|CLIENT:||Govericks Limited, Chartered Quantity Surveyors and Dispute Specialists|
|CONTRACTOR POSITION:||Tier 1 Contractor|
Our instruction at ProQS was to act in our capacity as Chartered Quantity Surveyors specifically working as contractual dispute specialists to provide an independent judgement around an incumbent disputed contractual claim. The independent judgement was to inform the legal teams’ adjudication strategy. We were commissioned to carry out this project via a recommendation from a past client.
The service was to provide an extensive examination of the pricing documents, drawings, specifications, historic correspondence and the cost data involved. Much of the work we carried out was to examine and substantiate the contractual argument of the disputed claim, prepare estimates, and appraise existing rates and prices reflect the work undertaken and offer ‘best value’. The outline solution and process to lead us to a final judgement for the client was to…
- Establish and demonstrate the principle of change.
- Organise, schedule and examine the pricing documents, drawings, specifications, correspondence and cost data.
- Prepare estimates and benchmark the rates and prices with BCIS cost information.
- Provide a judgement of the disputed claim.
In order to provide the right kind of evidence for the client, points of principle were established. This then allowed us to provide admissible evidence to verify the claim and present the ‘actual loss’ and ‘expense’ position of the contractor. A very happy contractor was able to come to an agreement. ProQS delivered the required information within the pre-agreed timescales required.
- Challenged and established the contractual arguments
- Comprehensive evidential cost analysis to support the claim
- Outlined discrepancies to help form a conclusive judgement
- Handled large volumes of information in a short period of time
- Provided accurate estimates and cost analysis with limited knowledge of the project and inherent poor communications
- Provided a highly satisfactory conclusion for the client
The tasks involved were extensive and included:
- Challenging or establishing a contractual argument for the ‘principle of claim’ from samples of poor communication between parties concerned.
- Overcoming pricing differentials and documentation discrepancies to form a judgment.
- Managing large volumes of information in a short period.
- Reconciling documentation with mismatched variation descriptions.
- Prepare accurate estimates with limited knowledge of the particulars of the work, program and methodology.
- Prepare accurate estimates with limited clarity of the delegation of responsibility.