Services

Law Gate is a techno-legal consulting company with a team of well experienced engineers, lawyers & arbitrators on board.

We offer varied services in the infrastructure construction sector, we specialise in :

Claim & Contract Management Advisory

Law Gate offers comprehensive claim and contract management services in the field of construction litigation. Our expertise in this area enables us to effectively navigate the complexities of construction disputes and provide tailored solutions to our clients.

Our claim management services involve the identification, analysis, and preparation of claims arising from construction projects. We work closely with our clients to understand the intricacies of their specific disputes and develop strong arguments to support their claims.

Our experienced team combines legal knowledge, industry expertise, and meticulous attention to detail to maximize the chances of a successful outcome.

In addition to claim management, we provide contract management services to ensure that our clients’ contractual rights and obligations are protected throughout the litigation process.

This involves a thorough review and analysis of construction contracts, identifying potential issues, and advising on strategies to mitigate risks.

We also assist in contract administration, including interpreting contractual provisions, assessing compliance, and managing contract variations.

Our goal is to support our clients in effectively managing their construction disputes by providing strategic advice, thorough documentation, and diligent representation. We strive to achieve favorable resolutions, whether through negotiation, mediation, arbitration, or litigation, while always keeping our clients’ best interests at the forefront.

Arbitration Management

We specialize in delivering comprehensive arbitration management services specifically designed for the construction sector.

Our proficiency in this area enables us to adeptly handle and navigate the complexities of arbitration proceedings related to construction disputes, ensuring our clients receive efficient and strategic representation.

Our arbitration management services cover all stages of the arbitration process.

We commence by evaluating the feasibility and appropriateness of arbitration as a dispute resolution mechanism for our clients’ construction-related disputes. Through careful analysis of contractual provisions and relevant laws, we determine the applicability of arbitration and provide informed guidance on the most favorable course of action.

Once arbitration is deemed the preferred approach, we assist our clients in drafting and reviewing arbitration clauses within their construction contracts. Our aim is to ensure these clauses are robust and comprehensive, offering strong protection and guidance. We also lend our expertise in guiding clients through the selection of arbitrators and arbitral institutions, leveraging our extensive knowledge and experience within the construction industry.

Throughout the arbitration proceedings, our team of skilled professionals diligently manages every aspect of the process. We meticulously prepare and submit all necessary pleadings, including statements of claim and defense, while effectively representing our clients during hearings and proceedings. Our approach includes thorough evidence gathering, meticulous legal research, and compelling argumentation to bolster our clients’ positions.

Additionally, we provide strategic advice on settlement negotiations and alternative dispute resolution methods, always striving to secure favorable outcomes for our clients. Our overarching goal is to protect our clients’ interests, maximize their chances of success, and ensure efficient management of the entire arbitration process from start to finish.

With our deep understanding of the construction sector and our expertise in arbitration, we possess the necessary tools to navigate the intricate landscape of construction-related disputes. We are dedicated to providing tailored and effective arbitration management services that align with our clients’ unique needs and objectives.

By leveraging our deep understanding of the industry, legal proficiency, and comprehensive knowledge of ever-evolving technical fields, as well as the intricate relationship between regulatory frameworks and commerce, we develop tailored strategies that prioritise our clients’ commercial and broader interests.

In the realm of arbitration, we adeptly handle both ad hoc and institutional arbitration proceedings, governed by the provisions of the Indian Arbitration and Conciliation Act, 1996, as well as prominent rules such as those established by SIAC, ICC, LCIA, and UNCITRAL.

Our team possesses the exceptional skill of both engineering background paired with legal expertise and employs persuasive and effective oral and written advocacy techniques, as well as skilled negotiation, to leverage our clients’ strengths and enhance their chances of achieving favourable outcomes.

Providing of Expert Witness for the infrastructure sector

Law Gate specialises in providing impartial professional valuation advice to solicitors and other clients involved in construction disputes. Additionally, we offer services as expert witnesses, mediators, and arbitrators when required.
Law Gate is widely recognised as a highly qualified and esteemed expert in this field, often sought after by litigating parties for valuation reports and expert witness support.

Our expert witness team comprises individuals with nearly three decades of professional experience in valuation and advisory services. We understand that dispute resolution and the involvement of expert witnesses can be complex and sensitive areas within property valuation. However, our aim is to provide a comprehensive and objective service in a timely and professional manner.

When appointed as an expert witness, our team collaborates closely with lawyers to prepare and present reports in court or assist in the preparation of documents and witness statements to support pleadings in arbitration cases.

Contract administration and alternate dispute resolution

At Law Gate, we specialise in providing comprehensive guidance to our clients within the infrastructure and construction sector. Our range of services encompasses various aspects, starting from assisting with the drafting of tender and project documentation, all the way to resolving any disputes that may arise throughout project implementation. Taking a holistic approach, we ensure support throughout the entire life cycle of the project, covering project development, contract administration, and dispute resolution.

Our team consists of highly experienced lawyers and engineers who possess a deep understanding of both project development and dispute resolution, allowing us to offer unique insights into the complexities involved.

We have a strong track record in structuring and negotiating a diverse range of construction contracts. This includes standard agreements like engineering procurement and construction (EPC) contracts, operations and maintenance contracts, financing contracts, and joint venture agreements. By leveraging our expertise and industry knowledge, we ensure that our clients receive tailored legal solutions that meet their specific needs and deliver successful project outcomes.

We provide practical and strategic guidance and support in risk management throughout the entire project life cycle. Our approach is rooted in profound understanding and unique insights into both the legal field and the construction industry.

At Law Gate, we have a highly proficient contract management practice, with our team possessing extensive experience in this domain. This has afforded us exceptional insights and expertise in managing large and intricate infrastructure projects. We firmly believe that a comprehensive understanding of contract management is crucial for effectively assessing sector-specific risks within the infrastructure industry.

Our teams offer guidance to clients at every stage of the contract life cycle, starting from the structuring and signing of the contract, all the way through project execution, including claims management, and ultimately contract fulfilment. Each phase of the contract life cycle requires meticulous management to ensure successful completion and compliance with regulatory standards.

The identification and resolution of commercial and legal risks associated with a contract, as well as the underlying relationship between the parties, are of utmost importance. Law Gate provides comprehensive guidance on a wide range of legal and regulatory issues related to project development. This includes in-depth contract review, identification and separation of contentious and non-contentious matters, as well as pre-dispute document preparation and advice.

We help with various issues of the construction sector

Selection of language

All Construction companies must always have the best Techno-Legal Selection of Words while framing of Client Correspondence which eventually & certainly have a Contractual Implication

Manpower, Material and Money

All Construction activities need a detailed knowledge of the work to be delivered thus enabling the contractor to Plan the following:

Manpower Required to timely arrange the same and avoid shortage / idle expense.
Material / Equipment required to timely arrange the same and avoid shortage / idle expense
Money required to enable timely payments, earn minimum expected ROI & avoid idle cost of capital deployed

Definition of completion of work

Contractors at pre-start of work must well document what stage will be considered as completion of work by the client for their particular construction contract – within the contractually agreed time schedule will completion of work be:

Completion of allotted structures
Achieving the Awarded Contract value
Only Client satisfaction irrespective of any of the above
Any Other

Reciprocal promise

A contractor promises to mobilise Men, Material and Money basis a reciprocal promise by the client that he shall provide the Fronts, Drawings, FOC Materials, clearances if any required and payments within a certain determined time schedule which is normally silent in all construction contracts.

We recommend that the contractor must well document all of client obligations smartly and establish all the breaches / failures of the client on account of any of the following reciprocal promises of the client:

Timely Release of Fronts,
Timely Release of Drawings,
Timely Release of FOC Materials,
Timely Release of Clearances if any required and
Timely Release of Payments

Every Contract in the Construction Sector is based on a reciprocal promise by the client that remains silent and needs to be well established by the contractor to save himself harmless of any consequential contractual implication or damage.
lawgate recommends that the contractor must make all conscious efforts to pre-establish and document following : outline to reciprocal promise

Schedule of Finished Structures required
Schedule of Release of Drawings & Fronts in accordance
Schedule of FOC Materials to be issued in accordance to be made available
Schedule of Clearances that shall be provided in accordance
Confirmation of fund availability in accordance for timely Payments

Failure of the Client to provide any of the following amounts to a breach in his reciprocal promise thus not only qualifying the contractor partially to entitled extension of time without levy of LD but also entitles the contractor partially to compensation by way of attracting the provisions of the Indian Contract Act.

Failure by way of delay in reciprocal promise – amounts to a breach
Delay in providing a date wise schedule of Finished Structures required
Delay in providing a date wise schedule of Release of Drawings & Fronts
Delay in providing a date wise schedule of Client issue Materials in accordance
Delay in providing Payments
Delay in providing Form – V and Gate Entry Passes
Delay in providing Clearance & Decisions as required in a certain time.

Section 51 provides that when a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise, unless the promisee is ready and willing to perform his reciprocal promise.

Section 52 relates to the order of performance of reciprocal promises. It provides that where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires.

Section 54 of Contract Act provides that when a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract.
Failure of the Client to Perform his Contractual Obligation as a part of his reciprocal promise to the contract, entitles the contractor to claim compensation by way of attracting the provisions of the Indian Contract Act.

Documentation for claims

Contractor must document appropriately for claim compensation: