Claims are common events in the life of projects. Their resolution is based on the search for a contractual balance between the stakeholders. While we are always looking for ways to avoid litigation, we know how to support project teams and their legal advisers in setting up and defending offensive or defensive claims.
MAREEX’s reference: extension of time and COVID-19
Following the COVID-19 pandemic, numerous delays have been announced and observed since 2020 on major projects. We have analysed the opportunities that are available to you to anticipate an deal with such disruptions in the context of Extension of Time (EOT) submissions.
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Calm down conflicts
We always recommend our clients a gentle management of disputes, to the extent this remains possible. Our experts, thanks to their experience in Project Management, know how to contribute to a constructive dialog among the parties. A dispute managed diligently and with ability reduces risks the company and its projects are exposed to.
The best protection against claims remains the day-to-day management, especially when disruptions have to be notified. This management lies on commitment and vigilance of the whole project team, which our training courses aim at strengthening.
We also offer risk-audits to control the occurrence of disruptions. Risk identification allows your teams to react timely, as they are prepared to their occurrence and to their foreseeable consequences on schedule and costs.
Strengthen your claims
Despite all anticipation measures put in place, a dispute can always arise between the parties. If a claim is submitted, we perform a feasibility study to oppose it and prepare the counter argumentation. To the opposite, we assist our clients to defend their entitlements through claims based on duly supported strategic options.
As a first step, our experts can estimate the chances born by a claim through a risk analysis. We offer an analysis of the feasibility of a claim and of the possible strategies bases on key contractual clauses. This analysis enables us to assess realistic expectations with regard to the claim.
Ensuring the correctness of a dispute resolution, whether contentious or not, relies on the quality of the information available. Shortcomings and biases may hamper the success of an agreement or of a decision.
To put together a strong argument, we perform an identification of available information through interviews with the project team. Through involving Project team members and interacting with them, we prevent altogether building our analysis on incomplete or biased storytelling, misunderstanding of issues at stake, which may sooner or later play against our client’s argument. The mutual trust forged from the outset strengthen our clients’ defense.
MAREEX +++ a flawless documentation review
Thanks to OppiData®, from the feasibility analysis, we perform a documentation review to point out unuseful and non-understandable documents. We thus avoid missing any piece of information that may be favorable to the file or suffering any lack of preparation on topics not addressed by the Project Team. Rapidly, we are able to locate not only evidences but also writings that may contradict our argumentation, without wasting time and money.
We can take part in the development of clams by strengthening and enriching the supporting documents. Our custom-made assistance can be provided at any stage of the development of a dispute, from negotiation table to court.
We see ourselves as forces of proposal to define or implement a claim or defense strategy. We can be our client’s relay to translate or supervise the collection of material that can be useful to lawyers or experts.
Our experts provide a comprehensive diagnosis on the project, covering technical, engineering and project management aspects. We deepen the documentation review initiated during the feasibility stage and take into account applicable law. Key project individuals may be involved in consideration of their availability, as expert witnesses or witnesses of facts.
We draft relevant and reliable claim files. The clarity of our reports allow legal advisors and technical experts involved on the case to grab the essence of topics that may be equally technical and complex. We can also defend our client’s position in front of arbitrators, judges and experts as expert witnesses or witnesses of facts.
MAREEX’s success: sinking a claim
While its delivery was expected at the end of March, a scientific vessel could not be made available to the customer before the month of July. The shipowner has stated his willingness to claim a penalty of € 2 million in damages due to the delay in delivery, in accordance with the contract.
We were able to quash the claim by drafting a counterclaim. Thanks to an analysis of the deadlines, the MAREEX experts were able to prove that the delivery was not three months late but had taken place two months before the scheduled date. The disruption was due to the many changes that the shipowner had requested during the execution of the project. Not only were we able to protect the commercial margin but we were able to improve it: we explained that our client was entitled to financial compensation of 2 million euros following the acceleration measures that he was forced to implement.