With experience working on some of the world’s most iconic mega-projects, CCR provides our clients in the commercial and construction fields with Testifying Expert Witnesses, Arbitrators, Mediators and Adjudicators – local knowledge with global expertise … supporting our clients to reach amicable resolutions.
Disputes can arise when parties are unable to find any grounds for compromise in the settlement of any final account. Typically, disputes arise from disagreements over onerous contract terms, unrealistic programme obligations or incomplete design, and when the parties lose sight of the reasonable or common grounds for settlement, the dispute can often become ‘personal’. Where one party believes he’s entitled to more money, the other party pushes back – leaving the only route to settlement being through the application of the contract’s dispute clause.
Through our Dispute Services division, CCR’s experts can provide services to support parties in dispute in three key areas:
• Tribunals and Expert Determination
• Expert Witness
Learn more about our experts and their experience below:
With a core team developed from individuals possessing extensive hands-on construction experience, CCR can provide technical specialists able to provide expert opinion at international arbitration. Drawing on the experience of our practicing expert witnesses, particularly at international arbitration under ICC rules, CCR can provide expert reports, joint reports and testimony at cross examination in connection with:
Through litigation support, CCR can provide technical experts with extensive experience in the construction and dispute fields, to help parties in the preparation of their dispute and with support through on-going litigation processes. In particular, CCR can provide assistance with:
Fact finding and strategy workshops to help a party understand the nature of the dispute and to help develop strategies for the framing of claims. Help to provide impartial guidance on matters, to assist the party in developing realistic objectives on the merits of particular claims.
In addition to the development of claims strategies, assist a party to develop realistic reviews of risk, both in terms of the merits of claims but also the merits of the other
party’s counterclaims. Help a party to identify and determine levels at which to consider settlements.
Provide a technical interface between the party and his legal team. In particular, help a party and the team present their technical arguments in clear and simple terms to court appointed experts at litigation.
Tribunals and Expert Determination
Drawing on the experience of our practicing experts and arbitrators within our team, the Dispute Solutions Team can provide Independent Neutrals to preside with Expert Determination or sit on tribunal panels. With Expert Determination in particular, the Dispute Solutions team can facilitate the parties, allowing them to make representations and document submissions, ultimately on a route to securing a non-binding, cost effective and impartial settlement of their quantum, delay and contract matters.
What our clients say
Cash flow is the life blood of any construction company. CCR understand the need to resolve disputes quickly and inexpensively and regularly assist construction companies with Security of Payment applications in all states of Australia and New Zealand. Our experience in the various forms of the legislation is extensive with claim values ranging from ten thousand to one hundred and fifty million. Since the inception of the company in 2008 we, on average, adjudicate circa $12,000,000 pa and successfully guide our clients to a binding agreement that avoids expensive and time consuming Court proceedings.
Delays in complex construction projects are inevitable. A substantial proportion of CCR’s work entails supporting our clients with the factual matrix to mitigate the risk of delay damages, and at the same time identifying the true cost of a delay event to secure compensation. We implement management processes that allows us to focus on the cost relative to the event and avoid the common assertion of global claims.
CCR has become increasingly involved in the preparation of Professional Indemnity type claims against designers. The design issues are normally driven by poor design consultant performance, stemming from either; (1) designs being provided later than planned; and also (2) provided in a deficient manner whereby they should properly be considered as not fit for purpose. In the current climate, CCR is seeing more of these types of claims being brought to the fore. As a result, we have developed a specific template to effectively deal with them. CCR’s depth of experience and expertise in this field puts us in a strong position to deliver a successful outcome for Professional Indemnity claims of this nature.
Environment & consenting type issues can cause significant delays to a project’s timeline. A situation of this nature was recently encountered in a large civil infrastructure project where the impacts of these issues were not as clear cut as traditional delay & disruption type activities. Not only did CCR discover the contractual hook to provide entitlement for the Contractor, but we also delivered upon simple techniques to enable the parties to visualise the impacts of these upfront client driven issues, paving the way to the commercial success for the Contractor.