In long-term contracts, correspondence between the parties plays a crucial role. This role is no less crucial than in the case of construction. Correspondence always narrows more general provisions in the contract to define how it is executed. In more extreme cases, it changes the contract provision, often without the parties taking note of such change.
It is therefore important that correspondence be reviewed and minutes of meetings be monitored, to allow legal pre or post-review. The contract can specifically provide for a certain delay to allow the legal to review correspondence or minutes of the meeting would be final. In case of conflict with contractual provisions, legal may within a delay, intervene to allow review of certain operational decisions.
The review process requires two components. There should be a combined review of the technical and legal into the correspondence. The second is the proper use of software to categorize and assist in the review of specific correspondence.
I&D is partnering with an engineering consultant firm to allow us to provide this service in a manner that is unique to the markets in which we operate. It begins with a review of the construction contract and a review of what may restrict or alter its provisions.