Mixed-Use Project in Auckland, NZ

Calibrate was heavily involved in the development of the project commercial and dispute resolution strategy for a distressed project in Auckland, New Zealand.

ENGAGEMENT

Calibrate reviewed previous EOT claims and undertook a thorough re-evaluation of those claims, capturing significant lost time.

Calibrate then managed the preparation of variation, EOT, delay damages and disruption claims on the project over the course of the next 12 months. Calibrate also developed a strategy to deal with instructions, variations and design changes and assisted the project team to prepare notices and other contractual correspondence.

Calibrate worked extensively with the client’s project team, other consultants, the in-house legal team, external legal teams and counsel.

Calibrate regularly advised the client’s board and senior management teams on the project status, strategic matters and the progress of claims and dispute resolution actions.

OUTCOME

The claims management process eventually proceeded to dispute resolution, where Calibrate and the legal team prepared two adjudication claims. The claims made in the dispute resolution process were largely successful. As the issues in dispute crystallised, Calibrate attended a mediation conference with the client’s representatives, and was part of the team that negotiated the settlement of the remainder of the disputes on terms favourable to our client.

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