CLAIMS & REVENUE ENHANCEMENT
Construction Claims Service
CADR is involved with Construction delays, preparing delay analysis, loss and expense claims for damages arising from delay and disruption, and dealing with Extension of Time Claims or advice on an EOT application’s rights. Breach of contract claims and claims arising from repudiation breach. Defective work in construction projects or low quality. Contract alterations, additional construction works or variation claims. Construction defects and contra charges. Termination of construction contracts, terminating contractors, subcontractor termination, and resolving claims arising from a contractor agreement’s termination, Quantum construction evaluation. Experts use various methods when analysing delays during the construction process, choosing the most appropriate to the circumstances. Our people are widely-experienced experts in the fields of disruption and delay analysis. They apply sound planning principles to evaluate and report on productivity and extension of time issues. Our experts also audit programme sequencing, and they advise on and help prepare appropriate submissions to the contract administrator in response to the effects of change and calculate the exact impact of disruption on the completion date.
Claim Prevention Surveying
CADR experts have worked on £200b of the world’s most complex projects minimising and eliminating quantum disputes; our customers are assured that the team has the ability and experience to facilitate their project away from expensive claims even when involved in the most in-depth project issues.
Our consultants present quantum reports as evidence for clients to avoid disputes before they reach mediation, arbitration, adjudication and litigation dispute forums.
Following a performance audit of the contractor’s project costs ledgers, our claim analysis and auditing, the CIBER team prepares an independent estimate of the costs the contractor may be entitled to recover under the relevant contract clause granting remedy or under breach of contract or tort law.
When reviewing damages, we analyse the contractor’s efforts to mitigate damages, its cost accounting system, and the method used to calculate damages. For example, the proper cost allocation may often be the key to a client establishing its recoverability as part of a construction claim.
- Forensic accounting
- Estimations and valuations
- Evaluating change orders
- Evaluation at termination
- Time and Motion Studies
- Forecast cost to completion
- Cost engineering and quantity surveying
- Construction cost auditing
- Assessment of damages, additional costs, loss and expense
CLAIMS & REVENUE ENHANCEMENT
Forensic Cost Analysis
Our forensic accounting and commercial damages team advises clients on complex, contentious matters and are instructed on disputes requiring the quantification of lost profits arising from breach of contracts and warranties, valuations resulting from expropriation and shareholder disputes, and quantification of damages in respect of class actions, professional negligence, insurance claims and post-acquisition disputes.
CLAIMS & REVENUE ENHANCEMENT
Quantum Report
Many of our quantum experts have presented quantum analysis reports as evidence for clients in disputes that have reached mediation, arbitration, adjudication and litigation dispute resolution forums. Several of our quantum experts are multi-lingual, meaning we can assist clients in most regions globally. Our approach to quantum analysis begins with a performance audit of the contractor’s project cost ledgers. Based on our claim analysis and auditing, the team prepares an independent estimate of the costs the contractor may be entitled to recover under the relevant contract clause granting remedy or under breach of contract or tort law. When reviewing damages, we analyse the contractor’s efforts to mitigate damages, its cost accounting system, and the method used to calculate damages. Proper cost allocation may often be the key to a client establishing its recoverability as part of a construction claim.
- Cost engineering and quantity surveying
- Construction cost auditing
- Assessment of damages, additional costs, loss and expense
- Forensic accounting
- Estimations and valuations
- Evaluating change orders
- Evaluation at termination
- Forecast cost to completion.
Adjudication in Construction
If you have been in Construction for some time, you have struggled to obtain payments. Main Contractor or Clients alike, you may have had disputes with your supply chain. You may require dispute resolution and contractual support before you sign up for adversarial commitments or expensive lawyers.
You may have heard of Adjudication but aren’t sure what it involves, how to ensure a win, or how much it will cost.
Suppose you need to resolve a dispute and collect your cash quickly. In that case, there are several options before committing to the expense. As construction adjudicators and mediators, our experts will guide you through the process, prepare the submissions, and oversee the process, with you having as much or as little involvement as you prefer.
CADR has helped its clients resolve disputes ranging from £10,000 to £100 Million in value.
Often, initial contact is required to bring the problem to a head and facilitate negotiations. However, our support at the negotiating table has proved highly beneficial in obtaining much fairer settlements for our many Subcontractor clients and all trades and unlocking their unpaid cash.
However, once a dispute has manifested itself, it usually means that the other party has made a favourable decision not to pay you or to agree to grant the required extension of time. In these situations, CADR regularly provides a full Adjudication service to its Subcontractor clients. With your input, we prepare and submit all the necessary formal adjudication documentation, arrange for the appropriate appointment of an experienced Adjudicator, and manage the process to obtain a Decision for you.
In addition to Adjudication, we can equally advise and represent our clients in other forms of dispute resolution, including Mediation, Arbitration and Expert Determination.
Adjudication was made part of the UK’s Construction Law in 1996 via the Housing Grants, Construction and Regeneration Act. Hence, most construction contracts have the right to refer disputes to Adjudication, whether the Contract provides for it or not. Once commenced, Adjudication is a 28-day process. The Adjudicator’s decision is interim binding on both parties and enforceable at law if necessary.
Suppose you are owed money under a construction contract or subcontract. In that case, the likelihood is that CIBER adr can successfully recover payment on your behalf, either via Negotiation or using the power of Adjudication. After reviewing your case’s strengths with you and then agree with the strategy needed to obtain your money.
In many cases, we can offer a fixed fee arrangement or even a no-win-no-fee service which allows you to reduce your risk in the unlikely event that the Adjudicator does not decide in your favour.
CADR has successfully represented many Subcontractors and Employers in numerous Adjudications concerning:
- Payment Disputes
- Retention Release
- Defects and associated rectification costs
- Extensions of Time
- Loss and Expense
- Liquidated Damages
- Contra-Charges
- Damages for Breach of Contract
- Loss of Profit
CLAIMS & REVENUE ENHANCEMENT
Payment Issues and Notices
The construction industry operates around payment issues; the disputed source is usually indifference to pay. We see the early markers for payment disputes; therefore, we can put in working practices or even regular negotiations to avoid the trap of not being paid. We have many letter templates and notices to deal with the following.
- Scope of Work non-compliance
- Delay in delivery of the works
- Liquidated damages or defects
- Breach of Contract
- Contract termination
- Suspension & repudiation
- Default Payment Notice failure
- Incorrect Pay Less Notice
- Design failure
- Variations to the construction work.
- Late payment
- 'pay-when-paid' clauses.
- Insolvency
- Retention not released.
- Professional negligence
Our expert teams draw on specialist expertise from a range of areas for this work, including:
- Cost engineering and quantity surveying
- Construction cost auditing
- Assessment of damages, additional costs, loss and expense
- Forensic accounting
- Estimations and valuations
- Evaluating change orders
- Evaluation at termination
- Forecast cost to completion.
EOT Claims
Extension of time EOT in construction contracts is a valuable route to increased revenue and profit that many clients overlook. Construction contracts allow the construction period extension to delay that is not the contractor’s fault and is a relevant event.
This is expressed as an extension of time claim or (EOT), it becomes reasonably that there is, or that there is likely to be, a delay that could merit an extension of time, on behalf of the contractor written notice is presented to the contract administrator identifying the relevant event that has caused the delay. The contract administrator will accept a delay caused by a relevant event and professionally present. We will seek the grant for an extension of time. The completion date is adjusted, with any costs following through
CLAIMS & REVENUE ENHANCEMENT
CLAIMS & REVENUE ENHANCEMENT
Retainer Services
Retainer – Claim Advisory
We offer a low retainer for new clients to obtain construction advice on an ongoing basis for a small monthly fee. This service unlimited in terms of the scope of the advisory time given around one contractual issue. Retained service is an ideal opportunity for companies to take a small amount of advice quickly to protect their business in the long term.
Retained – Scheduling.
Scheduling software is standard amongst larger constructors. Skilful strategies and knowledgeable operators can extract more time and money from the company’s clients. As one moves down the Tiers of Construction, this revenue method is unknown or dismissed as too expensive or complicated despite the returns being factors or 10x or 100s to the investment. We employ a panel of forensic schedulers who quickly turn distressed losing projects into stable, profitable ones within days.
Loss and Expense Claims
We evaluate claims and seek justice for any outstanding contractual claim; this may or may not be a current project; indeed, if it is within the statute of limitations, a company can reopen any project dispute against the other party or their assigns.
Construction disputes are time-consuming and eat into the working stress levels very quickly. We have a unique database of knowledge to manage your construction dispute to a positive conclusion. We employ several expert panels to find the optimal strategic commercial solution supported by an appropriate narrative and evidence.
CLAIMS & REVENUE ENHANCEMENT
CLAIMS & REVENUE ENHANCEMENT
Distressed Project Audit
CADR are often called to the client’s aid (usually too late) to rescue projects that have left the original or intended path. Our forensics investigation has uncovered and prevented all the following in past engagements.
- Corruption Payments
- Monitoring Surveyors Negligence
- Bribery and overpayments
- Building control Fraud
- Developer Phoenix
- Duplicate Contracts
- VAT Fraud and Money Laundering
- Ghost Labour Squads
Monitoring Surveyor Audit
One specialist area that we are asked to intervene in is for funders to audit, monitoring surveyors’ reports for fact and correctness. We often find that monitoring surveyors have become heavily influenced by contractors or the lender, there overvalued projects before a strategic liquidation by the builder or the lender.
CLAIMS & REVENUE ENHANCEMENT
Recent Comments