Dispute and Claim Management in Construction & Capital Projects
Assessing claims and strategizing regarding disputes to minimise your risk and maximise your contractual rights
Construction projects are inherently complex and idiosyncratic. Challenges include overly complex amendments, changes to the intended scope and other issues that can carry significant reputational, contractual, financial and commercial risk.
Disputes & Claims Services
Expertise in dispute resolution proceedings
Provide assistance in reaching amicable settlements.
Act as an independent, expert witness in dispute resolution proceedings.
Review and analysis of disputes, prepare expert reports (e.g. on time analysis or quantum analysis) and analyse specific construction and engineering technical and financial issues.
Claim preparation, defence and analysis
Provide strategic and tactical advice on the measures to implement to make or defend against a claim successfully.
Forensic review of construction and capital projects.
Provide forensic evaluation of time and cost data to prepare for formal proceedings and internal audit matters.
Provide evidence that all actual costs incurred were allocated correctly.
Provide assurance on the risks regarding the causes and effects of delays, disruptions, excusable/non-excusable delays, non-compensable delays, acceleration and prolongation.
Commercial and contractual management
Conduct integrity due diligence for all aspects of commercial and contractual matters in projects (i.e, tendering, contractual, execution, amendments, and final account management.)
Investigations
Conduct an independent review of potential misconduct and operation irregularities enacted or caused by employees or management and prepare an investigation report revealing the facts.
Sample situations and cases
- Are you aware of financial, operational, reputational and legal risks caused by delays and cost overruns?
- Do you need to defend against a claim and/or produce a counterclaim against an employer or contractor?
- Are you capable of calculating a loss of productivity and preparing a disruption claim (cost and time exercise)?
- Do you need advice on variation claims and costs due to changes in scope of work?Are you well prepared for protecting your organisation from possible damages due to time extension and prolongation claims?Do you have any suspicions about management or project team decisions in key activities?
- Do you need to conduct a forensic review on your contract administration?
Sample deliverables
Prepare independent reports to be used in national and international court proceedings:
- Quantum report calculating the possible damages/losses
- Expert report
- Fact finding report
- Technical report covering time/delay analysis
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