Hesketh Contract Services
Hesketh Contract Services

Experience

Below is a synopsis of some of the firm's experiences. The list is not exhaustive and is intended to give an impression of the breadth and depth of the competences and acumen that is currently retained in the firm.

Africa

Within the scenario of election annulment and cessation of funding for a government Parrastatal, developed exit strategy for contractor handling major infrastructure works through multiple contracts at various stages of completion. Developed legally compliant payments offset strategy; prosecuted practical execution of strategy; appeared before investigating committees. Negotiated final status on all contracts. Offset unutilized contract advance payments. Established and presented prices and conditions for recommencing selected projects.

Successfully represented established contractor before military state tribunal concerned with due process and correctness of final accounts of all previous contracts executed for the state.

Represented a federal infrastructure contractor on wrongful termination. Included preparation and submission of engineer’s decision. Ensuing commencement of arbitration and litigative defense against Federal government actions to use the courts to suspend the arbitration process. Enabled arbitration to proceed and obtained award in the contractor’s favour. Included representing contractor at ministerial level.

Identified, developed and executed a successful initially defensive then offensive strategy for the accelerated procurement and delivery of an onshore gas compression installation within a $200 million EPIC contract in one of the most difficult environments in the oil and gas industry.

Reviewed all pre-contract documentation. Evaluated and priced contract risk. Chaired tender preparation submission committee for 1000 km cross national oil pipeline for a European Joint Venture.

For a pipeline construction company start-up: prepared all draft contract documentation, for example: procurement, forms of sub- and supply contracts. Reviewed all tender submissions for contract risk and evaluated respective cost or excluded as necessary before submission. Set up contract and administrative procedures, checklists, review requirements for different levels of the contract documentation and correspondence. Mentored and monitored first 12 months of operation which included contract managing first 32 inch onshore gas pipeline project.

Conducted all contract correspondence for the supply and erection of one of the largest brick factories in Africa. Prepared and prosecuted final contract claims.

Managed contractors response to the Federal government request for various BOT (Build Operate Transfer) road proposals. Drafted appropriate contracts. Advised Ministry of Justice and Works and Housing on appropriate enabling legislation. Negotiated terms and conditions with financial institutions and insurance houses. Presented final proposals at federal level.

Negotiated contract and administered through to final account and collection for a major european contractor engaged in the execution of a turnkey residential township including all infrastructures and support utility plants.

Substantiated and prepared all the final claims on behalf of a large european contractor undertaking a subcontract for civil works on a statewide surface water gathering and purification plant and distribution network.

China

Advised a land holding property developer on appropriate forms of Contract and security with regards to financing designing and building a hotel casino in the centre of a commercial hub.

Europe

Prepared, negotiated and settled post–completion, pre-maintenance certification final accounts for sewage treatment works.

On fast track expansion of an operating paper mill set up and devised governing law and contract compliant strategy which converted a fixed-price contract into cost plus. Assisted in establishing inadequacies in existing contract for type of work required and acceptance thereof. Set up procedures for notifying and accepting cost. Administered contract successfully through to receipt of final payments.

Nuclear Installation: Set up and administered response matrix to client actions and inactions as required by the contract. Monitored appropriateness of response and intervened as and when necessary.

Prepared final accounts including requests for additional reimbursement for troubled steel rolling mill extension.

Assisted a hotel property developer in drafting tender documents evaluating subsequent bids. Administered all correspondence between the client and all parties including licensing permits, environmental acceptance (turtle breeding ground) main contractor relationships, nominated subcontractor negotiations and monitoring of execution and claims defense.

Advised large established European contractor on cross jurisdictional unfair practices suites with regards to award of a major contract by an oil major defendant to a client’s competitor.

Middle East

Mentored client on all contractual correspondence, adoptions of minutes of meetings, etc., throughout the design and construction of a military hospital.

Prepared requests for engineer's decisions and subsequent successful presentation to arbitration for international European joint-venture contracting 500 km of road through three of the highest mountain ranges in the region.

For a large European blue-chip contracting venture engaged on one of the largest hydro electric dams in the region: Drafted multiple requests for engineer's decisions (Dams, ancillary work, tunnels, bypass works, blasting, etc.). Prepared and presented notices of intent to arbitrate (all engineer's decisions ) selected legal team, represented venture before ICC tribunal in Paris to successful award (US$ 176 million). Assisted in judicial enforcement and recovery of award amounts across various jurisdictions.

For an international contractor engaged in the turnkey construction of several aerated concrete plants throughout the country: administered close out contract correspondence prepared requests for engineer's decisions, negotiated and settled same.

USA

For a high value building works contractor and property developer concerned about lack of recovery. Reviewed all existing contracts, forensicly established true cost for each. Compared these costs to expected revenue. Advised on appropriate internal staff changes. Defined and enforced internal change order procedures and approvals as a precursor to contact expenditures. The company's margins increased considerably thereafter.

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