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Forensic Investigations & Contractual Analysis

The Contracts Group investigates the facts, records and contractual issues underlying construction claims and disputes. We bring together contractual, planning and quantum expertise to help clients understand what happened, assess responsibility and substantiate or respond to claims for time and money.

Investigating Delay and Disruption

Construction disputes may involve several overlapping events, changes in working methods and disputed sequences of work. We examine project records and programme information to assess the causes and extent of delay, the effect on critical activities and completion, and the basis for extensions of time (EOT).

We also investigate disruption and changes in working methods or sequencing to assess their effect on productivity, progress and associated costs.

Examining Quantum and Valuation

We investigate the valuation of variations and claims, including the financial effects of delay, disruption and changes in working methods or sequencing. Our analysis considers the relevant contract provisions, valuation methods and supporting records to assess the basis and substantiation of the amounts claimed.

This work requires considerable experience to evaluate the available approaches and assess the appropriate valuation under the particular conditions of contract. The Contracts Group brings that experience to the investigation and assessment of complex quantum issues.

Assessing Contractual Positions

We reconstruct the chronology of events and examine the relevant contract provisions, notices, correspondence and project records. This helps establish the factual background, assess the allocation of responsibility and identify the contractual basis for pursuing or defending a claim.

We identify gaps, inconsistencies and matters requiring further evidence, helping clients understand both the strengths and limitations of their position.

Bringing the Findings Together

Our specialists are very familiar with the principles, procedures, and contractual and legal arguments relevant to forensic investigation and analysis. We bring the factual investigation, contractual assessment, programme analysis and quantum evaluation together into clear findings.

We assist clients and, where appointed, their legal advisers with claims preparation, responses, negotiations and dispute proceedings.

Discuss Your Project

If you need to investigate a construction claim or assess the factual and contractual basis of a dispute, contact us to discuss the issues and the assistance you need.

Regional Fast Rail Project

The variations and claims submissions by the Main Contractors' team facilitated the amicable negotiation and…

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Contract No. 12/WSD/06

Successful negotiations between parties leading to the settlement of accounts.

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MTRC XRL Contract 824

The prospect of the independent Expert providing opinion on unresolved matters led to a large…

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Construction of Liangtang/ Heung Yuen Wan Boundary Control Point BCP Buildings and Associated Facilities

Successful negotiations between the Main Contractor and the Employer leading to settlement of claims.

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Central Government Office Building

The JV was granted the full extension of time and relate the actual costs incurred…

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Ventria Residence, Hong Kong

The Employer was satisfied on facts that were demonstrated on a clear delay analysis presentation…

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