The days when contracts could simply be signed and put in a drawer and forgotten are long gone. Blake Newport can analyse contracts to determine where additional value can be leveraged by a more rigorous application of the contract, whether customer or supplier-facing.
We have a proven history of reviewing a problematic contract in isolation or whole suites of agreements where our client believes there is more revenue to be gained. Our expertise is unrivalled in analysing and recovering additional returns to maximise our clients’ revenues from existing contracts.
We are sensitive to the commercial climates our clients operate in and provide advice on how to recover any additional sums, missed opportunities (Indexation) or extra time on a project.
A tried and tested approach we use with a lot of our clients is to adopt a three phase approach whereby:
Phase 1 – Contract Review and Strategy
Phase 2 – Claim / Variation Presentation
Phase 3 – Claim / Variation Agreement.
There are various methods of undertaking work of this nature such as a remote desktop exercise or an on-site / on the ground activity or both - the optimum approach is discussed and agreed with our client depending on the contract, project and the stage of its lifecycle.
This is the key phase in that it provides the nature and extent of the commercial issues and opportunities and the strategy to be adopted in realising those opportunities. The timescales for the production of the Phase 1 report will be agreed as part of the scope definition for the services.
To ensure both Blake Newport and the client's team are working with one common goal, there may be a necessity to demonstrate to the relevant delivery / account teams the historical benefits from similar initiatives Blake Newport has undertaken.
At the foundation of this Phase will be the use of any existing client policies and procedures, workflow diagrams, contract documentation, e.g. Contract Baseline Review / Contract Review and Handover Deal Summaries etc.
Phase 1 will be concluded by the presentation of a Blake Newport Commission Report. The report will include:
Blake Newport will not proceed beyond Phase 1 until a strategy is agreed with the relevant Senior Manager from our client.
Phase 2 is the process of preparing and presenting the claims / variations. Again a timescale for this activity will be agreed at the outset of this phase.
Having gained a detailed understanding of the claims, margin enhancement opportunities and the Acccount team involved, Blake Newport will undertake the forensic work to prepare the audit trail of documentation and the detailed arguments to maximise the likelihood of successful recovery of the claims and margin opportunities identified.
At the end of Phase 2 Blake Newport will produce a dossier that will contain all the necessary documentation for the claim(s) to be submitted. All supporting evidence, relevant correspondence and information, contractual argument, scheduling impact statement (capturing Critical Path Analysis and Forensic Cause and Effect Delay Analysis) will also be included.
Phase 3 comprises the presentation of the claims and revenue opportunities in accordance with the strategy set out in Phase 1 coupled with the products of Phase 2.
As part of the strategy agreed at Phase 1 it should be decided whether our client opts to use Blake Newport as a direct part of the settlement process or indeed delegate responsibility either in whole or part to Blake Newport. On occasion the use of a third party such as Blake Newport to present, discuss, negotiate and agree difficult issues with our client’s trading partners can assist in preserving the relationship between our client and its customers/suppliers and can often break the deadlock that may exist around commercial issues that may have been prevailing for some time.
From our experience we would recommend our involvement in the settlement process to ensure that the opportunities are correctly pursued, coupled with our vast experience in such matters.