Dispute Avoidence Services

11th October 2016

1. The following is a sample of the key services which RM is able to provide in assisting its Clients avoid disputes:

Commercial/Contractual Workshops or Briefings

2. These normally take place over one or two days on a periodic basis ranging between monthly, quarterly or bi-annually depending on the Client’s requirements.

3. A typical workshop incorporates:

3.1. A Questions and Answers session on any topic/issue defined by the Client.

3.2. Document reviews, for example, commenting on Contractual Notices or Loss & Expense Applications.

3.3. An evidential review testing the evidential sufficiency of material included in:

Teamwork and Management Briefings

4. Briefing Meetings are usually conducted over one or two days, on a periodic basis, depending on the Client’s requirements.

5. The Briefing Meetings will identify areas where teamwork and communication can be or needs to be improved.

6. During these sessions new strategies are formulated to improve both teamwork and management issues/systems and a plan for implementation is prepared.

Risk Review and Cost Benefit Analysis [Fixed GMP]

7. A Risk Review is a review of any aspect of the project that carries or is likely to carry a risk. Typical topics include:

7.1. The likely success of a Variation Account.

7.2. The validity of an Extension of Time claim.

7.3. The review of the status of a whole account, including the valuation of contract work, variations, loss & expense and any associated time issues.

8. The Risk Review includes a SWOT Analysis and a Cost Benefit Analysis.

9. The Cost Benefit Analysis considers the financial viability of pursuing the claim under consideration, taking into account the likely outcome.

10. Where the pursuance of a claim is not viable formally RM will, wherever possible, provide advice on alternative commercial strategies.

Position Statement

11. The Position Statement may take the form of a Pre-Adjudication Position Statement or something less formal/aggressive depending on the overall agreed strategy.

12. The document is designed to create leverage whilst pursuing a negotiated settlement.

13. This leverage is created by ensuring that the Position Statement looks and feels like an Adjudication Referral, but ordinarily it will only be 80% complete in respect of the requisite Adjudication standard and the associated evidential burden.

14. The Position Statement is quicker and cheaper to prepare than an Adjudication Referral Notice, but can form the basis of a Referral Notice if necessary.

Independent Expert Opinions

15. An Expert Opinion is similar to a Risk Review except it is presented as an individual’s opinion and is presented in such a way that additional “weight” is attached to it.

16. Where the opinion is favourable to our Client it is often presented to the other Party to create leverage in any negotiation.

17. An Expert Opinion may typically address such issues as:

17.1. Entitlement and Valuation of Variations.

17.2. Interpretation of a Contract in whole or on defined parts.

17.3. Entitlement and Assessment of an Extension of Time Claim.

17.4. Payment and Payment Provisions.

17.5. Time and Cost Claims presented by the other Party.

Training Workshops

18. Training Workshops can be provided on various topics including:

18.1. JCT Contracts.

18.2. NEC Contracts.

18.3. Programming.

18.4. Delay Analysis.

18.5. BIM.

18.6. Illustrating Delays for Negotiation Purposes.

18.7. Commercial and Contractual Awareness.

19. All Training Workshops encourage interactive involvement of the delegates.

20. PowerPoint slides are used, but they are not rigidly adhered to.

21. Debate discussion and real life problem solving is actively achieved during the Training Workshops.

22. Each delegate is provided with a fully detailed pack and a copy of the PowerPoint slides.

23. Real life Case Studies are used during Training Workshops.