Commercial, Contractual and Time: Capability Statement
12 Case Studies
1. Premiership Football Club Training Facility
A high-profile Project with Multiple Quantum and Time issues. Dispute between the Main Contractors and the M&E Sub-Contractor.
a. Contract Value: £200,000,000.00
b. Scope of Experts Instruction: The role was an Expert Advisor on behalf of the Sub-Contractor, and the scope included various Quantum matters including Prolongation,Disruption, other Loss and Expense Matter, Variations account and the rebuttal of a Contra Charge account.RM’s role involved instructions and input by Solicitors and Main Board Directors due to the high profile of the project, and the initial overall focus was to establish true entitlement and Liability in respect to a £4,200,000.00 dispute on a £17,500,000.00 sub-contract.
c. Impact of Experts Input: RM’s Quantum Expert worked with the Client and its Solicitors Team to achieve a compelling and technically strong position. The Report was used in the Adjudication process resulting in a negotiated settlement with circa £3,150,000.00 Sub-Contractor’s claim being secured.
2. Part 35 Expert Witness Appointment on behalf of a Main Contractor against the Employer on a NEC Option C form of Contract.
a. Contract Value: £23,000,000.00
b. Scope of Experts Instruction: RM was instructed by the Employer’s Solicitor to
provide a Part 35 Quantum Expert Report. The Report included a detailed review of Compensation Events forming the Account with an amount in dispute of £1,800,000.00.
c. Impact of Experts Input: RM’s detailed Quantum Expert Report gave rise to a
satisfactory commercial settlement prior to the hearing.
3. Part 35 Expert Witness Appointment on behalf of a Private Individual against the Main Contractor on a JCT SBC form of Contract.
a. Contract Value: £2,300,000.00
b. Scope of Experts Instruction: RM was instructed by the Employer’s Barrister to
provide a Part 35 Quantum Expert Report in respect to a £500,000.00 dispute. The
Report included a detailed review all Quantum matters on an extensive Refurbishment of the Employer’s second home.
c. Impact of Experts Input: RM’s detailed Quantum Expert Report gave rise to a satisfactory commercial settlement prior to the hearing.
4. A City Centre Mixed Use Commercial Building
A High Specification Building in the Centre of Sheffield.
a. Contract Value: £35,000,000.00
b. Scope of Experts Instruction: The role was an Expert Advisor on behalf of the Main Contractor in respect to the preparation of a Report providing the assessment of the true value of the Variation Account, and Loss and Expense Claims from a Specialist Cladding Sub-Contractor. RM’s involvement included instructions and input by Solicitors and the initial overall focus was to establish True Entitlement and Liability in respect to the £850,000.00 dispute on a £6,500,000.00 Sub-Contract.
c. Impact of Experts Input: RM’s Quantum Expert worked with the Client and its
Solicitors Team to achieve a compelling and technically strong position. The Report was used in the Mediation process resulting in a negotiated settlement with circa 70% of the Sub-Contractors claim being rebutted.
5. A Dispute between a Designer and a Main Contractor in Respect to Additional Fees Required Due to Change.
a. Contract Value: £3,500,000.00
b. Scope of Experts Instruction: Following the urgent request/instruction from a Solicitor, RM prepared an Expert Advisor Quantum Report for an Adjudication. Time constraints meant that RM only had eight days to carry out all reviews, analysis and prepare the Report on a “Live Adjudication”.
c. Impact of Experts Input: RM’s Quantum Expert worked with the Client and its Solicitors Team to achieve a positive response from the Adjudicator. RM’s Report was used in the Adjudication process successfully recovering 80% of the claimed sum of £1,450,000.00.
6. Part 35 Expert Witness Appointment: A Formal Dispute arose between a Main Contractor and the Employer on a Multi Property Project
Expert Evidence was required in Court.
a. Contract Value: £1,560,000.00
b. Scope of Experts Instruction: RM was instructed by the Employer’s Solicitor to
provide a Part 35 Quantum Expert Report. Both experts were required to appear in the TCC to deliver Expert oral evidence. RM’s Expert was praised by the Judge for its approach taken with the opposing Expert.
c. Impact of Experts Input: RM’s Quantum Expert Report and oral evidence contributed to a Judge’s decision in awarding 50% of the claimed sum of £315,000.00.
7. A Dispute between a Developer (RM’s Client) and a Main Contractor in respect to a High- End Apartment Project in London.
a. Contract Value: £5,000,000.00
b. Scope of Experts Instruction: The Employer’s Solicitor instructed RM’s Quantum
Expert to provide a Report suitable for an Adjudication process.
c. Impact of Experts Input: RM’s Quantum Expert worked with the Client and its
Solicitors Team to achieve a positive response from the Adjudicator. The Adjudicator awarded a reduced sum of £390,000.00 for the Main Contractor out of the original claimed for £1,300,000.00.
8. A Dispute between a Main Contractor (RM’s Client) and a Subcontractor on a Civils Project under the NEC Option B form of Contract.
a. Contract Value: £25,000,000.00
b. Scope of Experts Instruction: Instructed by a Solicitor, RM’s Quantum Expert Advisor prepared a Report on the Account for an Adjudication. The Subcontractor was claiming a total of £675,000.00.
c. Impact of Experts Input: The Adjudicator awarded a significantly reduced sum of circa £100,000.00.
9. A Dispute between a Developer (RM’s Client) and the Main Contractor on a Project for Student Accommodation in Birmingham.
a. Contract Value: £3,500,000.00
b. Scope of Experts Instruction: Instructed by a Solicitor, RM’s Quantum Expert Advisor prepared a Report in respect to Variations and Loss and Expense to present to the Adjudicator.
c. Impact of Experts Input: Out of the original Claim from the Main Contractor of
£400,000.00, the Adjudicator awarded a positive payment to the Developer following successful arguments associated with a Claim for Unliquidated Damages and reducing the Variation Account to a Nil Payment in the Adjudication.
10. A Dispute between the Employer and Main Contractor in respect to a Refurbishment and Extension of Property in Central London.
a. Contract Value: £3,500,000.00
b. Scope of Experts Instruction: Instructed by a Solicitor, RM’s Quantum Expert Advisor provided an Expert Report on behalf of the Employer as part of the Adjudication process seeking to rebut a £450,000.00 claim presented by the Main Contractor under a JCT DB form of Contract.
c. Impact of the Experts Input: Working with the Solicitor and the Employer’s Team
enabled the Adjudicator to deliver a favourable decision, awarding the Main
Contractor a significantly reduced sum of £158,000.00.
11. A Negotiated Settlement on behalf of a M&E Sub-Contractor on a Large NEC Option E – Cost Plus Contract.
a. Contract Value: £15,000,000.00
b. Scope of Experts Instruction: Working direct for a Specialist Sub-Contractor, RM’s Expert Advisor prepared a Quantum Report and assisted with negotiating the final settlement, predominantly involving arguments in respect to Disallowed Costs and the definition of Defined Costs and Fee inclusion.
c. Impact of Experts Input: Significantly contributing to an agreed commercial settlement of £2,450,000.00 out of the originally claimed sum of £3,000,000.00 without the requirement of a formal process.
12. Part 35 Expert Witness Appointment on behalf of a Veterinary Practice against the Main Contractor on a JCT DB form of Contract.
a. Contract Value: £765,000.00
b. Scope of Experts Instruction: RM was instructed by the Employer’s Solicitor to
provide a Part 35 Quantum Expert Report in respect to a £120,000.00 dispute. The
Report included a detailed review of all Quantum matters on a Refurbishment of the Veterinary Practice.
c. Impact of Experts Input: RM’s Quantum Expert Report significantly contributed to a satisfactory commercial settlement prior to the hearing.