Construction Contract Claims

We provide our clients with best value solutions in terms of preparing, appraising or defending claims for extensions of time, prolongation costs, disruption costs, acceleration costs or recovery of disputed variations. In order for a claim to succeed it must have contractual validity, together with the support of factual and accurate records, and clearly establish a cause and effect link. Our wealthy experience in managing claims is as follows:

Claim Strategy: we examine the clients’ objectives and develop a strategy to ensure they are delivered.
Claims Appraisal: we examine the contractual or factual information in attempt for pursuing or defending a claim.
Claims Preparation: in order to succeed, a claim or defence needs to be clear, accurate and draw a close link between the cause and effect.
Delay Analysis: many claims revolve around extensions to contract periods or delays in completion. By using the latest industry techniques and methods, it is easier to demonstrate how various events have impacted upon the projected programme of works, thereby allocating responsibility for the same.
Claims Resolution: many claims can be resolved by successful negotiation to a clients satisfaction, without the need for recourse to formal dispute resolution tribunals. Introducing such a route for negotiation is key to achieving satisfaction for the client.

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Expert Witness Services

In delivering our services, we:

• Act with integrity
• Always provide a high standard of service
• Act in a way that promotes trust in the profession
• Treat others with respect
• Take responsibility

We are highly qualified with a vast range of skills and expertise in what we do covering many industry sectors with direct experience.

We carefully check on any potential conflict before giving any commitment.

We possess the necessary skills in drafting well-structured reports and presenting and interpreting evidence in support of an assertion.

We provide expert witness for both time (delay and disruption) and quantum disputes.

We perform review of the project costs ledgers in order to provide an independent estimate of the contractor’s recoverable costs. We take into consideration the steps taken by the contractor to minimize its losses and establish its recoverability.

We help clients identify and resolve delays in their projects prove the relationship between factors that cause delays and disruptions. We adopt the most suitable delay analysis methodology based on the presented facts and information. We utilize our expertise in estimating delays, analyzing program sequencing, and developing a schedule analysis.

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Contract Administration and Management

We provide a number of services during the course of a project either directly or indirectly to support clients through their contracts. ​These services include:

• Developing bespoke contract procedures and manuals to assist in the effective management of a project from inception to completion.
• Providing user friendly interpretation of contracts, both standard forms and one-off contracts, using flow diagrams and familiar processes to illustrate the mechanisms involved such as notice provisions, payment requirements, information transfer and time restrictions.
• Providing key standard response documents which include all clauses, necessary references and terms to make them effective.
  
• Providing ongoing audits to ensure that administrative issues are being addressed.
• Drafting detailed contractual letters that is based on factual information to protect client’s rights.

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Planning and Scheduling

It is essential that we follow a consistent approach to the planning and programming advice we provide, which is best achieved by using the particular skills of our expertise thus enabling the delivery of a full planning and programming service throughout the project life cycles for design development, all types of procurement, construction planning, buildability/methodology advice and 'time' risk analysis.

Each client is provided with a customized package of planning and scheduling services depending on its need and in order to maximize the means of directing, controlling and monitoring their projects:

• Evaluation of procurement strategies.
• Due Diligence Analysis of all project programmes and cost schedules prior to completion of the construction contract.
• Establishment of monitoring and control procedures and implementation of appropriate project control procedures and systems during the project, to ensure compliance with programme and cost.
• Provision of dispute avoidance advice and procedures, as required, to ensure progression of project and management of contentious issues as they arise.
• Full reporting at all stages, with a full review upon completion to ensure all project objectives have been achieved.

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Arbitration Assistance

Our arbitration support service is designed to meet the clients’ needs, by:

• Assisting your legal team in a cost effective manner with the management of the arbitration.
• Recommending suitably qualified legal representatives to advocate your case in Arbitration.
• Managing the client legal and professional team to achieve a favourable Arbitrators Award within budget.

Our objective is to assist in securing an early settlement through open negotiation and to provide our clients with:

• An initial appraisal on the strengths and weaknesses of the case and the likely weight of supporting evidence.
• An analysis of the risks and the various courses of action open to the client (financial and non-financial)A strategic plan, explaining how we will manage the case and the probability of achieving a settlement.
• A budget for the whole of the proceedings and monthly reports on progress against budget.
• A fee structure, which we can agree in advance for each stage of the arbitration and monthly client/budget reports.
• Without clear professional advice, arbitration in the construction industry can be an expensive and frustrating process. Therefore we will always try to help our clients resolve the dispute before it reaches this stage.

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Tender Process and Procurement Strategies

The success criteria of any project depends on the establishment and adoption of the most appropriate procurement route and contract form, pre-qualification criteria, and bid evaluation criteria. The procurement process that is to be managed is therefore intended to enable clients to strike the right balance between the often conflicting criteria of time, quality, price and function.

• Procurement Management: Procurement strategy development, appropriate contract selection, documentation preparation, monitoring and reporting on procurement; design development management, monitoring and evaluation.
• Forms of Contract: Advice, guidance and assistance in the implementation and application of appropriate forms of contract such as: FIDIC and NEC3 in various options, with provision of Project Manager function; advice on other “partnering friendly” contractual arrangements; training in all aspects of contract implementation and administration.
• Performance Improvement: Advice, guidance and assistance in the application of a range of project performance improvement techniques such as: Value Engineering, Risk Management; Key Performance Indicators (KPI); Audit processes for procedures, Change Management and Team Building workshops.

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