Experts in Construction Contracts, Claims and Dispute Resolution
Experts in Construction Contracts, Claims and Dispute Resolution
At Climax Projects Management, we offer a portfolio of project services to support our valued clients during the four (4) project life phases (pre-tender, contract formation, construction and post completion).
Thanks to our long experience in manging (and delivering) a wide range of projects, we are proficient in managing all types of construction contracts (Design-Bid-Build, Design-Build and Turnkey/EPC) contracts.
Whether it is FIDIC, NEC, JCT or any other bespoke form of contract, we have a solution for the problems engrained in construction projects. Once we are contracted, our clients can enjoy our protective shield.
Our long experience in the construction business always proves that incorporating contracts and claims management into one services agreement, from the commencement of any project, is to our clients' best interest.
Notwithstanding the fact that Contracts management is essential and crucial to the success of any project, the fact remains that it is only one link in the long chain entitled "procurement".
Starting from identifying suitable bidders, to prequalifying and short listing them; then, preparing evaluation criteria, bidding, all the way through to evaluation and award of bid, the fact is that our expertise is second-to-none.
Upon commencing a legally binding contract, parties get into honeymoon. However, not long later, their interests collide. Only those well-equipped to manage their challenges, can extend the honeymoon.
We have a proven track record in preparing and negotiating multi-disciplinary construction claims, worth Billions of USD. We enjoy sharing our success stories with our clients to brief them of the way-forward.
In addition, and before delving deeply into claims, we recommend to go through a comprehensive risk assessment exercise. Once completed, we can confidently suggest efficient means of mitigation.
We further examine the merits of each claim, establish its cause and effect and write the story. Then, calculate the damages and subsequently recover them after properly substantiating the client's innocence.
We further perform delay analysis using the worldwide known techniques. Taking into account concurrency of contractor's and employer's delays, we do not only consider concurrency but also prominence of the event.
After accurately calculating the number of delay days each party is responsible for, we then calculate the quantum taking into consideration all the costs that have reasonably been incurred.
Courts and arbitral tribunal panels may appoint industry experts who can provide independent expert opinion on certain topics. Whether it is engineering or technical discipline we are always ready to help.
The increasing complexity of construction projects necessitates the need of a party to a dispute to appoint an expert to help their lawyers to understand and eventually present the technical complications of the case.
Appointing an expert allows the lawyer to properly plead the party's case in light of the knowledge that the expert extracts. The party (or their lawyer) may appoint the expert; but, will be instructed by the lawyer.
Parties and lawyers involved in construction disputes are aware that the quality of expert evidence makes or breaks their cases. We are proud of the high quality of our expert witness reports that strengthens our clients' positions.
In construction arbitration, expert witness provide specialised knowledge and opinions to assist arbitrators in understanding sophisticated technical aspects of disputes. Among others, we offer the below services:
1. Technical Expertise. We offer expertise in multiple engineering disciplines like, for instance, civil, mechanical, electrical, architecture and, of course, construction management.
2. Case Analysis:. We review project documentation, contracts, and other relevant materials to form an understanding of the dispute; then, distill informed opinions.
3. Expert Reports: We prepare detailed reports outlining findings, opinions, and conclusions on technical matters related to the construction dispute. These reports are typically submitted before courts and arbitration hearings.
4. Arbitration Hearing Testimony: We present our expert testimony before arbitral tribunal panels and during arbitration hearings, explaining findings and opinions to arbitrators, legal teams (and others).
5. Cross-Examination: We respond to cross-examination by opposing parties, where our credibility and the validity of our opinions may be challenged. All expert witness reports shall be supported by engineering analyses.
6. Educating Arbitrators: We assist arbitrators, who may not have specialised knowledge in construction, to comprehend sophisticated technical issues which eventually contributes to fair and well-informed decisions.
7. Quantifying Damages: In cases that involve construction defects, or delays, we quantify the damages incurred by evaluating the financial impact on the project through a thorough scrutiny of relevant project records.
8. Code and Standard Compliance: We provide insights and into whether the contractor has adhered to relevant construction practices and relevant industry codes, standards, and best practices.
9. Mediation and Settlement Support: We assisting in mediation and/or settlement discussions by offering our expertise to facilitate negotiations and resolution of disputes (thanks to proper quantification).
10. Objective Analysis:. We maintain objectivity in any analysis and/or opinion, we conduct and present information in a clear and understandable manner to aid courts and arbitrators in reaching fair and just decisions.
In a nutshell, expert witnesses essentially serve as technical advisors to courts and arbitral tribunal panels to ensure that the decision-makers have access to specialised knowledge that is critical for a comprehensive understanding of construction-related disputes.
Courts and arbitral tribunal panels may appoint industry experts who can provide independent expert opinion on certain topics. Whether it is engineering or technical discipline we are always ready to help.
The increasing complexity of construction projects necessitates the need of a party to a dispute to appoint an expert to help their lawyers to understand and eventually present the technical complications of the case.
Appointing an expert allows the lawyer to properly plead the party's case in light of the knowledge that the expert extracts. The party (or their lawyer) may appoint the expert; but, will be instructed by the lawyer.
Parties and lawyers involved in construction disputes are aware that the quality of expert evidence makes or breaks their cases. We are proud of the high quality of our expert witness reports that strengthens our clients' positions.
In construction arbitration, expert witness provide specialised knowledge and opinions to assist arbitrators in understanding sophisticated technical aspects of disputes. Among others, we offer the below services:
1. Technical Expertise. We offer expertise in multiple engineering disciplines like, for instance, civil, mechanical, electrical, architecture and, of course, construction management.
2. Case Analysis:. We review project documentation, contracts, and other relevant materials to form an understanding of the dispute; then, distill informed opinions.
3. Expert Reports: We prepare detailed reports outlining findings, opinions, and conclusions on technical matters related to the construction dispute. These reports are typically submitted before courts and arbitration hearings.
4. Arbitration Hearing Testimony: We present our expert testimony before arbitral tribunal panels and during arbitration hearings, explaining findings and opinions to arbitrators, legal teams (and others).
5. Cross-Examination: We respond to cross-examination by opposing parties, where our credibility and the validity of our opinions may be challenged. All expert witness reports shall be supported by engineering analyses.
6. Educating Arbitrators: We assist arbitrators, who may not have specialised knowledge in construction, to comprehend sophisticated technical issues which eventually contributes to fair and well-informed decisions.
7. Quantifying Damages: In cases that involve construction defects, or delays, we quantify the damages incurred by evaluating the financial impact on the project through a thorough scrutiny of relevant project records.
8. Code and Standard Compliance: We provide insights and into whether the contractor has adhered to relevant construction practices and relevant industry codes, standards, and best practices.
9. Mediation and Settlement Support: We assisting in mediation and/or settlement discussions by offering our expertise to facilitate negotiations and resolution of disputes (thanks to proper quantification).
10. Objective Analysis:. We maintain objectivity in any analysis and/or opinion, we conduct and present information in a clear and understandable manner to aid courts and arbitrators in reaching fair and just decisions.
In a nutshell, expert witnesses essentially serve as technical advisors to courts and arbitral tribunal panels to ensure that the decision-makers have access to specialised knowledge that is critical for a comprehensive understanding of construction-related disputes.
Courts and arbitral tribunal panels may appoint industry experts who can provide independent expert opinion on certain topics. Whether it is engineering or technical discipline we are always ready to help.
The increasing complexity of construction projects necessitates the need of a party to a dispute to appoint an expert to help their lawyers to understand and eventually present the technical complications of the case.
Appointing an expert allows the lawyer to properly plead the party's case in light of the knowledge that the expert extracts. The party (or their lawyer) may appoint the expert; but, will be instructed by the lawyer.
Parties and lawyers involved in construction disputes are aware that the quality of expert evidence makes or breaks their cases. We are proud of the high quality of our expert witness reports that strengthens our clients' positions.
In construction arbitration, expert witness provide specialised knowledge and opinions to assist arbitrators in understanding sophisticated technical aspects of disputes. Among others, we offer the below services:
1. Technical Expertise. We offer expertise in multiple engineering disciplines like, for instance, civil, mechanical, electrical, architecture and, of course, construction management.
2. Case Analysis:. We review project documentation, contracts, and other relevant materials to form an understanding of the dispute; then, distill informed opinions.
3. Expert Reports: We prepare detailed reports outlining findings, opinions, and conclusions on technical matters related to the construction dispute. These reports are typically submitted before courts and arbitration hearings.
4. Arbitration Hearing Testimony: We present our expert testimony before arbitral tribunal panels and during arbitration hearings, explaining findings and opinions to arbitrators, legal teams (and others).
5. Cross-Examination: We respond to cross-examination by opposing parties, where our credibility and the validity of our opinions may be challenged. All expert witness reports shall be supported by engineering analyses.
6. Educating Arbitrators: We assist arbitrators, who may not have specialised knowledge in construction, to comprehend sophisticated technical issues which eventually contributes to fair and well-informed decisions.
7. Quantifying Damages: In cases that involve construction defects, or delays, we quantify the damages incurred by evaluating the financial impact on the project through a thorough scrutiny of relevant project records.
8. Code and Standard Compliance: We provide insights and into whether the contractor has adhered to relevant construction practices and relevant industry codes, standards, and best practices.
9. Mediation and Settlement Support: We assisting in mediation and/or settlement discussions by offering our expertise to facilitate negotiations and resolution of disputes (thanks to proper quantification).
10. Objective Analysis:. We maintain objectivity in any analysis and/or opinion, we conduct and present information in a clear and understandable manner to aid courts and arbitrators in reaching fair and just decisions.
In a nutshell, expert witnesses essentially serve as technical advisors to courts and arbitral tribunal panels to ensure that the decision-makers have access to specialised knowledge that is critical for a comprehensive understanding of construction-related disputes.
In Climax PM we strongly believe that part of our professional responsibility towards our community is to share the experience and knowledge that we have earned over decades with other practitioners.
We provide training courses on standard and bespoke contracts. FIDIC is among the most common suites of contracts in the middle east and particularly the Gulf States. This does not change the fact that oil & gas and marine sectors follow different regimes of contracts.
To assist you in making the right choice, corresponding to your acquired knowledge about FIDIC contracts, we offer a preliminary assessment upon which we can identify your appropriate level and accordingly recommend the right course for you.
With us, you can rest assured that you will get the training course that suits you. Whether it is the Red, Yellow, Silver Book or even the Pink Book. We have experts in the entire suite of FIDIC contracts and will be happy to share our invaluable expertise with you.
One of the challenges that developers and public sector entities face is time and cost overrun of their projects. Decision makers, therefore, need to diagnose the causes and swiftly identify the best course of action.
Accordingly, decision makers may appoint expert auditors to monitor billing and costs and ensure their projects are moving forward according to plan and on budget. They also assess delays that may happen to comply with with instructions and mandatory requirements.
Thanks to our long experience in delivering a multitude of projects, in Climax PM, we provide project audit services. Starting with the obligations of the parties, we draw the responsibility matrix, identify the reasons behind failure; then, prepare a gap analysis.
From there, we extract the action plan whereby the party appointing us, shall become aware of the blueprint to be adhered to in order to get the project back on track. Subsequently our feedback shall remain until completion and settlement of dues.
Several studies, conducted by renowned worldwide organisations, have concluded that organisations need to use well-defined process documents in order to develop standard operating policies and procedures.
Standardisation means that employees have an established, time-tested processes to use. When done right, standardisation decreases ambiguity and guesswork, guarantees quality, boosts productivity, and raises morale. No matter what the business is, we are ready!
In Climax PM, our experts can customise the policies and procedures that serve the purpose of each organisation (depending on business model). Also, standardise templates for tendering, acquiring of goods and services, contract, handing-over, asset keeping, etc.
Needless to mention that standardisation improves service quality and makes your organisation more productive and efficient. The result will be better outcomes, more production with the same resources, shorter lead time and happier you and your clients.