The Contract Management team of KGA Avocats assists its clients, be they private investors or public entities, throughout the duration of their complex real estate or construction contracts, i.e. as from the initial discussions or bidding offers, then during construction and finally, after receipt or delivery, up until the expiry of the various warranty or test periods, in particular the 10-year period.
For the Contract Management team, their experience in contractual engineering and the strategy they apply to the questions raised and the action to be taken, is of particular beneficial assistance to their clients. From the initial drafting and negotiations up until final execution of the contract, they closely monitor terms and conditions so as to cover all economic, legal and technical risks for an obvious purpose: to provide the client with the best financial optimization. As part of its assignment, the cross-sector teams of KGA Avocats provide an all-inclusive and vigorous examination of all the contracts involved so as to limit the risks and intervene, if necessary, in crisis management. Additionally, aside from the expertise gained in contractual disputes, KGA’s experience in mediation and amicable resolution of conflicts proves to be invaluable.
Our added value
Our legal team of men and women has developed a strong corporate culture: Design and construction of an auditorium, restructuring of prestigious buildings, construction of civil engineering structures, industrial installations or commercial complexes… the Contract Management team speaks the same language as the technical teams, reasons and integrates the same time-constraints, security standards, or technological risks, not forgetting the financial aspects. Perfectly capable in project mode, the Contract Management’s goal goes beyond simply providing advice, but of being a true and loyal partner of the client on a day-to-day basis.
Some recent examples
Close collaboration with the department of public law assisting a public economic establishment concessionary of a motorway project as part of works to improve access to the structure.
Assistance in the technical management of a luxury department store as part of the improvement of its historic headquarters and its development on one of the main emblematic axes of Paris.
Assistance in the operational structure of a large industrial group dedicated to the production of shows in the framework of the design and construction of a large auditorium located in the southwest region of France. This mission follows on from that entrusted to the department of public law for the assistance given to the contracting authority during the negotiation and follow-up of the Public Works Concession Treaty in the form of an emphyteutic administrative lease.
As part of its « Vade-mecum » offer, the KGA Contract Management team can offer a complete audit on the strengths and weaknesses of nested contracts: a specific document traces the history of the talks between the different players, intricately describes the financial mechanisms of the contract and the most sensitive contractual clauses. Composed of thematic sheets, this document constitutes the ‘bible’ of the contractual relationship. It makes it easier for the management staff to carry out their daily tasks. In the event of a change of teams within the contracting authority, this technical manual of the contract ensures a permanent transmission of the know-how and the skills dedicated to the project
In the project phase, the different stages of contractual execution are planned so as to ensure that each party fulfills his contractual obligations. It is the investor’s living memory, each step is documented and archived. The Contract Management team then follows up the execution of the contract in order to optimize its life cycle. Whether designers, builders, engineering firms, subcontractors or suppliers… a regular check on the obligations of each is carried out in the interest of the project.
The team can also carry out a general review of all the agreements of a company, draft its general conditions of sale or purchase, raise operational and commercial awareness into negotiating contracts.
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