B. Riley Financial’s Post

At Nexus Consult, we understand the challenges you face in delivering successful construction projects profitably. Unforeseen issues, delays, disputes and claims can quickly derail budgets and erode your hard-earned margins. That's where our specialised Commercial and Contract Management, Dispute Management and Expert Witness services come in. We provide robust technical expertise to keep your projects on programme and ensure you recover your full entitlements. At every stage, our priority is ensuring you are fairly compensated for your works while robustly defending against inflated claims or liabilities. We give you the expert backing to deliver projects profitably. Don't let avoidable issues jeopardise your next project's success. Engage Nexus Consult for the technical edge and let us protect your bottom line. 📞 +44 (0) 345 053 1627 📞 +971 (0) 52 895 4987 📧 info@nexusconsult.co.uk #NexusConsult #Legal #ConstructionIndustry #ConstructionLaw 

**Mastering Extension of Time (EOT) Claims** I understand the critical importance of effectively managing delays and disruptions on construction projects. One key aspect of this process is preparing **Extension of Time (EOT) claims** to address project delays and seek appropriate extensions. n this post, I'll provide a detailed guide on how to master the preparation of EOT claims, ensuring clarity, accuracy, and compliance with contractual requirements. Let's Go: 1️⃣ **Understand Contractual Obligations**: Review the construction contract thoroughly. Understand clauses on delays, extensions, notice requirements, and claims. 2️⃣ **Document Delays Methodically**: Record all delays encountered, including dates, durations, and causes. Use contemporaneous records like reports and correspondence for support. 3️⃣ **Evaluate Entitlement to EOT**: Assess each delay event to determine entitlement. Consider responsibility, concurrency, and notice requirements. 4️⃣ **Quantify Delay Impact**: Utilize techniques like Critical Path Method (CPM) analysis to quantify delay impacts accurately. Calculate total days or duration attributable to each event. 5️⃣ **Prepare Comprehensive EOT Claim Document**: Compile documentation, analysis, and calculations into a comprehensive claim document. Include detailed descriptions, supporting evidence, analysis, calculations, references, and explanations. 6️⃣ **Submit EOT Claim**: Follow contractual procedures for submitting claims, including notice requirements and deadlines. Submit to the appropriate party as per the contract. 7️⃣ **Engage in Constructive Negotiations**: Be ready for constructive negotiations after submitting the claim. Respond promptly and explore resolutions to achieve a mutually acceptable outcome. 8️⃣ **Consider Dispute Resolution Mechanisms**: If negotiations fail, consider dispute resolution mechanisms like mediation, arbitration, or litigation. Seek legal advice if needed. 9️⃣ *Maintain Transparency and Communication*: Keep open communication with all involved parties. Maintain detailed records of all correspondence and meetings. Following these steps, construction professionals can effectively address project delays, protect their interests, and maintain contract integrity. #ConstructionManagement #EOTClaims #ContractManagement #ProjectDelays #ConstructionLaw

If you want to build a winning case in construction arbitration, these five steps are your blueprint for success: 1. Engage with the Project Team: Initiate a focused meeting with key project team members to understand the critical facts of the claim. Experience suggests this will identify the key events and documents, but many details may need to be corrected. 2. Post-meeting verification: Take the story you have been told and verify it against the project correspondence and records. This will reveal which details are true only from a 'certain point of view' and may reveal other information that is material to the case. 3. Bridge the gap: Follow up with the project team to address any gaps or deviations and dig deeper into what people were thinking, their options, and why critical decisions were made. 4. Review the legalities: Now that the factual case has been developed, match the contract's requirements with the facts to see if you have all the required elements. If you still need factual elements, repeat 1 to 3 until you have filled in all the blanks. 5. Finalise the Factual Narrative: Prepare a draft factual narrative. Discuss it with the project team. Incorporate any relevant comments and finalise the narrative for inclusion in the relevant arbitral submission. So, there you have it - the blueprint to your construction claim victory. Now, go build your case! ____ If you want more of these insights, sign up for my newsletter: https://lnkd.in/g_mQDNGB ____

The best construction arbitrations are the ones that didn't happen. I remember talking to in-house counsel at a contractor who had a HK$300m claim on her desk. She was ready to start an arbitration because the employer did not show any interest in reaching a fair settlement. The project team told us they were being played around with. Some days, the employer claimed it was willing to settle but at less than HK$100m. Other days, they were told that their claim was worthless. Over the course of the discussion, it became clear that: (1) Discussions only occurred at a project / commercial team level. Senior management on both sides outside of the project team had not become fully involved. (2) The discussions only took place in meetings. Additional information was often supplied to the employer piecemeal at these meetings, resulting in further queries. (3) No one mapped out where issues had already been discussed, and no one recorded when principles and quantum were partly agreed upon. This meant that, every so often, the employer would reverse its agreements and start again from scratch. After identifying these problems, we built a route for resolving the claim: (1) Write a formal letter to the employer stating the current status of the discussions and emphasizing the need for a resolution within a reasonable time frame. (2) Collect all the emails/documents/materials sent to the employer and start building a claims file for easy reference. (3) Start keeping records of meetings and discussions so that action points can be shown to be closed out and the relevant email/letter that recorded the action can be easily identified in the future from the claims file. (4) Send a letter from our senior management to the employer's senior management, inviting discussions towards resolving the claim. This became our route map to escalate and resolve the claim. The plan gave the project team momentum, set a direction for its future engagement with the employer, and included a clear escalation plan. It also gave the team confidence to push ahead rather than accept a low-ball offer. They also knew that if that didn't work, they could return to consider the next steps, including arbitration. ____ If you want more of these insights sign up for my new newsletter: https://lnkd.in/g_mQDNGB ____

In the complex world of #construction, 'turnkey' projects are those where the contractor assumes the lion's share of responsibility, from design and engineering to procurement and construction. Read the latest article in the Global Arbitration Review where James Doe, David N., and Noe Minamikata provide a deep dive into the intricacies of #construction #arbitration within the context of these turnkey projects. Our experts explore the various facets of these projects, from the contractor's key obligations to the potential #disputes that may arise, and the crucial role of arbitration in resolving these disputes.   Read the full article on the GAR website, here: https://lnkd.in/ePAzSRdz

Construction projects frequently involve technical challenges and unexpected hurdles, complicated by the involvement of multiple parties. Such situations can lead to disputes, carrying significant financial implications if not promptly addressed. Our team of specialist litigators have extensive expertise in navigating the complexities of construction projects. We employ a range of dispute resolution methods, tailoring our approach to suit the unique requirements of each case. Explore more about Construction Disputes: https://bit.ly/3qv7G3j #ConstructionDisputes #LegalAdvice #Mediation #DisputeResolution

When issues emerge on complex building projects, you need specialists by your side. At Nexus Consult, we are the master of: ✔️ Construction Claims - If disputes or losses arise, we will quantify every cost and fight to recover your expenses. ✔️ Quantity Surveying - From cost control, building variation accounts, submission of monthly applications for payment, building robust final accounts to general day-to-day commercial management. We’ve got you covered. ✔️ Quantum Expert Witness - Our quantum expert Scott Coulton serves as independent quantum witness for adjudication, arbitration mediation and legal proceedings. Backed by decades of experience across countless projects, we tackle problems with precision. Time to cut through the noise and see clarity and proven results. If you're facing a construction challenge, tap into the expertise of Nexus Consult: https://lnkd.in/e9mf8sye #NexusConsult #ConstructionIndustry #Claims #QuantitySurveyor #ExpertWitness

It's Thursday! 𝐈𝐭'𝐬 𝐓𝐡𝐞 𝐀𝐥𝐥𝐢𝐚𝐧𝐜𝐞 𝐝𝐚𝐲! Construction disputes typically involve technical issues as well as issues of delay and quantum and are recognised, as a result, as being notoriously complex and expensive to run. The business of law is changing, and dispute funding is very much an integral part of the future of the global and litigation markets. Much of the growth in third-party funding has been fueled not by an increase in impecunious parties but by well-resourced companies wishing to take the cost of pursuing arbitration off the balance sheet or to use their resources for pursuing other business priorities rather than financing the cost of an arbitration. Don't let complex technical issues drain your resources. Embrace third-party funding to shift the balance in your favor. Let's build a future where disputes are resolved efficiently and effectively! Explore further with us: https://lnkd.in/exSw_6E3  #TheAlliance #nowinnofee #claimsmanagement #nocost #expertadvice #claimsresolution #professionalresources #constructionindustry #constructionnews #innovation #disputeresolution

Despite best intentions, disputes still emerge on construction projects; it's inevitable!  But filing a marching off to a formal dispute doesn't have to be the first recourse. There are alternative dispute resolution (ADR) paths that can save time and money.   Methods like negotiation, conciliation and project dispute boards aim to resolve issues through facilitated negotiation rather than binding rulings.   The goal? To reach a mutual agreement.   If ADR fails, adjudication provides a binding decision unless overturned by litigation or arbitration. The right approach depends on factors like claim value, contract terms and relationship preservation.  This expertise comes from experiences; Nexus Consult has managed contract and money disputes through ADR, adjudication and litigation and aims to help clients resolve issues efficiently and favourably.    When disputes emerge, contact our team: https://lnkd.in/e9mf8sye      #NexusConsult #ConstructionIndustry #QS #ConstructionLaw 

How can we best resolve construction claims before they escalate into disputes? Doing so is crucial for maintaining project timelines, relationships, and overall project success. Remember, claims are an inherent part of a project, for example, every Change Request is a claim – disputes, on the other hand, can, and should, be avoided. Here are some steps that can be taken to navigate and settle construction claims effectively: 1. Early Identification and Communication: Encourage open communication between project stakeholders to identify potential issues early. Establish a systematic process for reporting and addressing concerns promptly. 2. Documentation and Record-Keeping: Emphasize the importance of thorough documentation. Maintain detailed records of project activities, changes, and communications. This serves as a foundation for analyzing claims and establishing their validity. 3. Expert Analysis: Utilize personnel to objectively assess the impact of events on project cost and schedules. Providing a clear, unbiased analysis of the causes and effects helps all parties understand the basis of a claim. 4. Negotiation and Collaboration: Foster a collaborative environment by facilitating negotiations between parties. Use your construction knowledge to suggest alternative solutions that align with project goals. Emphasize shared objectives and the mutual benefit of an amicable resolution. 5. Dispute Resolution Mechanisms: Should it come to it, encourage the use of alternative dispute resolution mechanisms such as mediation or arbitration. Highlight the potential cost savings and time efficiency compared to traditional litigation. 6. Prevention Strategies: Proactively implement strategies to prevent future claims. Utilize lessons learned from current disputes to refine project management practices, improving overall efficiency and reducing the likelihood of future claims. By following these steps, you can leverage your expertise to settle construction claims before they escalate into disputes, fostering a collaborative project environment and ensuring the successful completion of construction projects. #constructiondisputes #riskmanagement #projectmanagement #disputeavoidance