DISPUTE STRATEGY CASE STUDY

Our client, Farrans Construction, had recently entered a programme of complex multi million pound engineering contracts under an NEC3 Framework Agreement and the employer interpreted contracts to suit their own commercial interests with no regard for CPUK client’s rights or obligations. Many of the contracts contained a high degree of ambiguities, exposing the client to additional and unquantifiable risks.

Yosof analysed the Client’s issues pertaining to commercial positioning and change management and discussed and advised upon these aspects from a high-level, strategic point of view, as well as from a practical operational standpoint.

In the process, he identified that the Employer had a pattern of misinterpretation of several key contract terms, as well as a clear misunderstanding of the Risk Profile of the projects. Yosof then advised the commercial staff on actual contract entitlement for change events. As it turned out, he identified additional sums due by the Employer under the contract.

CPUK believes in empowering all stakeholders, and also their Clients staff, who were equipped with:

  • a much deeper understanding of how the NEC3 change process was intended to operate, which gave them the confidence to pursue entitlements on behalf of the company.
  • a better understanding of how the NEC3 contract worked and what they should look out for in terms of risk and opportunity, both pre- and post-contract award.

Download the detailed case study here.

DISPUTE STRATEGY CLIENT TESTIMONIAL

“We employed Yosof to review our forms of contract and offer advice on the resolution of several contractual issues. Yosof was extremely thorough in his work and provided some very useful analysis and recommendations of the various issues.”

Sean Bradley, Commercial Director, Farrans Construction

DISPUTE PREVENTION CASE STUDY

The client, Monocouche Emirates LLC is a UK Specialist Contractor operating in Abu Dhabi, and they asked CPUK to identify risks and to assist in interpreting bespoke contracts for a project they were bidding on. The multi-million pound project they were dealing with involved a very tight timeline and there were strict quality constraints. The Client contacted CPUK as he felt that his company lacked the necessary contract knowledge and negotiation skills to protect his interests sufficiently.

DISPUTE PREVENTION CLIENT TESTIMONIAL

“I would recommend Yosof in his capacity of commercial director, he has a quick understanding of business and his adaptable and flexible approach, proved essential for our specific requirement…he would “move mountains” to help….very trustworthy and sincere…a pleasure to work with. Very Professional…”

Jonathan Cooke, Managing Director, Monocouche Render LLC

PROJECT MANAGEMENT CASE STUDY

Our client, Raith Developments, a UK based Private Developer, was in the process of developing their largest project to date. This project required significant investment in road infrastructure in order to open up the construction site, which would involve permits, agreements and financial investment.

CPUK has more than 24 years of practical expertise in the civil engineering & construction industry and this gave the client the confidence we could deliver on their specific needs.

CPUK’s experience had a huge part to play in the fact that the project was delivered 4 weeks ahead of schedule and below budget, with no supply chain disputes along the way.

Download the detailed case study here.

PROJECT MANAGEMENT CLIENT TESTIMONIAL

“Using CPUK’s expertise in civil engineering project & commercial management has provided us with a new dimension to our project management planning capabilities, saving us considerable time and money. Their depth of practical experience and no nonsense systematic approach makes my job so much easier. I would recommend them to anybody serious about saving money in their groundworks budgets.”

 Gordon Powell, Managing Director, Raith Developments

QUANTITY SURVEYING CASE STUDY

CPUK were initially approached by the opposite party in a dispute. The party knew the Client, a UK Specialist Main Contractor, and felt that they needed our help to handle their precarious situation.

Our Client, first believed that they had a £400,000 hole in their balance sheet, which was due to aged debts and retentions. On completion of the audit, we established that the sums due were actually in the region of £1.2million in aged uncollected debts and retentions.

By applying our knowledge of contracts and the Construction Legislation, we manage to recover virtually all of the money owed to our client.

Download the detailed case study here.

QUANTITY SURVEYING CLIENT TESTIMONIAL

“Having worked with Yosof on multiple cases it became apparent that we had weaknesses in our terms and conditions, and especially our processes and procedures. Yosof has worked with us to improve these processes. His philosophy is very much that dispute prevention is preferable to dispute resolution.”

Managing Director, Specialist Subcontractor

PROJECTS IN DISTRESS CASE STUDY

Our Client, a UK Main Contractor, was stuck between a rock and a hard place. On one hand they had a very demanding employer who refused to accept numerous high value changes, and on the other hand, they had a major consultant who refused to carry out work unless they paid six figures for various changes.

With operational issues on 20 complex engineering projects worth many millions of pounds, our client had been struggling to control the change management issues with the various parties from the outset.

Despite significant resistance, CPUK organised a meeting to build rapport with both the Client and the Consultant – (Many parties view us as claims consultants, when in fact we take pride in recovering relationships, wherever possible.)

CPUK created a rigid timetable for progress. We carried out a detailed review of all of the contracts and communications between the parties. We created a visual representation of the contract risks and opportunities.

With an effective scope developed, CPUK were able to devise a clear strategy for moving forward. Our client now had control of the situation, with a robust and contractually competent understanding of all their projects.

Download the detailed case study here.

PROJECTS IN DISTRESS CLIENT TESTIMONIAL

“Barhale engaged the services of CPUK and Yosof in particular to assist in the management of a particularly difficult account with complex contractual issues between the Client and a principle sub contractor / consultant. His expert knowledge and depth of experience of the NEC3 forms of contract proved to be of invaluable help as we rapidly turned a high risk situation with a major consultant and challenging client, into a significant commercial opportunity. We found CPUK and Yosof easy to do business with, presenting factual information on time, effectively and advising on contractual discussion at all levels. Working with CPUK and Yosof has added an additional value to our commercial team in Scotland and provided a vital boost when it was needed within the business.

Pete Marchant, Regional Manager, Barhale plc

DISPUTE RESOLUTION CASE STUDY

Our client, a UK Specialist Main Contractor, had been through a number of Adjudications relating to various multi-million pound complex engineering projects throughout the UK. The situation needed to be turned around in order for the business to survive. At this point, the Client’s relationship with the Employer was in jeopardy, which could affect the short term profitability of their regional business. They needed to break this negative cycle and get their business back on track and into profit.

We realised that boundaries needed to be put into place, and we developed a clear strategy to ensure that all staff members were aware of every aspect of the scope. By understanding what was included or excluded from the scope, they were better able to charge appropriately where needed. As a result, we created an opportunity for change control of approximately £3million.

CPUK further identified an additional £1.3million in sales through contract entitlement. By following Yosof’s advice and as a result prevented over £1.5million in losses through poor supply chain management, project management failures and general issues caused as a result of the breakdown of relationships on the project.

CPUK established a position of power from which the operational and commercial staff, many of whom were relatively inexperienced at using NEC3, could push back. Much of this was achieved by CPUK effectively using negotiation against a very demanding and awkward client, with whom there had already been a number of adjudications.

Download the detailed case study here.

DISPUTE RESOLUTION CLIENT TESTIMONIAL

“CPUK was recommended as a company that could assist us in determining the extent of our claim and perhaps help negotiate an agreed settlement. Yosof Ewing assisted by quantifying our claim and, in fact, due to his in-depth knowledge, he identified significant other legitimate sums that we had not claimed. He then acted as an independent negotiator between the two parties, in an effort to try and seek a resolution and avoid legal action. I would recommend the use of CPUK to any firm who feels that they have a justifiable claim, but wish to avoid the time and expense of having to pursue their client via the courts, not to mention losing a client. ”

Project Manager, UK Main Contractor.

Download more Testimonials here or read more about our MD Yosof’s career here.

You can also view our online E Brochure by clicking here.

Whatever problem you have, we can help.

Get In Touch Today

Social Sharing..
Facebooktwittergoogle_plusredditpinterestlinkedinmail

It looks like you are using Internet Explorer in Compatibility View
This site will display better in your browser if you turn Compatibility View off

To learn how to turn Compatibility View off/on click here
OR
Continue anyway

Translate »