Calibrate prepared submissions and supporting evidence in support of delay, disruption and variation claims with a successful outcome in adjudication.
ENGAGEMENT
Calibrate was engaged by a specialist services subcontractor performing services relocation works for the main contractor on a significant road upgrade project. The task was to review claims arising from major delays and disruptions.
Calibrate reviewed the existing claims and revised and refined them for dispute resolution purposes. We undertook detailed analyses of direct costs, disruption costs and prolongation costs arising from major change events and latent conditions. This process identified strengths and weaknesses in the subcontractor’s claims, which allowed the claims to be re-positioned and increase the prospects of success.
During this process, Calibrate identified a key special provision within the subcontract that provides a unique route for entitlement to both delay and disruption cost claims. This provision was used to reframe the subcontractor’s entitlement to these claims and became the central argument relied on.
Following a deterioration in the dispute resolution process, Calibrate prepared detailed submissions and supporting evidence for the claims as part of an Adjudication Application. This included working closely with the subcontractor’s project team and its external legal advisor.
OUTCOME
The claims prepared by Calibrate and submitted to Adjudication were determined at over 90% of their claimed value. In particular, all delay and disruption claims were determined in the subcontractor’s favour.
