Commercial, Contractual, Planning & Programming: Risk Analysis & Risk Management

The Vision of Ramskill Martin is the development and delivery of Solutions That Make Business Sense for its Clients. When developing these solutions, the intention is to preserve ongoing business relationships wherever practicable. Ramskill Martin’s approach is always proactive with the aim of resolving issues before they escalate into a contentious state or a formal dispute.

Ramskill Martin's Risk Analysis and Risk Management (“RAM”) Services are focussed on providing early independent assessments in respect of Entitlement and Liability for Commercial, Contractual, Quantum and Delay and Disruption, associated Liquidated and Ascertained Damages, and General Damages. Our Products and Services in respect to Risk Analysis and Risk Management include but are not limited to the following:

Risk and Reward Review

A Risk and Reward Review is a review or analysis of any aspect of a Construction Project involving Commercial, Contractual or Quantum issues that carry or are likely to carry a risk.

The Cost Benefit of a Risk and Reward Review is established by enabling Clients to make informed decisions before embarking upon expensive formal processes or pursuing planned strategies.

The Purpose of the Risk and Reward Review is to provide a high-level assessment of the liability and entitlement in respect to Commercial, Contractual and Quantum related matters and identify the Risk and any potential leverage which can be vital in a successful negotiation.

A Cost Benefit Analysis is often adopted by Clients to enable them to consider the financial viability of progressing a Claim or commencing a formal process at an early stage. Where the pursuance of a claim is not viable in a formal process ramskill martin will wherever possible, provide advice on alternative commercial strategies.

7 Benefits of Adopting a Risk and Reward Review

  1. A cost effective and quick approach which establishes the risk and opportunities within the project.

  2. Information is provided in a precise and clear manner which can be easily interpreted by senior management.

  3. It causes minimal disruption to the Client's Project Teams.

  4. A quick turnaround of the report minimises the likelihood of differences escalating.

  5. It avoids the likelihood of abortive effort from developing a case which is unsustainable.

  6. It quickly provides a high-level assessment of liability and entitlement regarding commercial, contractual and quantum matters.

  7. It helps Clients avoid formal disputes.

Commercially Focussed Delay Analysis

A specific and highly focussed review and analysis of an identified delay event, a window or a period is referred to as “the focussed scope” and that is what constitutes the Commercially Focussed Delay Analysis (“CFDA”).

Depending on the Clients’ requirements, the cost benefit of using a CFDA in place of a full Delay Analysis can provide up to a 90% reduction in an otherwise expensive fee bill.

The purpose of the CFDA is to provide a targeted, relevant and easily understood report which:

  1. Quickly provides a high-level assessment of liability and entitlement in respect to delays and time.

  2. Identifies the Risks and the potential leverage vital in a successful negotiation and reduces the likelhood of an escalation to a formal and protracted dispute resolution procedure.

6 Benefits of Adopting Commercially Focussed Delay Analysis

  1. A cost-effective solution to otherwise expensive problems.

  2. It provides precise and clear information which can be easily interpreted.

  3. It causes minimal disruption to our Client's project teams and resources.

  4. A quick turnaround of the report minimises the likelihood of differences escalating.

  5. It reduces the requirement for a full Delay Analysis.

  6. It helps Clients to avoid formal disputes.

Bid Writing Assistance 

Ramskill Martin's Bid Writing Assistance is a focussed assistance for Contractors and Sub-Contractors who are preparing Bids. This includes Commerical, Contractual and Time Related matters.

The cost benefit of this service is that it identifies risks and opportunities in respect of commercial, contractual and time related issues prior to the Bid being finalised.

Contract Reviews

Ramskill Martin has extensive experience in reviewing Standard Forms of Contract, Non-Standard Amendments, and one-off Bespoke Contracts. 

The delivery system adopts a "RAG" or "Red, Amber, Green" methodology accompained by a detailed narrative and suggested amendements. 

The notes and narrative are user friendly, practical, commercial, and meaningful to Contractors and Sub-Contractors’ Commercial and Operational Team.

Stress Testing of Programmes

A review of programmes including logic,logic links, constraints, resources, critical path(s), risk allowances and other relevant time related issues. 

The cost benefit of an STP is that it enables you to make informed decisions and create programmes which are more commerically and contractually robust. 

A STP provides cost-effective services tailored to your businesses specific needs; giving cruical, valuable assistance and advice at an early stage of the procurement timeline.