unique circumstances 

  • Preparation, review and negotiation of entire contract packages

  • Development and implementation of complex tender evaluation criteria and strategies

  • Conducting award and kick off process.

 
GENERAL COMMERCIAL SUPPORT (SUPPLY CHAIN)

In addition to project or asset based commercial support, Bedivere Commercial also provides general, non project specific support services for clients, namely:

  • Supply chain strategy and optimisation review

  • Development of purchasing and preferred supplier policies

  • Development of robust purchase order terms integrated with usable systems

  • Drafting of such corporate documents as employment terms, executive service agreements, employee share schemes, shareholders documentation

  • Negotiation and settlement of commercial leases

  • Drafting and negotiation of labour hire agreements

  • Energy and other utility procurement.

 
RISK MANAGEMENT

Risk Management is not restricted to the early stages of a project; therefore, we provide tailored risk management services throughout the life cycle of the project. We identify and assess the associated costs and impacts, and how to appropriately manage the risk, should such an event occur, using establish risk analysis and management methodologies.

 
TENDER SUPPORT

Competitive tendering can be an arduous business requiring an intense burst of activity to meet a frequently tight deadline.  Many of our clients find it beneficial to have additional help during busy tenders, and our flexibility means that we can meet this requirement.

We can provide support in terms of tender strategy, contract review, pricing models, tender and document preparation.

 
CLAIMS MANAGEMENT

In today’s competitive market of tighter margins, and onerous contractual requirements, many contracts suffer from contractual “claims”, both upstream and downstream.  “Claim” is a word that can used in number of scenarios, but we tend to view claims as any request from one party to another that is outside the normal cycle of variation, time extension or payment claim approval Conflicts and disputes often arise in projects; therefore, we create a structured claims strategy, offering tactical advice how to successfully prosecute or defend our client’s claims, based on their objectives and desired outcomes. Services provided are:

CLAIM PREPARATION & ANALYSIS
  • Contractual health checks and claims strategies

  • Identification of the events and circumstances leading to the claim and liable party

  • Identification of contractual entitlement to recover cost and/or value

  • Analysis of tender rates and escalation costs

  • Valuation of variations

  • Analysis of baseline programmes, review of their completeness, and review of updated or as-built programmes

  • Delay analysis

  • Disruption evaluation and analysis of production rates

  • Acceleration programme analysis and preparation

  • Compilation of substantiation and all pertinent evidence

  • Advice on termination and suspension and remedies in regard to payment default.

CLAIM MANAGEMENT SERVICES
  • Breach of Contract and Damages

  • Variation

  • Extension of Time and Prolongation

  • Delay, Disruption and Acceleration

  • Security of Payment (and Payment Schedules in defence), and

  • Ex-contractual/Quantum Meirut.

 
DISPUTE MITIGATION & RESOLUTION

We provide pre-contract services that help minimise the number and size of disputes on a contract, ensuring that all parties to a contract fully understand their risks and obligations. In the event of a dispute, our services offered are:

 AMICABLE SETTLEMENT

 Where possible, Bedivere Commercial can actively manage the negotiation of an amicable settlement on behalf of our client. This involves presenting a synopsis of the client’s claim position to the opposing side and participating in subsequent negotiation discussions. Therefore, settlement discussions should only begin when the claim preparation procedure is completed and the client’s position and bargaining power has been fully determined.

ARBITRATION & LITIGATION

 To support clients through either arbitration or litigation proceedings in a proficient and effectual manner, Bedivere Commercial provides services including:

  • Management of claim preparation process

  • Dispute management advice and strategy

  • Preparation and management of legal counsel, experts, factual witness statements and pleadings

  • Compilation and verification of all crucial evidence

  • Attendance at hearings.

EXPERT WITNESS

 The diverse experience of our Directors and consultants, combined with their legal training, allow us to facilitate a quick understanding of complex claim issues and provide a comprehensive expert testimony.

 

To further support our clients through formal dispute proceedings, our expert witness services include:

  • Contract review and analysis

  • Strategic dispute management following independent analysis and review of disputes

  • Preparation of expert reports and expert testimony

  • Time & Quantum analysis and expert evidence

  • Insurance claims.