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Dispute Advisory

Commercial risk management and dispute advisory are about having accurate, timely advice which can allow the management to understand the issues and make informed decisions, which align with their business objectives.​

Mark Etherington

Identifying the risks, is the first step in managing them. 

In construction projects, this commences with a proper understanding of the risk allocation from the construction contract. Once on-site, the desire will be the earliest identification of the risk(s), to manage and mitigate the impact of the risk on the planned time, cost and/or quality.

Most of the standard forms include “condition precedent” clauses which require you to issue timely notices. Often, parties feel that following this path will lead to an adversarial relationship; However, if the matter is discussed early enough, the parties have the best opportunity of managing the situation to all parties satisfaction.

Some examples of how we may assist

  • Commercial Risks
  • Delay Analysis
  • Quantum Evaluation
  • Dispute Resolution Services

Maybe you are being asked to sign a contract with a number of bespoke contract terms and need plain commercial advice on what it means. We can provide a prompt commercial review of your contract, setting out what it practically means to you.

Drafting formal letters under the terms of the contract.

Formal risk review of a construction project for the Board of Directors for financial and commercial due diligence.

Identify and evaluate the causes of delays to a project using the latest software (e.g. Primavera, Asta Teamplan, Microsoft Project).

Early independent assessment of contractual entitlement setting out strength and weaknesses of your case.

Quantum evaluation of loss and/or expense claims

Assessment of variations

Providing case management assistance by managing the process through the dispute resolution process including conciliation, mediation and adjudication.

Appointment as independent Expert to complete an early assessment which could bind both parties.

Expert reports including presenting oral evidence in litigation or arbitration.