Commercial, Contractual and Time: Capability Statement
14 Case Studies
1. Premiership Football Club Training Facility
A high-profile Project and Multiple Quantum and Time issues. Dispute between Main Contractor and 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 Matters, Variation Account and the rebuttal of a Contra Charge account.
Ramskill Martin’s role involved instructions and input by Solicitors and Main Board Directors due to the high-profile nature of the project. 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: Ramskill Martin’s Quantum Expert worked with the Client and their team of Solicitors 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: Ramskill Martin 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: Ramskill Martin’s detailed Quantum Expert Report gave rise to a settlement prior to the hearing.
3. Local Authority (Our Client) v Main Contractor
Northern England Refurbishment
a. Contract Value: £6,300,000.00
b. Scope of Experts Instruction: Provide an Expert Advisor Report (Responding) for an Adjudication referred by the Main Contractor. The Main Contractor claimed an Extension of Time of 64 weeks with Loss and Expense of £1,300,000.00.
c. Impact of Experts Input: The Adjudicator awarded 19 weeks Extension of Time (a reduction of 45 weeks from claimed) and awarded £85,000.00 in Loss and Expense. Ramskill Martin’s Report significantly reduced the Employer’s (Ramskill Martin’s Client) exposure.
4. Expert Advisor for the Main Contractor
A High Specification mixed-use Commercial 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.
Ramskill Martin’s involvement included instructions and input by the client’s team of 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: Ramskill Martin’s Quantum Expert worked with the Client and their team of Solicitors 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-Contractor’s claim being rebutted.
5. Urgent instruction to prepare an Expert Advisor Quantum Report
An adjudication regarding 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, Ramskill Martin prepared an Expert Advisor Quantum Report for an Adjudication. Time constraints meant that Ramskill Martin only had eight days to carry out all reviews, analysis and prepare the Report on a “Live Adjudication” which was achieved.
c. Impact of Experts Input: Ramskill Martin’s Quantum Expert worked with the Client and its Solicitors Team to achieve a positive response from the Adjudicator. Ramskill Martin’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 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: Ramskill Martin 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. Ramskill Martin’s Expert was praised by the Judge for its approach taken with the opposing Expert.
c. Impact of Experts Input: Ramskill Martin’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 (Ramskill Martin’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 Ramskill Martin’s Quantum Expert to provide a Report suitable for an Adjudication process.
c. Impact of Experts Input: Ramskill Martin’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 (Ramskill Martin’s Client) and a Sub-Contractor
In respect to 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, Ramskill Martin’s Quantum Expert Advisor prepared a Report on the Account for an Adjudication. The Sub-Contractor 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 (Ramskill Martin’s Client) and the Main Contractor
In respect to a Project for Student Accommodation in Birmingham.
a. Contract Value: £3,500,000.00
b. Scope of Experts Instruction: Instructed by a Solicitor, Ramskill Martin’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.
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, Ramskill Martin’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 the 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 M&E Sub-Contractor, Ramskill Martin’s Expert Advisor prepared a Quantum Report and assisted with negotiating the final settlement, predominantly involving arguments in respect of 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: Ramskill Martin 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: Ramskill Martin’s Quantum Expert Report significantly contributed to a satisfactory commercial settlement prior to the hearing.
13. Expert Assistance and Advice on Planning and Programming matters on Various Live Projects
a. Contract Value: Various Projects varying in value from £800,000.00 to £4,000,000.00
b. Scope of Experts Instruction: Ramskill Martin was instructed to provide Expert Assistance and Advice on Planning and Programming matters on various live projects.
c. Impact of Experts Input: Ramskill Martin’s Expert Assistance and Advice secured numerous extensions of time and ensured that the Contractor completed projects on time and on budget.
14. Expert Assistance and Advice on Quantum matters on Various Live Projects
a. Contract Value: Various Projects varying in value from £400,000.00 to £6,000,000.00
b. Scope of Experts Instruction: Ramskill Martin was instructed to provide Expert Assistance and Advice on Quantum matters on various live projects. Ramskill Martin also devised a number of systems and processes on all commercial aspects. The Contractor utilised these systems and recruited commercial staff under Ramskill Martin’s management, resulting in Ramskill Martin smoothly handing over to directly employed staff.
c. Impact of Experts Input: Ramskill Martin’s Quantum Expert assistance ensured that the Contractor recovered its entitlement on variations and prepared applications for payment over 15 live projects over a 12-month period. The Contractor ascertained that its cash flow improved by 30% during the period of our involvement and facilitated a smooth transition of a new commercial team.