CADR Adjudication

PQS
Services

Surveying and Cost Control

CIBER ADR are involved with the day to day running of projects either as the as our Clients’ Agent  or acting for Contractors within the monthly cycle of  valuations, change and payment.  

We also deal with Construction delays, preparing delay analysis, loss and expense claims for damages arising out of delay and disruption, and dealing with any  Extension of Time Claims or advice on an EOT application’s rights.

On contracts in conflict we will assist our clients with  Breach of contract claims and claims arising from repudiatory breach. This may involve Defective work in construction projects or delivered works being of a  low quality. We also deal with  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 a variety of methods when analysing delay 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 issues of productivity and extension of time. 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.at

Claim Prevention Surveying

CIBER experts have worked on £200b of the world’s most complex projects minimising and eliminating quantum disputes; our customers rest assured that the team had the ability and experience to facilitate their project away from expensive claims even when involved in the most in-depth project issues.

Our consultant 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 its damages, its cost accounting system, and the method used to calculate damages. The proper allocation of the cost may often be the key to a client establishing its recoverability as part of a construction claim.

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 also multi-lingual, meaning we have the capacity to assist clients in most regions globally.Our approach to quantum analysis begins with a performance audit of the contractor’s project costs 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 its damages, its cost accounting system, and the method used to calculate damages. The proper allocation of cost may often be the key to a client establishing its recoverability as part of a construction claim.

Our expert teams draw on specialist expertise from a range of areas for this work, including:

Adjudication in Construction

If you are in Construction at 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 go about ensuring 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.

CIBER adr 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. Our support at the negotiating table has proved highly beneficial in obtaining much fairer settlements for our many Subcontractor clients, 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, CIBER adr 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 are equally able to advise upon 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.

CIBER adr has successfully represented many Subcontractors and Employers in numerous Adjudications concerning:

CLAIMS & REVENUE ENHANCEMENT

CLAIMS & REVENUE ENHANCEMENT

Payment Issues and Notices

The construction industry operates around payment issues; usually, the indifference to pay is the disputed source. 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 a multitude of letter templates and notices to deal with the following.

Our expert teams draw on specialist expertise from a range of areas for this work, including:

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 in an appropriate narrative and evidence.

CLAIMS & REVENUE ENHANCEMENT

CLAIMS & REVENUE ENHANCEMENT

Distressed Project Audit

CIBER ADR 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.

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