OUR SERVICES

Disruption

Disruption claims are notoriously difficult to prepare/pursue and require specific expertise to understand the project issues and how best to approach and explain any analysis.  In many instances, a lack of expertise will result in global claims, which generally have a low prospect of success.  At CBBG, our experts have been involved in preparing opinion reports on complex disruption issues and explaining these under cross-examination.

Disruption is the disturbance or interruption to the Contractor’s planned work method; this may lead to reduced productivity and result in unforeseen additional costs. Some examples of the causes of Disruption are:

• Redesign;
• Multiple changes to the scope of work;
• Acceleration (directed or constructive); and
• Stacking of trades.

CBBG Group offers Expert Witness services in the specialist field of Disruption and Acceleration Claims. Our Experts are well versed in calculating lost productivity resulting from Disruption. CBBG utilise several analytical methods to calculate lost productivity or the effects of Disruption:

• Productivity-based methods
  • Project Specific studies:
    • Measured Mile Analysis
    • Earned Value Analysis
    • Programme Analysis
    • Work or Trade Sampling
  • Project-comparison studies
  • Industry Studies

• Cost-based Methods
  • Estimated v Incurred Labour
  • Estimated v Used Cost

Quantum

Construction disputes usually pose a challenging set of circumstances and variables that often then become complex and multifaceted disputes.

CBBG’s quantum experts draw up their many years of live project experience across a broad range of industry sectors, to deliver excellent results for our clients regardless of the challenges presented.

By applying their practical knowledge and experience, CBBG’s experts are able to identify and understand the key components within complex disputes to ensure that the appropriate and proportionate methodologies are applied in their evaluation.

As well as being able to manage and analyse vast and complex data, CBBG’s team is proud of our exceptional track record of producing deliverables that are well-articulated, easy to follow and precise.

Through their experience of formal dispute proceedings, along with a range of appropriate methods, our experts deliver impartial and balanced points of view in the valuation of the varying range of claims encountered to ensure their opinions and evidence is well respected by our clients and tribunals.

The proper allocation of cost is a key component of a client establishing its recoverability as part of a construction claim.  Therefore, appointing the right quantum expert with the appropriate experience and skills is critical to any formal construction disputes.  We have the expertise required to fulfil that role.

Quantum expert’s services includes:

• Prolongation costs assessment
• Disruption and acceleration analysis
• Evaluating variations
• Valuation at termination
• Assessment of defective and rectification works
• Assessment of damages, additional costs, loss & expense
• Independent Quantum Assessment/Report
• Liquidated damages
• Expert testimony

Technical

CBBG’s experts have a depth of experience in the diverse and challenging aspects of construction
and engineering projects, and have been appointed to provide specialist knowledge, advice and
dispute support covering a wide range of technical issues across a variety of industry sectors.

Our technical experts have been appointed, for example, to carry out a range of services such as:

• the review and assessment of technical claims and preparation of technical expert reports
  on a multipurpose development; and,
• providing opinion evidence related to access and infrastructure obligations under a master
  development agreement.

In addition to our in-house expertise, CBBG has access to a wide network of specialist technical
experts with whom we collaborate to provide a comprehensive service to meet the specific
requirements of our clients.

If you have a specific technical issue, we encourage you to speak to us.

Independent Expert Determination and Alternative Dispute Resolution

Statistics show that even the most well managed projects will have claims and disputes between the parties to the contract.  When disputes arise, it is recommended that the parties engage in early dispute resolution processes that seek to avoid arbitration or litigation.

CBBG Group provides business critical support in dispute management and resolution, as well as assisting clients in the assessment of risk and settlement of disputes.  When the parties to a contract fully understand their risks and obligations, this helps to minimise the number and size of disputes so that successful project conclusions can be achieved.

We have the experience and critical analytical skills to bring clarity to matters of dispute involving time and money.  We listen carefully to fully understand the specific issues affecting our clients and provide proactive solutions that assist in resolving these.

CBBG Group’s independent expert advice services include:

• Independent Expert Determinations.
• Independent third-party reviews to bring clarity on issues in dispute and assist the parties in settlement discussions.
• Independent analysis of the strengths and weaknesses of the disputed matters and the parties positions.
• Expert advice on settlement strategies to avoid escalation to arbitration and litigation.
• Appointments to Dispute Adjudication Boards (DABs).

Independent Expert Determination

This is an Alternative Dispute Resolution (ADR) process in which an expert (or experts) in the subject of the disputed matters is appointed to provide an Independent Expert Determination to resolve the disputed matters.  The process is also sometimes referred to as Third Party Expert Determination.

In circumstances where the parties have already engaged in discussions to settle disputes but without success, Independent Expert Determination is an ideal step prior to engaging in more formal and more costly proceedings such as arbitration and litigation.

The parties have full flexibility on agreeing the scope for an Independent Expert Determination, which allows multi-party disputes to be considered (for example, a dispute which involves critical issues between the client, contractor and subcontractor or subcontractors).

The expert (or experts) can be appointed by one party or jointly appointed depending on the requirements of the parties.  Also, and unless the contact contains specific provisions, the parties can agree whether the expert determination will be either binding or non-binding.

The contract does not need to contain any specific provision for expert determination, as the parties can enter into a separate agreement (outside of the contract) to engage in the expert determination process.  There are standard agreements from various recognised industry bodies, such as the Academy of Experts or Centre for Effective Dispute Resolution (CEDR).