Claim Preparation, Defence and Negotiation

The nature and complexity of an engineering and construction project are such that there are many risks across the life cycle of a project. We possess the highest calibre of engineering and construction expertise to systematically deal with issues, claims and disputes that arise at any stage of an engineering and construction project, whether it is about design, construction, performance, time, money, variations or contractual matters.

Our experts and consultants objectively evaluate and document the cause, liability and impact of a complex claim event. We work closely with our clients to undertake accurate cause and effect analysis and produce substantiated claim reports. We guide and assist our clients during the negotiation process in an endeavour to facilitate the early resolution of the claim.

  • Investigation, Analysis, Preparation and Presentation of Claims
  • Negotiation and Management of Claims
  • Defence and Rebuttal of Counterclaims
  • Delay, Prolongation, Disruption and Acceleration Claims
  • Cause and Effect, Liability, Entitlement Analysis
  • Prolongation, Disruption and Acceleration Cost Analysis
  • Damages Assessment, Recovery of Costs and Loss of Profit
  • Defence against Delay/Liquidated Damages and PLD's
  • Strength and Weakness Assessment of Claim Issues
  • Claim Prevention Strategy

  • Expert Witness
  • Expert Determination
  • Preparation of independent and objective Expert Report
  • Credible, concise, and objective testimony before Courts and Arbitration Tribunal
  • Support to the legal team in the preparation of pleadings (Statement of Case, Statement of Defence and Counterclaims)
  • Preparation of Factual Witness Statement
  • Coordination with the opposing Expert and preparation of Joint Experts Report

Expert Witness

Disputes occur in engineering and construction projects due to a variety of causes. Litigation and Alternative Dispute Resolution (ADR) are considered methods for resolving disputes. Mediation, Adjudication, Expert Determination and Arbitration are considered the prominent ADR schemes.

We have the necessary practical knowledge, analytical skills and testifying experience to deal with the most complex engineering and construction dispute. Our experts have been appointed as delay experts, quantum experts and technical experts on some of the most high-profile disputes across a range of arbitral institutions including ICC, LCIA, DIFC-LCIA, ADCCAC, DIAC and UNCITRAL. Our experts provide clear and concise advice, unbiased and independent opinion and produce objective expert reports on all relevant matters concerning delay, disruption, damages, variations and changes.

Delay Analysis and Quantification

Delay and disruption happen in most engineering and construction projects and considered to be the primary reason for the late completion of projects and the overriding cause of construction disputes.

Our expert delay analysts adopt a forensic approach, use scientific delay and disruption modelling tools and industry-accepted retrospective and prospective delay analysis methodologies to accurately analyse and quantify the impact of delay and disruption events. Using our professional judgement and expert opinion, we are able to recommend remedial measures and substantiate our client’s entitlements.

  • Forensic Delay and Disruption Analysis
  • Prospective and Retrospective Delay Analysis using CPM Techniques
  • Disruption and Loss of Productivity Assessment
  • Concurrent and Culpable Delay Assessment
  • Acceleration Analysis and Quantification
  • Pacing Delay Assessment
  • Schedule Health Check

  • Arbitration and Litigation Support (Quantum)
  • Independent Third-party Quantum Determinations
  • Preparation, Defence and Negotiation of Cost Claims
  • Health-chek of Quantum Claims
  • Commercial and Contract Management
  • Quantity Surveying Services

Quantum Analysis and Quantification

Our team of quantum experts are from multi-disciplinary and highly experienced backgrounds. They are members of leading professional bodies and institutions. Our experts have considerable experience in preparing written evidence for use by Courts and Tribunals, as well as presenting oral evidence under cross-examination.

Drawing on experience from large scale and complex projects (both regionally and internationally) our quantum experts identify the contractual entitlement to recover cost and value and produce sound and compelling quantum analysis that is tailored to our client’s contract and project.

Dispute Resolution Support

Even a meticulously planned and well-managed construction project can encounter claims and disputes. How the claims and disputes are handled can make a significant difference in the success of the project, and a party’s winning capacity.

Our multi-disciplinary team are able to provide support to parties involved in formal disputes, including litigation or Alternative Dispute Resolution (ADR), such as arbitration. Our engineering, contractual and techno-legal skills coupled with our extensive project management experience, enable our team of consultants to provide clear, objective advice to our clients and their legal advisors.

  • Litigation and Arbitration Assistance
  • Acting as Expert Witness
  • Expert Determination
  • Acting as Arbitrator
  • Acting as Adjudicator, Mediator
  • Acting as Party Representative
  • Dispute Review Boards
  • Advising Dispute Avoidance Strategy

  • Contractual Advice and Contract Administration Support
  • Contract Drafting, Review and Risk Analysis
  • Preparation of Post-contract Documentation
  • Pre-contract and Tender Strategy Evaluation
  • Due Diligence Studies
  • Independent Analysis of Variations and Changes
  • Value Engineering

Contractual Advice and Expert Opinion

Our procurement and contract management services support our client’s project management team and ensure successful project execution and commercial outcome. Our team of experts accurately identify potential problems, provide advice and recommend an appropriate strategy to ensure that the project achieves the intended technical and commercial objectives.

Our extensive industry experience and engineering knowledge mean we can offer our clients expert advice and practical guidance regarding the usage and application of bespoke and standard EPC, EPCM, D&B, Civil Engineering and Construction contract forms, including FIDIC, ICC, NEC, IChemE and ENAA forms. We work closely with our clients to ensure that the correct and appropriate decisions are made and implemented to the benefit of the project and its stakeholders.

Risk Analysis and Mitigation

The execution of an engineering and construction project can present many risks and challenges. Changes are natural and embedded in engineering and construction projects, which makes it an inherently risky process. Effective identification, quantification and management of project risks are amongst the key factors that determine the successful execution and commercial outcome of an engineering and construction project.

We help our clients to identify, analyse and objectively manage or mitigate project risks, to minimise or eliminate the risk of project failure.

  • Project and Contract Risk Analysis and Mitigation Strategy
  • Schedule and Cost Risk Analysis and Quantification
  • Qualitative and Quantitative Risk Analysis
  • Risk Analysis Using Monte Carlo Simulation Techniques
  • Risk Register and Probability – Impact Matrix
  • Criticality, Sensitivity and Cruciality Analysis