Construction Disputes and Advisory Services
Our team provides a centre of excellence for capital project advisory services.
Our team is comprised of professionals with extensive knowledge of the construction industry including quantity surveyors / cost controllers, engineers and project managers.
Dispute Resolution Services
We provide independent, objective, impartial, expert advice in relation to delay, production, productivity and quantum issues arising on complex capital projects, providing advice to all parties involved in the development of capital projects including contractors, owners, governments, insurers, project funders, designers and subcontractors.
Our approach is to provide fact based opinions and advice as to the causes of delay, disruption and financial impacts to capital projects based on a detailed, forensic analysis of the project documentation. Our team is experienced in handling and effectively processing significant volumes of hard copy and electronic data and distilling that into clear and objective presentations of findings and has years of experience working together across a wide range of project sectors.
We provide advice to clients and their legal advisers throughout the dispute resolution process, from early stage reviews of the project documentation to advice on causes of delay and cost overruns ahead of the commencement of formal proceedings, through to the eventual resolution of disputes (including the provision of expert evidence and oral testimony at hearings). We work closely with the client’s and legal teams to most effectively focus our investigations and analysis.
Examples of our dispute resolution services work include:
- On a major road construction project, the employer and contractor fell into a formal dispute relating to causes of delay, entitlement to extension of time, extent and causes of loss of productivity and valuation of associated losses. Appointed by the contractor, our team undertook a detailed forensic analysis of the causes of delay and productivity based on the project records, preparing detailed reports for an ICC Tribunal. Our expert took part in experts’ meetings, concluded joint statements, and gave evidence before the three-man Tribunal under cross-examination, including hot-tubbing with the expert for employer. The Tribunal made an award in favour of our client and accepted our analysis of delay and disruption.
- In relation to the construction of a major new refinery in the Middle East, we were appointed by the contractor that had suffered very significant cost overruns and was significantly delayed. We undertook an initial high level analysis of the delays on the project which shaped the client and legal team’s approach to the dispute. We then undertook a more in-depth analysis of delays and productivity issues across the project more widely and prepared detailed experts reports which were submitted to the Tribunal. The matter successfully settled shortly after the exchange of experts reports.
- In relation to a steel mill in the Middle East, we were appointed as quantum experts by the main contractor in a dispute with their civils subcontractor. We prepared a review of all quantum matters including the valuation of change orders, as well as providing an opinion on prolongation claims brought by both parties to the dispute. Our expert gave evidence before the three-man Tribunal under cross-examination.
- On a major a refinery project in Eastern Europe, we were appointed as quantum experts by a subcontractor in a dispute with a main contractor arising from the termination of their subcontract. We prepared a review of all quantum matters including the valuation of delay related cost claims brought by the subcontractor, as well as counterclaims brought by the main contractor due to the termination. Our expert gave evidence before the three-man Tribunal under cross-examination, including hot-tubbing with the expert for main contractor.
Project Advisory Services
For Owners, Contractors, Insurers, Funders and others involved in the capital project development process we provide capital project advisory services to enable clients to maximise shareholder value, minimise risk and avoid conflict. For example, our team undertake reviews of project processes and procedures to identify areas of risk and areas where improvements to the ‘as-is’ situation can be achieved, provide project specific due diligence on programme and cost issues on capital projects, assist in providing non-industry stakeholders oversight of the projects that they are involved in on an on-going basis and undertake reviews of distressed projects.
Examples of our Project Advisory Services include:
- For a construction company involved in the construction of a new hydro-electric power plant in Asia, we were involved in reviewing the progress achieved to date and assisted the contractor in preparation of a detailed new programme going forward to be tabled first to the contractor’s board and then to the project owner as part of an overall settlement of previous delays and an accelerated schedule to completion. Accordingly the parties managed to avoid conflict and deliver the project to the revised schedule.
- For a shipping company, we have provided project oversight services in relation to the construction of a new vessel in a Far Eastern shipyard. Our team assisted in scrutinising the project schedule during the course of the works, interrogating progress reports provided by the shipyard, identification of risks (including productivity and production issues) and provided regular updates to the shipowner to assist in its financial planning and decision making.
- For a major UK retailer, we have undertaken a review of the costs for that retailer in undertaking its new store development and store redevelopment programmes. We undertook an analysis of projects across the retailer’s project portfolio and presented our summary level findings as to principal areas of spend, areas of overspend, potential risk and savings to the senior management team for implementation.