Featured Experiences
Claims & Dispute Resolution
We provide support and expertise at all stages of the dispute resolution process. When a problem reaches the level of a dispute, it defocuses group effort and diverts energy from priority activities. Before going too far, it is important to carry out a serious and impartial claim assessment by diving in depth just enough to have a clear vision. To reach a settlement faster, make sure you have the right messenger, the right documentation, and the right timing.
Pan-Pac Pulp and Paper
Napier, New Zealand
FIDIC EPC contract at fixed price and duration. Project was delivered and commissioned in accordance with the contract. The dispute occurred in the performance stage, during the defect liability period. The parties had exhausted all possibilities for an amicable settlement and had begun to exchange legal correspondence, were considering arbitration. The key issue was the inability to obtain a "meeting of the minds" regarding the key terms of the contractual performance.
Claims & Dispute Resolution
Urgently stop the legal escalation process.
Identify the other party’s stakeholders, decision maker and their motivations.
Offer a genuine last chance to an amicable resolution, to resolve the remaining issues on a shared risk basis.
Agree on a “in person” settlement process with mediation workshops.
Review the chronology of events since the pre-contractual negotiations to date, assemble, organize, and review the facts.
Prepare for mediation with the project team and internal stakeholders and identify the possible concessions: best scenario, probable scenario of the other party, leave the table scenario (our limits).
Hold mediation sessions focusing on facts, contractual base, good faith, and flexibility. Failure to reach settlement will mean legal proceedings (time consuming, costly).
Promptly confirm the agreements reached during the session and sign.
Settlement was reached within 3 months.
The EPC Contractor was awarded a FIDIC design-built contract to upgrade the existing wastewater treatment plant to accommodate the two plant operation modes (BCTMP and TMP) and comply with the new environmental regulations. The scope included design, civil, mechanical, electrical works, and all process equipment, testing and commissioning. The biological treatment system mainly consists of a primary dissolved air floatation (DAF) unit, two moving bed bioreactor (MBBR) basins, two activated sludge (AS) plug-flow aeration basins followed by a secondary clarifier.
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Sea water desalination plant
Sharjah, UAE
The project was delayed by civil partner and customer. Customer has requested additional works without formal change orders. Civil partner has experienced design and productivity issued for which the EPC contractor has incurred cost and time.
Claims & Dispute Resolution
Failure to reach settlement amicably with the customer, the claims were referred to ICC international arbitration in France. Only after filing the arbitration the customer agreed to settle the claims amicably.
After multiple attempts to reach amicable settlement with the consortium partner the disputes were referred to ICC international arbitration in Switzerland. The dispute was finally settled out of Court after the claim and counterclaim process and before the discovery of documents.
For both disputes, with the customer and the consortium partner:
Assessment of potential claims and available documentation.
Review the chronology of events, assemble, organize, and review the facts, evidence, and documents to support on the claims.
Support and coach local project management team with strategies and negotiations.
Act as escalated level in negotiations with the customer.
Expertise and assistance to legal counsel for legal proceedings.
The EPC Contractor was awarded a design-built contract to build a 24 MIGD sea water desalination plant using reverse osmosis (DAF, UF, RO). The project was performed in consortium with a local civil contractor. The scope of the EPC contractor was all process, mechanical and electrical works, testing and commissioning. All civil works and building services were under the responsibility of the consortium civil partner. The plant was the most sophisticated plant in the region.
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Oil and Gas platform
North Sea, Norway
After delivery of the project and before the final acceptance, the main O&G contractor issued a claim to the EPC subcontractor, for costs allegedly incurred in connection with an alleged defect in the works.
Claims & Dispute Resolution
Obtain an independent assessment of the alleged defect and impact, with potential mitigation measures.
Help the project team to understand the motivations of the O&G and the position of the end user in relation with the alleged defect.
Hold a negotiation workshop "in-person" with the counterpart.
Prepare for the negotiations with the project team and identify the possible concessions: best scenario, probable scenario of the other party, leave the table scenario (our limits).
Lead the mediation sessions focusing on facts, contractual base, good faith, and flexibility.
Quickly confirm agreements reached during the session and sign.
Settlement was reached within 2 months for 1/5 the amount initially claimed.
The EPC sub contractor was awarded a subcontract from the main O&G contractor to provide the Freshwater Generator Package on an Engineering, Procurement, Construction basis.
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Activated sludge wastewater treatment plant
Ferdjioua, Algeria
The project was delayed due to circumstances beyond the control of the EPC contractor and significant changes in the scope of the civil works requested by the authorities. Adjustments to the contract were not made and negotiated as changes occurred, so that the customer would automatically apply late delivery penalties. The Contractor and the customer initiated a dispute resolution process to resolve the costs and time.
Claims & Dispute Resolution
Assess delays and changes that occurred during construction impacting the contractual completion date (chronology of events).
Perform a delay analysis using the baseline programme, introducing revisions, delays and identifying the concurrent delays.
Prepare a factual and easy-to-understand narrative that describe the information used, the problem encountered, the analyses carried out, and the results in term of cost and time.
Assist the project team to assemble, organize, and review the facts, evidence, and documents to support on the claims.
Support and coach local project management team and corporate stakeholders with strategies and negotiations.
Act as escalated level in negotiations with the customer.
The EPC contractor was a consortium between an Austrian water treatment contractor and a Chinese civil contractor. The consortium was awarded a design-built-operate contract for a biological wastewater treatment plant with activated sludge process for a population of 80,000 - 120,000 inhabitants. The services have been provided to the EPC contractor, through the water treatment contractor, consortium leader.
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