Case Studies - Demonstrating Value

handshake Client: Local Authority

Services: Claim Defence

Project Description
Housing and Apartment Development – The Local Authority received a claim from the contractor in excess of £3m relating to purported prolongation and disruption costs.
The Challenge
  • The claim appeared to be well drafted and supported by relevant and appropriate evidence.
  • We needed to establish what the contractor was entitled to claim for, if anything, and make appropriate proposals to defend the claim if appropriate or proposals to settle the claim.
  • We needed to engage with the internal management team and external consultants to establish the facts and whether or not evidence was available to rebut the contractor’s claim.
The Solution
  • We immediately reviewed the project correspondence and records and discussed matters with the entire project team.
  • Through a systematic analysis of all the correspondence and records, we offered options and valuable advice on the way forward.
  • We established the strategy and advised as to the likely outcome.
  • We drafted further correspondence for the Local Authority in respect of ongoing issues.
  • The overall strategy was to reply to the contractor’s claim with a robust rebuttal as soon as possible.
The benefits
  • A robust rebuttal document was produced which changed the contractor’s initial aggressive tactics to a more collaborative approach.
  • We demonstrated added value to the Local Authority by proposing strategies that had not been considered that impacted on the overall outcome.
  • The robust nature of the rebuttal document assisted in a negotiated settlement.
  • We saved the Local Authority both time and money through the use of in-house resources directed by our expertise. The team was led by us and supported by relevant experts, thereby removing the need for the Local Authority to identify and brief external lawyers and experts. Although lawyers were instructed by us to deal with legal issues as appropriate.
  • The cost models that we offered to the Local Authority shared risk.
  • We reduced the Local Authority’s liability.
  • Had we not been able to provide a cost effective resource solution which immediately put in place an appropriate strategy to manage the overall claim it is likely that this matter would have drifted on for a longer period and as such would have impacted on the Local Authority’s liability and staff time.
  • Given our substantial experience in the dispute resolution process and more specifically claim rebuttal, we were able to deal with issues quickly and with confidence. We identified the Local Authority’s risk and put in place an appropriate strategy to minimise its liability.