Experts in claim prevention and dispute resolution:
Our team of experts can help you implement a management system that will allow you to better handle your engineering and construction projects, present better claims, and efficiently resolve your claims. Implementing a management system ahead of your projects will prevent bad surprises from happening, and increase your management efficiency. Our team can also help in claim preparation for various industrial projects, as well as be an expert witness in the litigation process (mediation, arbitration or other).
We firmly believe that prevention is key while executing engineering or construction contracts. This enables good project management, and can prevent costly litigation, whether in time or money, or both. However, if litigation becomes inevitable, measures put in place in prevention mode allows you to have complete and well documented information. This increases your chances of having a favorable outcome when you file your claims.
In this context, our role consists of:
- Implementing management tools that are adapted to your industry;
- Advising on the contractual clauses ahead of contract signature;
- Highlighting important contractual clauses in case of litigation;
- Training your team in regards to said clauses and preparing, as needed, standardized letters;
- Implementing a cost management system in order to manage budgets and facilitate documentation of information required in litigation;
- Implementing a schedule management system in order to track project progress and ensure that events that impact project are well documented;
- Implementing a scope management system in order to spot changes and avoid the dreaded scope creep.
Our team of engineering et construction management experts can assist you in preparing your claims in order to ensure their quality. This will increase your chances of a favorable settlement with your clients as your claims will be well documented and explained.
In this context, our role consists of:
- Clearly identifying contractual clauses that have an impact on the claim;
- Demonstrating merit of the claim;
- Establishing incurred prejudice, which includes direct and indirect impact (scope modifications, acceleration, productivity loss, etc.);
- Presenting schedule and highlighting critical path.
Our team can act as engineering and construction experts according to the required needs. They can prepare well documented expert reports that takes into account all project aspects in a neutral and objective manner. These reports are built to allow all decisional parties (the courts, the arbitrator, etc.) to make informed decisions, or support negotiations between the parties, whichever is applicable. Our reports are based on:
- The contractual documents;
- Facts and events;
- The analysis of the schedule and its critical path;
- The merit of the claim;
- Direct and indirect impacts of work changes, events or any other situation that happened during the phases of the project (engineering, procurement, construction, etc.);
- Quantifying monetary and time impacts;
- Current standard industry practices.