During recent years, WAGEMANN Lawyers & Engineers has participated in the development of contracting strategies and contractual framework design on many of the most relevant projects in Chile. Our professionals provide the support that clients need through the following services:

• Comprehensive consulting on a selection of contractual models to be used in a project.
• Consulting on drafting invitations to tender and bidding bases.
• Development of tendering processes.
• Analysis of contractual risks and consulting on assessing/preparing proposals.
• Development and review of contracts of engineering, construction supply, D&B, BOT, DBOT, BOOT, BOMT’s, EPC y EPCM.
• Support during negotiation of contractual terms.
• Development of plans of contract performance.

WAGEMANN Lawyers & Engineers offers a unique support to contract management service, combining the experience of lawyers and technical professionals. We provide consulting services to our clients, which ensures a coherent and integrated administration.

Our service comprises a technical-contractual component, based on periodical support to the client’s contractual management, and a strategic one, having in mind the client’s profile, the characteristics of the other party and the complexity of the contract. Likewise, the consulting services provided by WAGEMANN contribute to uniting the project management´s vision with the viewpoint of the management, central office or headquarters.

Our vision about contractual management is preemptive in nature, since we understand that the main goal of both parties is to finish their projects without exceeding costs and deadlines, and to avoid court proceedings.

Our professionals provide the following services on this particular matter:

• Contractual risk assessment reports (risks and mitigation).
• Training in management and administration of contract for the project’s team.
• Drafting and follow-up of technical and contractual communications.
• Strategy analysis and design.
• Support in management (preparation and analysis) of changes and variations.

We understand that sometimes it is impossible to avoid differences between parties. In this situation, we support management of these differences under the various mechanisms the contract sets forth.

Our professional team provides a unique multidisciplinary service, merging technical and legal elements with the use of supporting graphic tools, thus ensuring complete consistency and understanding of the analysis or presentation of the claim or dispute.

The main services WAGEMANN provides in this regard are the following:

• Comprehensive preparation of claims, in all their technical and legal chapters, including design of supporting graphic material.
• Comprehensive claim analysis, in all their technical and legal aspects.
• Consulting services during claim negotiation process.
• Support during preparation of presentations before Technical Panels, Dispute Boards, technical experts, and in general, Alternative Dispute Resolution Systems (ADRs).
• Strategic support during dispute management under multi-tier clauses.

Experience and deep knowledge of engineering and construction contracts allows WAGEMANN Lawyers & Engineers to have a broad and objective view of the origin of disputes and their corresponding supporting evidence.

We have a senior team, which is up-to-date with the international trends in the determination of deadlines and costs impact, having participated during recent years as experts in the most important court and arbitration proceedings in Chile.

Our specialists provide a highly professional and specialized service in Spanish, thanks to their knowledge of the Latin-American situation. This advantage allows us to perform analysis processes which incorporate local cultural features.

The main services provided by our team in this regard are the following:

• Technical-contractual diagnosis reports identifying strengths and weaknesses of the case subject matter of arbitration or court proceedings.
• Support to litigation law firms during definition of case strategy.
• Permanent technical-contractual support to law firms during arbitration or court proceedings.
• Performance of surveys, technical opinions and expert reports on matters of damage quantification, increased costs, general expenses analysis, disruption analysis (productivity loss) and delay analysis, among others.
• Appearance in arbitration and court proceedings as experts.
• Legal representation in arbitration or court procedures in highly-complex cases.

We have developed experience in training on a case basis thanks to our participation in the infrastructure field for many years. At the same time, we count on a solid theoretical foundation, since our partners develop activities in the academic field.

We develop open training activities, or directed to companies, on the following areas:

• Contract formation, contract strategy and tendering processes management.
• Contract drafting.
• Contract management and administration.
• Dispute Boards and management of alternative dispute resolution mechanisms.
• Dispute resolution (claim management).
• Deadlines and costs impact methods (delay & disruptions).
• Loss of productivity calculation.