ClaimS Prevention anD reSolution

EXPERTCOMMITTEDRELIABLEPROACTIVEHANDS-ONPROVENLOCAL

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FOREwORD

Rider Levett Bucknall is an award winning independent practice maintaining over 100 offices worldwide servicing our clients throughout the property, construction and facilities industry. Our teams of experts across the globe bring passion and innovation to the benefit of our projects. we are dedicated to providing services aimed at supporting our clients in every way we can to enhance their business.

Rider Levett Bucknall firmly believes,

and has effectively demonstrated, that

comprehensive and proactive management

of a project can defuse the vast majority

of potential problem areas and prevent

them from becoming disputes. Rider Levett

Bucknall employs a number of claims

prevention techniques to that end, including:

• Planning & Scheduling Services

• Contract & Procurement Services

• Risk Mitigation Services

• Due Diligence

For those disputes that do arise, Rider

Levett Bucknall has the requisite experience

to fully analyse the issues in terms of both

entitlement and quantum, thus allowing for

quick resolution. Our techniques and skills

include:

• Real Time Dispute Resolution

• Forensic Planning

• Contracts Analysis

• Quantum Analysis

• Litigation and ADR Support

We bring with us professional objectivity and

practicality to any assignment, thus avoiding

personal biases which inevitably develop

with project personnel and which can impair

the ability to appropriately analyse issues

from different perspectives. Objectivity is an

extremely important reason for enlisting the

services of Rider Levett Bucknall.

We have an excellent track record

representing Owners, Developers,

Contractors and Legal Firms on a wide

range of construction projects. By involving

us at the earliest opportunity we can help

avoid such situations and provide solutions

that significantly reduce project risks and

help deliver a successful project through

the implementation of time management,

commercial and contractual expertise.

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GULF OF ADEN

RED SEA

GULF OF OMAN

PERSIANGULF

ARABIAN SEA

ABU DHABI

DOHADUBAI

RIYADH

OMAN

YEMEN

SAUDI ARABIA

KUWAIT

IRAQ

IRAN

abu Dhabi

Phone: +971 50 292 5723

Email: tony.bratt@ae.rlb.com

Dubai

Phone: +971 56 603 4759

Email: rob.edgecombe@ae.rlb.com

Doha

Phone: +974 3361 4958

Email: sam.graham@ae.rlb.com

oman

Phone: +968 2449 9676

Email: rocky.chan@om.rlb.com

riyaDh

Phone: +966 506 633 288

Email: andy.isherwood@sa.rlb.com

LOCATIONS IN THE MIDDLE EAST

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Rider Levett Bucknall can trace its roots back to the 18th century and in 2010 we celebrated 225 years in operation. Reflecting on our history and past success is important but we also look to the future as we deepen our offerings in cost consultancy, project management, advisory and claims and dispute resolution services, take leadership in environmental sustainability and share our expertise across the world.

hiStory

In 2010 we recognised our rich and

remarkable 225-year history. Rider Levett

Bucknall’s long history can be traced

back to 1785 when Henry Cooper & Sons

commenced practice as a small firm of

quantity surveyors.

toDay

Rider Levett Bucknall is today one of

the world’s foremost global consultancy

practices, which specialises in the property,

construction and facilities industry. Our

journey has seen us expand into regional

markets around the world through the

creation of local offices and alliances. We

have accumulated a strong capability in

the fields of cost consultancy, project

management, claims and dispute resolution

and advisory services.

Global reaCh

As an award-winning international practice,

we provide our clients with property,

construction and facilities consultancy

services at all stages of the property cycle

throughout the Americas, Asia, Europe,

Middle East and Africa and Oceania with

more than 2,800 staff in over 100 offices.

This enables us to combine the strengths of

local knowledge and expertise with access

to a global network.

loCal PreSenCe

Rider Levett Bucknall has had a local

presence in the Middle East for over 30

years. Commencing practice in Saudi Arabia

in 1982 and expanding in early 2007 with

the establishment of the business in the UAE

and formation of the Dubai branch. Since

2007, we have grown rapidly and now have

five offices throughout the MENA Region,

located in Abu Dhabi, Dubai, Doha, Muscat

and Riyadh.

ABOUT US

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ClaimS Prevention & reSolution

Throughout our long history, Rider Levett

Bucknall has been acquiring specialist

knowledge in the management and delivery

of large and complex construction projects.

Our team has a global understanding

of the construction industry: from bid/

proposal preparation to project planning

and scheduling; from systems management

and project support to claims analysis;

from claims prevention management

and administrative practices to dispute

resolution; and, when necessary, litigation

support.

This experience has lead to the formation of

our specialist claims and dispute resolution

division, which enables us to utilise our

knowledge to the advantage of our clients.

a WinninG team

Rider Levett Bucknall’s philosophy is to hire

the best people in our field, then reward

them with challenging opportunities that are

professionally satisfying.

As a result, we believe our people are the

most enthusiastic, professionally prepared

team in our field. We also believe our

people can be one of your most valuable

assets. All have extensive experience in the

construction industry.

Our team includes individuals from a range

of backgrounds from cost management and

quantity surveying, to law and planning. All

of whom have unique talents in construction,

claims, and litigation. We combine our

strengths to assemble the best team

appropriate for your project or claim.

RLB provides the experts to develop and

identify a tailored approach for all types of

claims including:

• Scope Changes

• Delay & Disruption claims

• Payment Claims

• Termination Claims

• Cost of Corrective Work

• Negligence Claims

• Construction Productivity Loss

• Construction Means and Methods

• Unforeseen and Differing Site Conditions

• Management Issues

• Force Majeure Events

• Defective and Deficient Contract

Documents

• Constructive and Directed Change

• Construction Acceleration

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Our proactive approach to projects goes a long way toward avoiding the delays and costs associated with disputes and claims. Rider Levett Bucknall’s combination of experience, technical competence and a willingness to fully engage with our projects is a major factor in ensuring that ‘our’ projects are successfully completed on time and within budget.

We work with private and public sector

built asset owners, lawyers and their clients,

property developers and contractors

providing solutions to prevent the adverse

effects of project risks.

Rider Levett Bucknall’s extensive experience

affords us unique insight to fully recognise

issues that require particular attention but

are not readily obvious to the untrained

eye. Our experience in this regard has

proven invaluable to facilitate the successful

completion of projects.

ContraCt & ProCurement ServiCeS

Selecting the appropriate procurement

strategy and contract to suit the attributes

and risk profile of projects has an

immeasurable impact on the successful

delivery and avoidance of disputes.

Our experts treat each project individually

and are experienced in identifying the

correct procurement strategy for clients that

will maximise the contributions of the project

team, contractors, supply chain members

and stakeholders. It is our philosophy to

establish clear roles and responsibilities to

suit the selected strategy.

Our skilled and legally qualified practitioners

carefully select the most appropriate

form of contract to suit both the project

and the client. We can diligently make

amendments to the standard conditions to

ensure a perfect fit with the risk profile and

contractual requirements of our clients.

PlanninG & SCheDulinG

The success of a project begins with well

thought out planning, followed by realistic

scheduling. In addition to developing logical

building sequences of a project our planning

and scheduling experts consider and

incorporate project specific issues such as

access limitations, procurement, lead times

and resource constraints.

Proper planning should identify key factors

that have the potential for disrupting

performance on a project. The manner

in which potential disruption points are

integrated into a schedule is critical in

order to provide early and clear warning of

problems.

CLAIMS PREVENTION

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riSk mitiGation

Rider Levett Bucknall understands that

clients and stakeholders are increasingly

requiring more detailed information to

ensure a level of confidence is achieved and

maintained in terms of enhancing value and

mitigating risks.

Rider Levett Bucknall can provide advisory

services targeted specifically at risk

mitigation and therefore claim prevention.

These include:

• Reviewing the scope of required work

• Identification of project risks

• Prioritisation of key issues

• Risk analysis; and

• Risk management action plans customised

to suit.

Due DiliGenCe

Rider Levett Bucknall extend their property

knowledge to review the majority of risks

associated with property including Technical

Due Diligence (for Owners, Vendors,

Purchasers and Tenants).

Due Diligence should be a systematic and

structured process with defined objectives.

Commonly it requires the application of a

wide range of specialist skills within imposed

budget and time constraints. In many cases

this will require the engagement of specialist

consultants. Due Diligence, in the broadest

sense, should be seen as a vital part of an

organisation’s ongoing process of Risk

Management.

ProjeCt evaluation

Project Evaluation is a critical area to

understand project outcomes and learn the

lessons which can be applied in the future.

It goes beyond mainly quantitative outputs

to explore qualitative outcomes and broader

impacts or outcomes. Project Evaluation

commonly explores overall impacts, good

practice for wider dissemination and aspects

that need to be improved. Importantly, it

highlights successes and helps make the

case for further or continued funding.

In order to assess the successful outcome

of projects and understand all of the

lessons learned across all parts of the

project implementation, Rider Levett

Bucknall regularly undertakes Post Project

Evaluations as one of the core services in its

Project Management role.

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ProjeCt monitorinG

In order to ensure that high-quality projects

are delivered on schedule and within budget,

it is essential that a Project Monitoring

programme is in place. This will entail

keeping a careful check of project activities

over a period of time.

Having established clear proposals and

objectives at the outset of the project, a

monitoring system is worked out to keep a

check on all the various activities, including

finances. This will help project staff to know

how things are going, as well as giving early

warning of possible problems and difficulties.

Rider Levett Bucknall works with a large

number of clients to ensure that their

key projects are delivered on time and

budget. Where there are concerns, we

make recommendations to correct any

shortcomings and then monitor their

implementation.

This entails a number of key tasks:

• Track and review actual project

accomplishments and results to project

plans

• Revise the project plan to reflect

accomplishments thus far, and to revise

the plan for remaining work, if needed

• Provide visibility into progress as the

project proceeds, so that the team and

management can take corrective action

early when project performance varies

significantly from original plans

This role can be undertaken for a variety of

clients, who may include other parties such

as PFI consortia. All data captured can be

tailored to the nature of the project and

specific needs of the client to assist them in

improving their project delivery processes

and giving them robust, independent

feedback on key elements of their projects.

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It’s not a perfect world. Construction claims cannot always be avoided. while Rider Levett Bucknall seeks to prevent construction claims, we are experienced in helping clients mitigate exposure to damages when they do occur.

Our breadth of experience affords us the ability to prepare comprehensive construction claims, counter claims, and/or formulate claim defences of the highest professional and technical quality.

Rider Levett Bucknall has the full capabilities

to prepare and analyse claims on virtually

any type of construction project. We

develop a strong case, based on our fact

finding, to minimise your financial exposure

and/or to maximise your potential for

justifiable awards.

Rider Levett Bucknall understands your

need for immediate mobilisation when you

are in a claim situation. You can expect that

a full range of professional resources will

be available to help guide you through the

claims process.

Because claims involve a multitude of

interrelated issues, the importance of being

able to discern the relevancy of events and

to organise them into an understandable

fashion cannot be understated. Rider Levett

Bucknall possesses the experience and skills

necessary to analyse complex cases cost

effectively.

Whether in the preparation of a claim or in

a claim defence, the client’s position must

be substantiated through an analysis that

is supported by job-site documentation. A

claim or claim defence must be developed

that exposes the weaknesses of the

opposition, while representing the strengths

of the client’s position. This is why we

believe in preventative planning backed by

proper documentation.

Sometimes however, records have not been

well maintained, providing a challenging task

to reconstruct the facts and relationship.

When this is the case Rider Levett Bucknall

is highly proficient at utilising available data

to identify, reconstruct and present the

facts.

CLAIMS RESOLUTION

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real-time DiSPute reSolution

Rider Levett Bucknall are practitioners of

real-time, on-site dispute management which

provides a forum and process to resolve

issues that the parties could otherwise not

settle by themselves. Real-time, on-site

dispute resolution:

• Benefits the project in terms of claim

avoidance and resolution.

• Promotes agreement on problems that

would otherwise be referred to arbitration

or litigation.

• Encourages parties to focus on early

identification and resolution of problems

and settle claims and disputes in a

prompt, businesslike manner.

• Encourages on-going dispute resolution

and minimises end-of-the-contract claims.

• Greatly reduces legal and consultant fees,

as well as reducing the non productive

project time for clients and contractors.

• Permits the parties to more closely control

the budget and the unpredictability of

post project-litigation.

• Provides a better-informed dispute

analysis because individuals with first-

hand knowledge of the facts are readily

available.

The use of Dispute Review Boards, Initial

Decision Makers, Project Neutrals and both

onsite and binding mediation is spreading

on construction projects, regardless of the

delivery method. When embedded as part

of the project they generate trusted neutral

advice to minimise issues that may become

formal disputes.

ContraCtS analySiS

Contract is the law of the parties. It

memorialises the intent of the parties with

regard to their entitlements, obligations, and

allocation of the risks.

In a dispute, the interpretation of the terms

and conditions of the contract varies. Since

a construction contract is the amalgamation

of several documents, the interpretation of

the intent of the parties in relation to the

disputed issues becomes a difficult task.

RLB has a wealth of experience in studying

the documents of the contract to identity

strengths and weaknesses, and provide an

interpretation of the terms and conditions

which aligns themselves with the applicable

jurisdiction and custom.

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ForenSiC PlanninG

When a claim or dispute arises it is critical

to the resolution process that we accurately

establish the cause and effect of the

delay, disruption or prolongation claim.

Our team of independent experts utilise

Forensic Planning techniques to make such

assessments.

We examine and analyse numerous

project documents including contracts,

correspondence, programmes and reports to

establish the facts of each individual dispute.

By using the latest techniques and software

we are able to produce a thorough and

robust analysis of:

• planned against actual progress

• critical against not critical delay

• resources (labour, plant and materials)

Quantum analySiS

Our Quantum Analysts are responsible

for undertaking the financial evaluation of

a claim; by using their multi disciplinary

experience, objectivity and meticulous

analysis of the facts they are able to get to

the route of the problem and identify the

true cost liabilities.

RLB’s proven long history in the construction

industry provides a diverse experience

which not only allows a quick identification

of the issues but also provides an accurate

estimate of the quantum involved.

This holistic analysis approach incorporating

Real-Time Dispute Resolution, Forensic

Planning, Quantum Analysis and Contracts

Analysis we are able to return an accurate

assessment of the liability, the time and the

cost that can be used in both amicable and

legal dispute resolution.

litiGation & aDr SuPPort

When an amicable agreement fails and a

dispute is referred to litigation or other

Alternative Dispute Resolution (ADR) forum

it is our objective to build the strongest case

possible and seek resolution without lengthy

and costly proceedings.

Rider Levett Bucknall’s understanding of the

ADR and litigation processes enables us to

provide an expert level of support.

We assist legal counsel with document

analysis and organisation, damage analysis,

schedule analysis, preparation of expert

opinion reports, review of opposing

expert opinion reports, and expert witness

testimony.

We also assist counsel with depositions,

helping identify strengths and weaknesses

of the opposition’s case to facilitate the

necessary level of inquiry.

We produce graphics for display in court or

at arbitration, making the case for damages

and settlement position. Appropriate,

well-developed graphics are tremendously

effective in clearly conveying a client’s

position and can enable a layperson to

sufficiently understand complex issues.

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