Challenge
Organisations need to procure wisely and optimise value for money from their contracts. The commercial structure chosen for any project or programme is fundamental to how it is developed, designed, and delivered. We help our clients and the supply chain navigate these complex issues to plan, develop and enter into agreements and contracts that deliver what is needed to achieve the technical and commercial outcomes required.
Approach
We offer strategic advice and support in understanding the outcomes and objectives our clients wish to achieve at conceptual enterprise level and explore the fit of solutions such as holistic procurement. At programme and project level, we provide advice on commercial strategy, considering strategic importance and value, the desired business outcomes and understanding constraints and risk appetite.
Once the commercial strategy and model has been selected, we support clients in developing acquisition and procurement strategies, often in the context of business cases. We work with cross functional client teams to develop requirements, critical success factors, the structure of the procurement and the design of the tender. Designing tenders requires a holistic definition of value incorporating factors such social value and carbon footprint. We work with our clients to successfully embed these aspects into tenders.
It is important to establish the correct organisation to manage the form of contract being used. Nichols can design the right organisation; help populate it where necessary; and mobilise experts to work with the client to deal with specific changes or claims.
We promote the client’s interests through early and effective market engagement in order to attract and build the most capable supply chain, run efficient competitions, manage the procurement process, supervise technical, legal and financial advisors, advise the board and obtain board level decisions.
In the event that a major dispute arises, Nichols Expert Witnesses have a proven track record in providing services across a broad range of commercial disputes, including: contractual claims; arbitration; adjudication; mediation; litigation and as independent experts on project and programme management for major infrastructure contracts.
Benefits
Our commercial strategy approach helps our clients understand the commercial options available to deliver their specific objectives together with the risks and associated opportunities. We provide advice on the appropriate organisation to have in place to allow our clients to manage their project or programme to a successful commercial conclusion. In complex projects and programmes, disputes can arise despite the best efforts of all parties, and, where this occurs, we can assist as advocates of the client’s case, Expert Witnesses or as informal arbitrators.
