Binoy Mathews

  • Muscat OM
Binoy Mathews

Skills

Skills

Contract Negotiations

Project Insurance

Construction claims

Oman contract law

Contract interpretation

Bar Admissions

Kerela State Bar,  (October 1996)

COMPLEXITIES HANDLED

  • Negotiated, structured and counseled joint ventures, strategic alliances
  • Authored, negotiated, and administered Shareholders Agreements; and subcontracts
  • Reviewing and negotiating all tender documents including undertaking detailed assessments of critical risks and recommending appropriate mitigation measures.
  • Providing advice to business units on a variety of legal issues including in relation to tenders, subcontracts, procurement, labour laws.
  • Briefing and managing external lawyers as required.
  • Preparing and reviewing claims, notices of dispute, settlement agreements and other legal documents and correspondence as necessary.

KEY SKILLS

  • Use of FIDIC Contracts Claims and disputes
  • Drafting / vetting EPC Contracts 
  • Contractual negotiations
  • Identifying  legal / commercial risks.
  • Drafting Shareholders Agreement,
  • Drafting Joint Venture Agreement
  • Insurance
  • Logistics

MAJOR AGREEMENTS FINALISED

  • Contract for HVAC works – Salalah Airport
  • Part of the contractor's team to finalize the EPC contract for Muscat Airport Project.
  • Contract for Construction Support Services with EPCM contractor for industrial plant
  • Contract for supply & installation of elevators - the Wave Muscat Project.
  • DEWA Contracts for 132 /11kV substations - dubai
  • Part of the Client's team to finalize EPC contract for Power plants / water desalination plants.
  • Power purchase agreement for Oman’s first  solar Power plant.
  • Shareholders agreement for various special purpose project companies
  • Integrated joint venture agreement for DUQM HOUSING project 

MAJOR CLAIMS

  • Variation Claim worth US$ 13 million against main contractor – Oil field – Polymer Flooding project
  • Prolonged Suspension & nonpayment claim - Limitless project Dubai
  • Delay and disruption claims – TV studio
  • Change of law Claims – Various projects
  • Claims with JV partner

Work History

Work History
Feb 2009 - Present

Sr. Manager Commercial

BAHWAN ENGINEERING COMPANY LLC

Contracts 

  • Review of Contracts as per FIDIC,  NEC 3 & other contract regimes.
  • Drafting / vetting Engineering Procurement & Construction ( EPC) Contracts  
  • Contractual negotiations with suppliers, contractors etc.
  • Study of contractual conditions & projecting the legal / commercial impacts.
  • Preparation of various agreements like Shareholders Agreement, Joint Venture Agreement
  • Preparation of Request for Arbitration / vetting answers to Arbitration Cases etc.

Insurance 

  • Managing the insurance team
  • Reviewing the insurance obligations as per contracts and procuring appropriate insurances.
  • Claims Management. 

Logistics

  • Managing the logistics team.
  • Vetting of International Purchase Order terms with relation to INCO TERMS.

Training  

  • Creating awareness on contractual risks among project tendering / execution teams.
  • Have conducted various in house workshops on Contract-Law, logistics & insurance  
Nov 2008 - Feb 2009

Legal Advisor

DAMAC PROPERTIES

  • Preparing tender documentation.
  • Reply to clarifications raised by prospective tenderer on contract documents.
  • Preparation / vetting answers to Arbitration Cases etc.
Sep 2006 - Oct 2008

Commercial Officer

BAHWAN ENGINEERING COMPANY LLC

  • Study of contractual conditions
  • projecting the legal / commercial impacts of contract / tender clauses.
  • Preparing contract documents.
  • negotiations with suppliers, contractors and other external agencies.
  • Drafting of Sub-Contract / Work Orders / letter of intent
  • Preparation / vetting of bonds, letter of credit terms etc.
  • Obtaining insurance ( EAR, CAR, CPM, WC etc) as per contract requirement.
  • Vetting of Purchase Order terms.
Dec 2003 - Aug 2006

Law Officer

MRF TYRES LTD
  • Advising  Various divisions of the company on various corporate and legal issues.
  • Drafting / vetting Contracts, agreements, M.O.U & other legal documents
  • Initiating and defending litigation.
  • Handling of legal aspects relating to purchase / sale of lands.
  • Initiating registration of trademark and copyrights and protecting company's trademarks
Oct 1997 - Nov 2003

Lawyer

C.M. GEORGE & ASSOCIATES.

  • Leading a team of  lawyers.
  • Appearing before Various Courts, and other regulatory authorities
  • Drafting /filing/handling of Suits and the Execution matters ensuing out of the same.
  • Interacting with clients, taking instructions and preparing them for trials etc.
  • Conceiving appropriate legal strategies, after assessment of case history.

Education

Education

Certifications

Certifications

Claims and disputes under FIDIC

Antonino de Fina, University of Melbourne

Use of FIDIC Contracts

David Heslett in partnership with FIDIC

Negotiation skills

Robert C. Bordone - Harvard Law School

Avoidance Of Delay & Disruption

Hill International