Case Studies

Commercial Solutions in Construction

 

The Project

  • Fit out of new 6000 sqm multi-purpose performing arts center for Southampton City Council comprising auditoriums, art galleries, dance and recording studios, offices etc.
  • A £13m JCT 2011 Without Quantities contract forming part of a £30m overall development.
  • Delays to planned completion of circa 61 weeks with disputed variations and loss & expense costs of approximately £2.5m

The Solutions
  • Appointed by Main Contractor Galliford Try to provide strategic review of disputed account and advise on options for resolution by adjudication or other appropriate means.
  • Advised and led GT commercial team to agreement of disputed variations.
  • Led the GT operational and commercial teams in preparation of multi headed loss and expense claim.
  • Engaged with customer and customer's QS to lead and bring about a successful negotiated outcome of all aspects of the final account and claims.
  • Avoided costly and undesirable legal disputes for all parties.
  • Provided independent internal commercial advice to GT executive board for management accounting purposes.

The Project
•Amended JCT Design & Build Main Contract circa £100m with 2 year construction programme
•Disputed variations and scope omissions circa £15m
•56 week delay to completion, significant loss & expense and LAD’s disputes
•Payment mechanism dispute
•Cladding subcontractor dispute and insolvency
•Fire in Apartments building during construction

The Solutions
•Guided and managed main contractor’s commercial team in preparation of final account
•Prepared and implemented dispute resolution strategy for variation account disputes
•Guided and managed preparation of delay analysis for EOT claim resulting in successful adjudication
•Guided and managed preparation of loss & expense claim
•With in house legal support, managed 7 main contract adjudications, and a TCC and Court of Appeal legal process regarding   payment entitlements
•Managed defence of 2 subcontract adjudications and negotiated numerous subcontract claims resolutions
•Managed cost recovery for fire insurance claim
•Supported in house legal team with successful final account mediation process

The Project

  • Re-furbishment of customer lounges, retail areas and ticketing hall in live station environment value circa £12m.
  • JCT Contract with Network Rail amendments
  • Complex sectional completions and 52 week overall delay
  • Claims and variations disputes circa £5m
The Solutions
  • Guided Main Contractor's commercial team in preparation of final account
  • Managed the preparation and submission of delay analysis, EOT and Loss & expense claims via 3rd party planning resource
  • Negotiated all aspects of final account settlement agreement with Network Rail on behalf of main contractor

The Project

  • Multi million pound major remedial works to existing County Council strategic highways network.
  • Programme of repairs to carriageways, associated slip roads, bridges and subways including live traffic management and out of hours working.
  • NEC Option A design & construct main contract
  • Significant historical customer and public relationship issues and commercial disputes

The Solutions
  • Built and led the project team operationally and commercially directing overall strategy for carrying out remedial works 
  • Acted as senior level customer contact for the Contractor with the County Council
  • Led the initiative to achieve project critical re-engagement of design consultant in parallel with pre-existing and ongoing commercial dispute
  • Supported main contractor in preparation of significant downstream commercial claim
  • Supported main contractor in mediation process

The Project

  • Tender for the development of 72 'super-prime' luxury apartments opposite Buckingham Palace
  • Grade 2 listed building with 4-storey basement and retained facade
  • Pre-contract services award leading to JCT form of contract with bespoke customer amendments value circa £175m
The Solutions
  • Led the commercial and contractual negotiations of pre-contract services agreement for main contractor.
  • Negotiated and agreed main contract conditions and bespoke amendments with customer

The Project

  • 37Km onshore cable trenches with associated substation infrastructure, ductwork, cable conduits and crossings.
  • Supporting what will be the worlds largest off shore wind farm being developed in the North Sea off the Est Anglia coast by Iberdrola/Scottish Power
  • NEC 3 Option B with bespoke Z clause amendments, contract value circa £15m
The Solutions
  • Provided independent detailed contract appraisal for infrastructure contractor, advising on contractual risks, opportunities and recovery entitlements
  • Provided review of Compensation Event entitlements and recommendations for strategy and actions required to realise optimal change event recovery

The Project

  • New build and re-furbished care home, JCT contract and value circa £12m
  • 56 week construction programme delayed by 20 weeks
  • Disputed variations and loss and expense claims of circa £3m

The Solutions
  • Resurrected deadlocked final account process with customer and consultants
  • Guided main contractor's commercial team to re-work final account
  • Led and managed preparation of delay analysis and loss & expense claim
  • Negotiated EOT with Architect
  • Negotiated and agreed main contractor's final account with customer

The Project

  • MEP installation for major commercial office re-furbishment in London West End
  • Circa £8m Subcontract value, and 4o week period with sectional completions
  • Significant delays, EOT claim, loss & expense and disputed variations
The Solutions
  • Adjudicated main contractor's LAD offset claim
  • Managed 3rd party preparation of detailed delay analysis for EOT
  • Negotiated settlement of loss & expense, variations and final account

The Project

  • The largest motorway service station in the UK at time of construction comprising 36 pump PFS, 675 car parking spaces plus 60 HGV's, budget hotel, food courts, restroom facilities and amenities space.
  • JCT design and construct contract with amendments, construction value circa £25m
  • Significant challenges for contractor throughout project lifespan including negotiation of contractual risk model, unforeseen ground conditions and integration of Employer's contractors.
The Solutions
  • Led a strategy of regional management intervention and support to provide hands-on problem solving for the Employer and the project team.
  • Assumed role of key customer contact and lead negotiator, finding innovative solutions to resolve a range of potentially deal-breaking issues.
  • Key role in facilitating final account settlement between contractors project team and Employer.