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Forensic Investigations & Contractual Analysis

Construction disputes are often complex giving rise to such arguments as the causes and extent of delays and the amount of extension of time (EOT) that should properly be awarded, taking into account the numerous events that typically occur on construction projects, many of which may overlap, and may or may not be critical to the actual completion date. Methods and sequencing of work operations may also need to be carefully analysed as they too could be the subject of dispute.

In the case of quantum investigations numerous issues need to be considered which affect the pricing of variations and claims, including delay, disruption and changes in work methods and sequencing. Considerable experience is required to properly analyse and evaluate the options available and ascertain the appropriate valuation in the circumstances, based upon the particular conditions of the contract.

Disputes often require forensic investigation into the background of events to establish all relevant details and causes so that responsibilities can be determined with the necessary degree of certainty and the appropriate time or cost ascertained. Disputes may also need to be analysed to determine where responsibility lies under the particular conditions of contract, and whether there is a contractual basis for pursuing a claim.

The Contracts Group specialize in this forensic investigation and analysis, and we are familiar with the principles, procedures and contractual and legal arguments which are all necessary to undertake this work.

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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