Disputes can arise when parties are unable to find any grounds for compromise in the settlement of any final account. Typically, disputes arise from disagreements over onerous contract terms, unrealistic programme obligations or incomplete design, and when the parties lose sight of the reasonable or common grounds for settlement, the dispute can often become ‘personal’. Where one party believes he’s entitled to more money, the other party pushes back – leaving the only route to settlement being through the application of the contract’s dispute clause.
Through our Dispute Services division, Quantum’s experts can provide services to support parties in dispute in three key areas:
- Litigation Support
- Tribunals and Expert Determination
- Expert Witness
Through litigation support, Quantum can provide technical experts with extensive experience in the construction and dispute fields, to help parties in the preparation of their dispute and with support through on-going litigation processes. In particular, Quantum can provide assistance with:
- Team Workshops – fact finding and strategy workshops to help a party understand the nature of the dispute and to help develop strategies for the framing of claims. Help to provide impartial guidance on matters, to assist the party in developing realistic objectives on the merits of particular claims.
- Risk Review – In addition to the development of claims strategies, assist a party to develop realistic reviews of risk, both in terms of the merits of claims but also the merits of the other party’s counterclaims. Help a party to identify and determine levels at which to consider settlements.
- Litigation Support – provide a technical interface between the party and his legal team. In particular, help a party and the team present their technical arguments in clear and simple terms to court appointed experts at litigation.
Tribunals and Expert Determination
Drawing on the experience of our practicing experts and arbitrators within our team, the Dispute Solutions Team can provide Independent Neutrals to preside with Expert Determination or sit on tribunal panels. With Expert Determination in particular, the Dispute Solutions team can facilitate the parties, allowing them to make representations and document submissions, ultimately on a route to securing a non-binding, cost effective and impartial settlement of their quantum, delay and contract matters.
With a core team developed from individuals possessing extensive hands-on construction experience, Quantum can provide technical specialists able to provide expert opinion at international arbitration. Drawing on the experience of our practicing expert witnesses, particularly at international arbitration under ICC rules, Quantum can provide expert reports, joint reports and testimony at cross examination in connection with:
- Quantum – evaluation of claim and counterclaim costs.
- Delay – evaluation of the extent of delay and probable causes of delay within periods in dispute.
- Construction Management – provide opinion on construction management issues and techniques, particularly involving issues around the administration of Joint Ventures.
- Technical – provide particular technical opinions for selected fields of expertise, for example ‘architectural design’.