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Prevention is always better than a cure. When disputes arise, our highly experienced teams act swiftly alongside clients to avoid long and costly resolution. We help clients resolve and mitigate disagreements that bring about disruption, delay or reputational harm.
Benefit from independent advocacy
Our independence enables us to prepare neutral evaluations that provide objective analyses, clear direction and a variety of relevant solutions. We thoroughly explore issues of time delay, mounting costs, financial risks and procurement, so that informed commercial decisions can be made.
We establish the likely damages, review the potential for counterclaims and always look for opportunities for early settlement.
If a dispute escalates, then we collaborate with counsel by providing expert testimony for both arbitration and litigation proceedings, either as party appointed or in a single joint expert role.
Specialist dispute advisory, covering four key areas:
Forensic delay analysis
Our forensic delay experts are trained in all leading project management software and specialised analytical programs to help clients facing challenges with construction scheduling and programming.
Using digital tools such as Primavera, Asta PowerProject, MS Project and Smart PM we analyse complex schedules to assess impacts, delays and disruption and evaluate cause and entitlement to extensions of time.
Our experts are familiar with the different techniques applied to the analyses of delay claims including:
Planned v actual
Measured Mile analyses
Drawing on our heritage in cost management, our experts have many years of experience managing project finances from tender stage through to project completion. This pedigree enables us to effectively and efficiently deal with matters of quantum along with the compensable and excusable components of claims.
We routinely evaluate prolongation costs, entitlements to loss and expense, lost opportunity profits, cost escalation, improper accounting and other financial irregularities.
Our experts also provide specialist solutions through the application of Hudson, Emden and Eichleay formulae when resolving claims which include head office overheads and profit.
Contract advisory services
Our qualified advisors – accomplished in project management, scheduling, cost management and construction law specialise in helping clients to identify strategies for project delivery options.
We advise on allocation, mitigation and avoidance of risk when selecting procurement methods along with bespoke and standard contracts. This means that we are well placed to validate and assess variations and change orders.
Our team is well versed in successful procurement strategies and creating binding contracts and agreements.
We also advise on project management, design management, construction monitoring, inspections, certification and management, along with supply chain management.
Rely on our expert witness services
Our expert witness and advisory team prepare detailed independent and incisive reports for arbitration and litigation and give oral testimony under cross-examination. We also have a team of expert witnesses experienced at dealing with cross-examination.
Services include the analyses of delay and disruption, quantum, professional negligence, loss assessment and adjustment, building defects surveys as well as specialist advice on all forms of contract.
Our expert witnesses specialise in:
Delay & disruption
Loss assessing and adjusting
Building defect surveys
Specialist advice on standard and bespoke forms of contract
To help illustrate the complex cause of a severe delay to a critical path of a major inner-city project we prepared a 4D animation. Presenting the scenario visually at an adjudication made it accessible to a non-technical audience and resulted in a settlement being agreed.
We acted as the delay expert witness for a major civil engineering contractor on a rail earthworks project in South Africa, helping to achieve a generous multi-million settlement and avoid the high costs of arbitration.