Through our methodical approach to understanding disputed issues, we simplify matters into easily understood facts and analysis.
With disputes often subject to large amounts of information and competing analyses, our concise and direct approach brings refreshing simplicity to complex problems.
Calibrate personnel regularly act as expert witnesses in legal proceedings, providing independent and impartial evidence in the fields of delay, disruption, cost, quantum and construction methodology.
Our expert evidence is utilised during negotiation and mediation proceedings, and in adversarial processes including adjudication, expert determination, arbitration and court proceedings.
Through our detailed forensic analysis, we compile clear and concise expert reports that utilise a variety of graphics and summaries to ensure the evidence is easily understood by decision makers.
There is always good commercial sense in exploring options for resolving disputes amicably and avoiding formal legal proceedings. Our clients look to us for firm, objective advice in negotiation and mediation processes to make the best decisions.
Our primary objective is to ensure our clients receive the best possible commercial outcome, taking into account the risks and costs involved in the dispute.
Our services during these processes include:
- advice on proposed structure and approach to settlements, including commercial structures for continuing projects;
- preparation of independent reviews of claims and issues;
- preparation of internal and external position papers, graphics and other summary materials to assist with discussions;
- attendance at settlement discussions; and
- commercial advice on the settlement agreement.
There is always a fundamental reason for a particular claims matter to fall into dispute. Once it is uncovered, an effective solution can be formalised and pursued for resolution.
We provide a fresh perspective on issues and inform our clients on effective settlement strategies.
To assist our clients in resolving disputes, we:
- establish commercial drivers and constraints;
- explore opportunities for dispute avoidance;
- development of commercial overviews and technical analysis memorandums, exploring the current commercial position of projects and disputed claims;
- development of negotiation strategies; and
- advice on available dispute resolution procedures.
We have a strong track record of achieving successful outcomes in adjudication for our clients. We provide end to end management of the process and the following capability:
- development of adjudication plans, including establishing a clear scope of issues and evidence, a detailed review of risks and opportunities, preparation of timelines and liaising with legal advisors and independent subject matter experts;
- preparation of payment claims and schedules; and
- preparation of the adjudication applications and responses.
With our background in technical analysis, we are called upon to:
- assist legal teams with the preparation and review of evidence;
- peer review subject matter reports;
- assist with identifying and collating relevant evidence;
- prepare commercial overviews of disputed issues and outcome scenarios; and
- prepare internal briefing materials.
Calibrate is regularly engaged by repeat clients to provide solutions to complex and challenging problems. We are trusted to provide direct and pragmatic advice. We have worked closely with our clients and their legal advisors on hundreds of matters. These case studies are just a few examples of our team’s skills and expertise across a broad range of industry sectors and project sizes.
