We support construction process participants in avoiding and resolving disputes.
We are firmly convinced that only complete commitment and involvement in tasks conferred on us, preceded by an appropriate strategy of action, guarantees the highest quality of our services. At all times we tailor our offer to suit the individual needs and expectations of our Clients and the specific nature of a given project, by matching each order with a duly composed and dedicated CCM Expert Team.
The detailed offer of expert support services provided by the CCM to construction process participants comprises in particular:
- Support as an Independent Consultant Engineer for construction projects, including public projects according to the FIDIC, World Bank and EBRD (European Bank for Reconstruction and Development) models;
- Provision of high-level advisory services on proper contract management from the goal perspective – project completion within the target time and budget;
- Participation in strategy and internal procedure development to maximize profit (cost reduction, additional payment) and to avoid or reduce the impact of contract risks (cost increase, contractual penalties);
- Project progress audits in terms of assessing the general project status, identifying potential risk areas (identification of circumstances contributing to a project cost increase and/or project time for completion extension) and recommendations for follow-up actions;
- Acting as the Client’s representative in negotiations of terms and conditions of contracts under conclusion (and changes thereto – annexes) for construction works and/or design work
- Contract procedure preparation and supervision;
- Monitoring of the obligations of the parties to the contract and ensuring that the Contractor’s contractual obligations are fulfilled;
- Monitoring of contractual deadlines;
- Management of contract information flow;
introduction and contract instructions issuance;
- Key contractual correspondence development (correspondence addressed to the Employer, to the Engineer, and to subcontractors);
- Delay claims preparation (a variation to programmes, and/or extension of the Time for Completion) with regard to the analysis of construction process disruptor events, critical path analysis, and the results of delay analysis carried out according to one of the techniques recommended by AACE International (Association for the Advancement of Cost Engineering);
- Financial claims preparation (increase in costs related to the extension of the project time for completion – direct and indirect costs, extra downtime costs, extra project acceleration costs, project progress disruption costs, decrease in productivity, necessity of extra work, necessity of basic work according to an alternative technology, increase in prices caused by an extraordinary change in relations / a gross loss) according to the individually selected cost quantum analysis methodology;
- Claims negotiation strategy preparation and representation on behalf of the Client in claims negotiations with the Employer/Engineer;
- In the instance the claim is rejected or a lesser claim extent is approved , with respect to which the Contractor disagrees: preparation of a negotiation case study proving the benefits for the parties upon approval of the Contractor’s offer and the parties’ losses upon rejection (“win-win” negotiations);
- In the instance the position of the Employer/Engineer on claim rejection or lesser-extent approval, with which the Contractor does not agree, is preserved: determination of disputes in relation to claims rejected or partially approved by the Employer/Engineer;
- Defense against the Employer’s claims and against possible sub-contractor/service provider/supplier claims.
- Defense against the Contractor’s claims and against possible sub-contractor/service provider/supplier claims
- Dispute avoidance and resolution (mediation and conciliation);
- Appearing as the Party’s Expert (delay and quantum analyses, performed work and performance-related technical aspect quality analyses);
- Private Expert Witness opinions concerning the determination of the progress disruption impact on changing the milestone and/or extending the Time for Completion (FIDIC template contracts);
- Delay analyses by prospective (forward-looking) techniques: “Impacted as Planned” or “Time Impact Analysis” (TIA)
- Delay analyses by retrospective (backward-looking) techniques: “The Collapsed As-Built” or “As-Planned Vs As-Built”
- Private Expert Witness opinions pertaining to the determination/verification of the influence of a project price and cost increase on the Contractor’s right to receive a higher remuneration due to an extraordinary change in relations leading to incurring or risking incurring a gross loss;
- Market analyses of increases in acquisition costs and prices of specific construction industry goods and services and their changes at the turn of a defined reference period;
- Quantum analyses regarding the determination of the amount of the loss incurred due to a construction project price and cost increases exceeding the threshold of the so-called “regular business risk”; calculation of the amount of the claim for the determination of the legal situation.
- Quantum analyses regarding the verification of the amount of the filed aim for the determination of the legal situation due to extraordinary construction project price and cost increases.
- Private Expert Witness opinions pertaining to the determination/verification of the amount of claims for payment of indirect costs related to the extension of the /Time for Completion;
- Quantum analyses regarding the determination/verification of the amount of extra indirect costs in terms of general construction costs.
- Quantum analyses regarding the determination/verification of extra indirect costs in terms of Home Office Overhead costs.
- Expert/Private Witness Expert opinions on the determination/verification of the amount of claims for payment of extra project costs.
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to the necessity to execute extra/ varied/added works;
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to the necessity to execute basic works in a manner different than the bidding specification, e.g. according to a varied technology;
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to work downtime;
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to project disruptions and/or decrease in productivity;
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to the necessity to accelerate work execution;
- Quantum analyses regarding the determination/verification of the amount of a project cost increase due to changes in the binding legal regulations (e.g. changes in the Act on the Minimum Wage for Work and Minimum Hourly Rate).
- Private Expert Witness opinions pertaining to the determination of the amount of mitigating contractual penalties pursuant to the physical and financial project progress as at the date of expiry of the relevant Time for Completion
Dispute Management – The CCM Dispute Resolution Institute
- Expert Witness Opinions on Common Courts of Law decisions;
- Ad-hoc Appointed Expert Team Opinions on Common Courts of Law decisions;
- Ad-hoc Appointed Expert Team Opinions in Arbitration Court proceedings.
- Verification of project costs and status with traditional and Earned Value methods;
- Project Management at the project planning, delivery, and final account stage;
- Preparation of specific Schedules with logical connections between individual tasks, critical path identification, resources, and delivery schedules;
- Project risk and uncertainty assessment.
Other expert support services
- Technical Due Diligence (TDD) analyses:
- Third Party Funding; External Expert analyses on the validity and value of construction work contractors’ claims in Third-Party Funding transactions;
- Quantum and technical aspect analysis Expert support for the construction work progress loss risk policy indemnification procedure;
- Expert opinions on the assessment of completed works/structures, found performance defects, and defect remediation quality/cost.
- Methods of increasing the performance of claims assertion and defense against claims – case study;
- Methods of securing the contract with necessary evidence for possible future court dispute purposes – case study;
- FIDIC contract terms and conditions – case study.