Targeted consulting to prevent disputes and protect your interests.
Pre-Dispute Consulting
The extensive experience gained in public procurement allows our company to offer accurate consulting on Amicable Agreements, Settlements, Arbitrations, Technical Advisory Boards, Preventive Technical Consultations, and Technical-Administrative Expert Reports.
The New Code has addressed the fundamental issue of ensuring the continuity of public works, focusing not only on the awarding phase but also on their completion once started.
Due to disputes between parties, which can arise at any stage of a public works project — even before a contractual relationship is established — the execution of public works is often stalled by legal actions.
Disputes arising before the start of work can cause delays related to the “documentation” submitted during the tender process, while those occurring during “active construction” can lead to material damages caused by “interruptions” or “slowed production.”
In such cases, timely resolution of potential disputes has immediate impacts on the quantification of disputed costs and the ability to implement measures that mitigate the dispute, resulting in significant time and cost savings.
From this perspective, managing pre-dispute processes (aimed at avoiding the referral of the dispute to the competent court, thereby keeping it within the parties’ control, and preventing work interruptions) becomes particularly important.
Resolving potential conflicts between parties in a pre-dispute phase ensures that those responsible for executing the project can evaluate their actions and overcome crises in managing their mutual relationships.