Contract Claims
What's the Problem?......and does the Client really understand it?
At 3D Risk Ltd, we have found that it is normally the understanding of a problem that causes disputes rather than the problem itself in so much that the problem is unclear and not truly understood by the client.
If a problem itself is not understood then it is unlikely that the client will understand the full implications of the problem (cause & effect) and as such is more likely to reject it and the liability for it.
However, once the cause and effect is understood, it is more likely that a negotiated settlement of liability and cost can be reached amicably, without the need for adjudication, arbitration or other costly and more hostile process.
Therefore, it is essential that the problem is explained in such a manner as to leave the client in no doubt as to what the problem is, the cause of that problem and ultimately what effect that problem has had on the works.
Explain the problem clearly & concisely.
Over the past 30+ years, we have developed innovative methods to explain the issue, regardless of it's complexity, to assist the client in understanding clearly what the problem is, the cause, effect and ultimately the liability of that problem.
The problem is not normally one faceted and will perhaps require us to link a 3D model with the programmes, the cost plan, the resources and cash flow (planned and actual) or a combination of them.
Apart from enabling us to clarify problems with the client, we are able to:
- Audit schedules, baselines for network & contractual conformaty;
- Interpret Contract Drawings (to assist in visualising the contract & assist the contractor in understanding what is required.)
- Check the Build-ability of a Contract (Highlight & realise interference problems at an early stage.)
- Check Programme Viability & Proposed Methods of Construction
- Analyse the Contract (for Value Engineering purposes & assist in problem solving)
- Demonstrate Cause & Effect (of changes made to a contract) through Critical Path Analysis and other delay analysis whether it be retrospectively or not.
If all else fails...
If & when all reasonable dialogue is exhausted and a negotiated settlement cannot be reached amicably, without the need for adjudication or arbitration then we can:
- Provide a service as an honest broker and introduce the parties to alternative dispute resolution.
- Provide advice when ambushed by a supplier who has instigated adjudication.
- Serve notice and pursue outstanding money by adjudication.
- Provide the service of an expert witness for liability and quantum when in arbitration.
- Introduce arbitrators, lawyers and mediators who will provide a cost effective service.
