OUR STRATEGYYOUR GROWTH

We act as your Designated Representative, with the authority to issue formal instructions and respond to contractor correspondence as defined in the contract.

• Issuing instructions and orders — preparing and sending official site instructions, variations, change orders and clarification notices to the contractor.
• Responding to contractor notices — timely and contractually accurate review and response to formal contractor submissions, such as Requests for Information (RFIs), delay notices and extension of time (EOT) claims.
• Drafting formal correspondence — preparing or assisting the client in drafting critical correspondence that carries legal or contractual implications, ensuring it is factual, professional and references the correct contract clauses.
• Approvals and certification — issuing formal correspondence for the approval of designs, materials or shop drawings, and issuing payment certificates and completion certificates.

Maintaining a clear, comprehensive and accessible audit trail of all project communications is paramount, especially in the event of a future dispute.

• Document control — establishing and maintaining a robust document control system for all project correspondence, logs and formal notices, ensuring every document is properly numbered, dated and stored.
• Correspondence logging — maintaining a correspondence log database to track the status, receipt date and response date of all critical letters and notices, so contractual timelines for claims are met.
• Record integrity — ensuring all records are accurate, complete and up to date, and that correspondence accurately reflects site events and decisions.

DATA COLLECTION AND FORENSIC REVIEW

• Gather project records — systematically collect all relevant contemporaneous documents, including the baseline schedule, updated programmes, daily logs, site diaries, meeting minutes, progress photographs, weather reports, RFIs, change orders and correspondence.
• Establish the baseline — verify the original or latest approved baseline programme and confirm its integrity and contractual compliance, as this is the standard against which all delay is measured.

DELAY IDENTIFICATION AND CATEGORISATION

• Identify events — create a chronological log of every delay event that occurred during the project period.
• Categorise delays — determine the nature of each event according to the contract:
  • Excusable & compensable (E+C) — delays caused by the Employer, such as late drawings, variations or site access issues. Entitles the contractor to time and cost.
  • Excusable (E) — delays outside either party's control, such as severe weather or force majeure. Entitles the contractor to time only (EOT).
  • Non-excusable (NE) — delays caused by the contractor, such as low productivity or late procurement. Entitles the contractor to neither time nor cost.

CRITICAL PATH ANALYSIS

• Determine the critical path — use the Critical Path Method (CPM) to identify the sequence of activities that directly impacts the planned completion date. Delay to non-critical activities does not typically grant an EOT.
• Apply delay analysis methodology — select and apply an appropriate, contractually permissible technique to quantify the impact:
  • Time Impact Analysis (TIA) — a prospective method where the delay event is logically inserted into the current schedule to project the resulting delay to completion.
  • Windows analysis — a retrospective method dividing the project into time periods, assessing the critical path and delay impact within each discrete window.
  • As-planned versus as-built — a straightforward comparison, useful for initial assessment but usually insufficient for complex claims.

CONCURRENT DELAY ANALYSIS

• Address overlaps — analyse events where Employer-caused and contractor-caused delays occur simultaneously, applying the contract's specific provisions to determine the contractor's net entitlement.

CONTRACTUAL REVIEW AND COMPLIANCE

• Verify compliance — ensure the contractor has strictly adhered to the contract's notice requirements, such as giving notice within a specified number of days. Failure to comply may invalidate the claim.
• Apply contract clauses — base the EOT assessment only on the grounds and clauses stipulated in the contract, whether FIDIC, NEC, JCT or otherwise.

PREPARATION OF THE EOT REPORT

• Factual narrative — prepare a detailed, factual and chronological narrative of all relevant delay events, cross-referenced to the project records.
• Schedule demonstration — include graphic representations such as Gantt and bar charts showing the original programme, the delayed programme and the application of the delay analysis methodology used.
• Final quantification — state clearly the total number of days of extension granted and the contractual basis for that determination, isolating days attributable to the Employer (E+C and E) from those attributable to the contractor (NE).

FORMAL COMMUNICATION AND ADMINISTRATION

• Draft the EOT — prepare the formal EOT certificate or instruction, which legally amends the contract completion date.
• Justification — write the official letter or report to the contractor providing a clear, reasoned and dispassionate justification for the time granted or rejected, referencing specific dates and contract clauses.
• Advise the client — advise the client or Employer on the findings, particularly regarding compensable delays that may lead to claims for additional cost such as prolongation.

Correspondence is vital in managing and mitigating construction claims.

• Early intervention — providing timely and accurate responses to notices and early warnings from the contractor, preventing issues from escalating into formal disputes.
• Analysing claims — reviewing and responding to contractor claims for time, cost or geological conditions by drafting counter-arguments and responses grounded in the contract and the factual record of progress reports, site diaries and correspondence.
• Protecting the client's position — ensuring all client-side correspondence is written to protect legal and contractual rights, maintaining a consistent position throughout the project.
• Conciliation and arbitration — providing technical and contractual support from early settlement discussions through to formal hearings.

We manage the outward flow of information to keep the client informed and involved.

• Progress reporting — preparing periodic reports, daily, weekly or monthly, summarising key correspondence, contractual issues and official notices exchanged.
• Advice and recommendations — advising the client on the contractual implications of correspondence received from the contractor, and recommending strategic responses and courses of action.
• Facilitating communication — acting as the main point of contact to streamline communication between the client, the contractor and other specialist consultants such as structural engineers and architects.

Conciliation is a voluntary, non-binding process in which a neutral third party assists the parties in reaching a mutual settlement. We support the client — Employer or contractor — by providing the technical facts needed for negotiation.

PREPARATION AND STRATEGY

• Factual analysis — conduct a thorough, impartial investigation of the dispute, reviewing all project records covering delay, cost, contracts and correspondence to understand the strengths and weaknesses of the client's position.
• Settlement assessment — quantify the potential time and quantum exposure for the client, establishing a realistic range for negotiation.
• Strategic advice — advise the client and their legal counsel on the key technical issues, contractual interpretations and industry practices that will influence a settlement.

SUPPORT DURING THE PROCESS

• Technical presentation — prepare clear, concise technical summaries for the conciliator and the opposing party, explaining complex issues such as critical path delay analysis or loss and expense calculations.
• Documentation support — organise and index the relevant documentation so the conciliator can quickly grasp the factual basis of the claim or defence.
• Direct support — attend conciliation meetings to provide immediate technical and contractual clarification, helping the client respond effectively to the conciliator's proposals or the opposing party's arguments.

Arbitration is a more formal, quasi-judicial process in which an arbitrator or tribunal hears evidence and delivers a legally binding award. The consultant typically acts as a party representative or as an expert witness.

CONSULTATIVE ROLE — ADVISOR

• Case development — work closely with the client's legal counsel to develop the overall legal and factual strategy for the case.
• Pleadings review — review and vet all formal legal submissions, including the statement of claim, defence and counterclaim, to ensure technical accuracy and consistency with the factual project record.
• Discovery and disclosure — identify all necessary technical documents, records and witnesses to be disclosed or requested from the opposing party.

EXPERT WITNESS ROLE — INDEPENDENT TESTIMONY

The consultant's highest responsibility is appointment as an expert witness, whose duty is owed to the tribunal rather than to the party paying the fee.

• Expert report drafting — prepare a detailed, independent and objective expert report covering the specialist area, whether delay analysis, quantum and valuation, or technical defects, stating clearly the facts, assumptions and methodology used to reach its conclusions.
• Joint report and conferencing — participate in expert conferencing with the opposing party's expert to narrow the issues and present a joint statement of agreed and disagreed facts to the tribunal.
• Oral testimony — testify at the hearing, presenting findings and withstanding cross-examination, explaining complex technical concepts in terms the tribunal can readily follow.

QUANTUM AND DELAY ANALYSIS

• Forensic scheduling — use accepted delay analysis methods such as time impact analysis and windows analysis to prove or disprove the causal link between events and critical delay to the completion date.
• Loss and expense quantification — accurately calculate the financial impact of variations, disruption and prolongation, whether for a claim or in defence against one, applying forensic accounting and the specific rules for recovery under the contract.