CIArB - Chartered Institute of Arbitrators
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Case Studies


Curtain walling

Office Building

European Headquarters in Surrey – Specialist Curtain Walling and Cladding

Role - Provide a claim for an Extension of Time to the Main Contractor.

Result – 26 weeks awarded and LAD’s ordered to be repaid.

Representing the specialist subcontractor commissioned to establish their contractual entitlement and pursue their claims to an amicable settlement. This entailed a detailed forensic delay analysis and providing claims for Arbitration for the subcontractor’s entitlement to relief of LAD’s and recovery of additional costs of delay and disruption.


LUL Underground System London

LUL - London

LUL Underground System London - Track Renewals

Role - Managed all commercial, contractual and claim issues.

Result – All Contractor claims were successfully resolved.

KCSL was appointed by the track maintenance operator as part of the PPP contract to establish and clarify contractual entitlements on the five LUL lines. This entailed reviewing and rebutting where appropriate the contractor’s claims and working with the legal team to present to the end user all claims for disruption due to a range of entitlements including reduced access during the ‘engineering hours’ and the removal of harmful materials.


car plant

Car Plant – Building

New Car Plant VW Barcelona - New construction

Role - Managed all commercial, contractual and claim issues.

Result – All Contractor claims were successfully resolved.

KCSL was commission by VW to provide all commercial, contractual and claim management services, this entailed managing all the named specialist contractor’s accounts to an amicable conclusion. There were over 500 contractors involved in the construction of the new car plant.


Virgin Pendolino Train

Rail

Pendolino Train - Alstom

Role - To provide a claim for an Extension of Time and additional costs.

Result – The claim was amicably settled directly with the client.

KCSL was appointed by the Contractor responsible for providing the computer system for the control for the sensitive operation of the tilting train mechanisms. KCSL was required to establish the contractual obligations and entitlements in respect of the data provided and the design changes derived from the end users requirements.


Joinery - Dubai

Fit-out Works

Burj Khalifa Dubai – Fit-out Works

Role - Provide a claim for an Extension of Time and additional costs.

Result – The claim was amicably settled directly with the Main Contractor.

KCSL was appointed to establish and resolve the contractual entitlement and release of the Main Contractor levied LADs. The specialist subcontractor was providing the dry lining partitions and high quality joinery works to the apartment floors. Delay was incurred due to a number of delay events ranging change of the partitioning supplier to damage caused by leaks from the installed M&E installation. This entailed conducting a CPM forensic delay analysis and float mapping exercise to support the claims for Arbitration.


Sewage Treatment plant

Infrastructure

Infrastructure Doha - New Sewage Treatment Plant

Role - Provide a claim for an Extension of Time and additional costs.

Result – The claim was amicably settled directly with the client.

KCSL was appointed to establish the contractor’s entitlement and secure release of the damages levied. The contract was a multi-million dollar scheme with over 36km of large diameter sewage pipe installation. The works had been subjected to delay due to a number of varied delay events. KCSL identified the critical path and by conducting a forensic delay analysis to demonstrate the Cause and Effect flowing from the identified delay events to substantiate the claims for the DAB committee. The claim was presented to the client via an animated video detailing the events.


Refurbished period properties - London

Refurbishment of Period Property

Complete Refurbishment of a Period Property

Role - Provide commercial, contractual and project management.

Result – The project was successfully completed and handed over on time and to budget.

The four-storey building was stripped back to the shell before a total refurbished was executed including extended the basement forming a lower basement and an additional fifth floor complete with elevator, refurbishment was in strict compliance with the conservation board and English heritage. The new works included all security; mechanical electrical and air-conditioning works including replacement of all plaster works joinery and finishes.


Rail

Network Rail Refurbish Engineering Workshops

Role - Provide a claim for an Extension of Time and additional costs.

Result – The claim was amicably settled directly with the Main Contractor.

KCSL was appointed to establish the contractor’s entitlement in respect of the overwhelming disruption to the works. The contract was for Network Rail and entailed the total refurbishment of all the engineering workshops across the south of England. The forensic analysis warranted a detailed account of each and every disruptive event to demonstrate the link between the cause and the consequential disruption.


Signalling works

Signalling Works – CTRL

Channel Rail Link

Role - Appointed expert on the matter of scope creep.

Result – The specialist subcontractor was successful in the action.

KCSL was commissioned to provide an expert opinion on the matter of scope creep. The specialist subcontractor had provided the dedicated signalling works for the new Channel tunnel Rail link. The subcontractor was successful in its action and was awarded the additional costs pursued in respect of the additional works executed.