Construction & Infrastructure

Article

Construction & Infrastructure

Dispute Services

Construction & Infrastructure is one of the largest but also one of the most difficult sectors of the economy. Disputes arising in connection with construction projects are hardly ever straightforward and their settlement involves a time-consuming process often contributing to the delay of construction projects, exposing both the investor and the contractor to significant losses.

The causes of disputes in these projects can broadly be categorized in four ways:

  • Owner related (i.e. changes in scope, payment delays)
  • Contractor related (i.e. financial failures, time delay)
  • Project related (i.e. contracts lacking relevant price adjustment mechanisms, flawed design)
  • Related to external factors (i.e. weather, site conditions, unexpected events).

Irrespective of the cause of the dispute, our broad experience in the sector enables us to assist our Clients in the following areas:

  • Advisory – working with developers and funders to monitor major projects;
  • Business valuations – understanding the valuation of construction and infrastructure projects and companies;
  • Claims for lost profits, including early termination losses;
  • Delay analysis - additional costs of work and delay deductions, change orders, overage claims and defects rectification;
  • Forensic technology – data analytics, electronic disclosure
  • Insurance claims – loss of profits following rectification work and similar
  • Investigation work – cost verification work, contract reviews, fraud, bribery and corruption investigations.

Industry: Construction & Infrastructure

Type of proceedings: Arbitration

Our role: Party-appointed expert

Type of dispute: Non-performing contracts

Our services: Assistance in expert testimony for a Slovenian construction company (Respondent) in a claim administered by the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (LAC) brought by its two Macedonian subcontractors (Claimants) in a power plant construction project. Preparation of an expert report on settlement of mutual financial claims between the parties. The parties finally reached an agreement, to which our analyses contributed.

Industry: Construction & Infrastructure

Type of proceedings: Arbitration

Our role: Tribunal-appointed expert

Type of dispute: Shareholder disagreements, Non-performing contracts

Our services: Assistance to Beirut-based tribunal in an international arbitration administered under the rules of arbitration of the International Court of Arbitration of the International Chamber of Commerce between two Lebanese construction groups over the operations of their joint venture established to construct several luxurious apartment blocks in a high-profile district of Doha, Qatar. Preparation of an expert report on accounting for the results of the operations of the JV and provision of oral testimony during a hearing in Beirut.

Industry: Construction & Infrastructure

Type of proceedings: Arbitration

Our role: Advisor

Type of dispute: Post M&A disputesShareholder disagreementsAccounting malpractice

Our services: Assistance to a majority shareholder of a street lighting services company (a private-equity fund operating in CEE), in a financial analysis of potential claims arising from the breaches of SPA by former owners and current minority shareholders. Followed by drafting a statement of claim for the purpose of arbitration as the initial negotiations failed.

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