ABS Construction Claims Limited
ABS have been commissioned by many clients since forming the consultancy in February 1993. The ABS distinctive is that we represent the "smaller guy" in his securing payment from the "bigger guys" in the difficult environment that is the UK Civil Engineering and Building Industry. We are also experienced in dealing with construction contractual matters abroad.
We believe that dispute avoidance is our speciality and seek to work with you from the outset of your obtaining an invitation to tender, through the post-bid, pre-contract negotiation to ensure the most commercially and contractually favourable terms and conditions of the contracts, or sub-contracts, for you - as you enter into formally written working relationships with the Main Contractors in the industry.
We can then work with you and your in-house operational and commercial teams, to secure the best post-contract position for notices and claims under the relationships forged above, as your work moves to completion.
If necessary, we can act for your in Third Party formal dispute resolution - primarily Adjudication.
Please see our photo gallery, my CV and the outline of the 4-stage service and training menu we offer.
We look forward to helping you recover what is rightfully due to you.
Andrew B Stupple
Upon receipt of tenders and where the subcontract is of particular interest to you, simply send the terms and conditions and other documents composing the tender through to ABS electronically and within 3 working days, we can turn round a brief contract review checklist, so that you are aware of the terms and conditions that need to be accounted for as "danger points" before submitting your price.
Normally no immediate action is required, but as soon as your tender then becomes of interest to your prospective Client, you can use the report as your checklist of items that you wish to clarify before entering into contract.
It is normally at this time, because you are the lowest price and interest has been expressed by the potential Main Contractor, that it offers the best opportunity to negotiate terms and conditions - so that real "showstoppers" are not included in the final contract agreement.
Lump sum for each report: £375 plus VAT
Prior to entering into a formal subcontract agreement, the correspondence post-bid, pre-contract can be catalogued and inclusion of all necessary agreements between the parties during the period properly incorporated into the subcontract agreement.
A read through the final proposed documentation, ensuring that all matters raised in the tender review have either been resolved or ultimately incorporated, should lead to all contracts that you undertake being the best possible terms that could be negotiated in each and every case.
Lump sum for this service: £300 plus VAT
Post Contract Oversight
Once on-site works commence, a monthly review of progress against the agreed programme (including, where necessary, an analysis of actual labour expenditure against the planned labour resource within the original programme) will be undertaken to see if there exists any grounds for extending subcontract time. In such instances, relevant correspondence and substantiation can be provided by ABS to make sure that notice provisions contained within subcontracts are fully complied with to prevent any condition precedent "bars".
Likewise, the monthly review will also look at substantiation for quantum for any additional direct loss and / or expense (or Compensation Events) to make sure that the pleading of money is likewise not in any way time-barred by condition precedents. Such findings will be incorporated in the monthly applications for payment, so that the liabilities recorded by the Main Contractor are legitimately as high as possible, as far as it relates to your works.
As the nature of this work will vary month by month, it is proposed that the ABS rate of £75.00 per hour plus VAT will be employed. Should a month or two months require more concentrated input to prepare documentation for extension of subcontract time formally or presentation of direct loss and / or expense or Compensation Events, by way of claim, then lump sums can be negotiated at that time.
It is hoped that this stage of service will be required less and less as you take on the ABS service, but should it be necessary for resolution of potential disputes then the full claim service package can be offered.
Given the nature of such work can vary from contract to contract, it is proposed that ABS would prepare a lump sum fee bid to prepare documentation stage by stage if required.
Stage A: Formal Presentation of Substantiated Account
Stage B: Presentation of Referral to Adjudication / Arbitration / Court
Stage C: Representation at meetings / hearings / interlocutory matters to seek resolution prior to a formal decision being made by third party.
On - going Training outside the 4-Stage process
If any training seminars are required this can be for the lump sum of £650.00 plus VAT and the topic(s) can arise naturally from the process set out above, as you discern the areas you need to deliver further training into.
We hope this gives you the framework around which the commissioning of ABS in 2017 and beyond could be helpful to you and that a working relationship with your team will enable the 4-stage service to be relatively seamless in the week-to-week working of your company.