Bruce Shaw continue to provide technical support to distressed projects

                                                                                                                                                                                                                                                                                                                13^th December 2011

As one of Europe’s largest construction consultancy practices, Bruce Shaw continue to provide technical support to distressed projects internationally. We have provided technical support in a number of areas, including - dispute resolution, quantum support, Expert Witness, performance bond recovery, debt restructuring and insolvency. Listed below is a snapshot of some of the projects our specialist team have been working on recently:-

Dispute Resolution& Expert Witness

We have acted as technical expert on a number of legal cases internationally. This included:-

• Representing a Major Developer in the Commercial court and providing and independent estimate of costs for a large, high quality residential development.
• Expert witness on one of the largest and most high profile cases in the commercial courts in Ireland.
• Engaged to provide commercial interpretation of contract conditions on a number of projects internationally.
• Technical advisor on a number of conciliation hearings.

Quantum Support

Our specialist team have extensive claims experience. We have provided quantum support recently on a number of projects including:-

• Claim advice and substantiation for a major contractor in the Middle East. The claim included loss of productivity, price fluctuation, loss of profit and off-site overheads.
• Assessment of contractual claims from Main Contractor and Sub-Contractors on numerous projects internationally working for both Clients and Legal Firms.
• Expert Quantum services for major public clients on roads and civil projects internationally.
• Quantum Expert in relation to major professional indemnity claims.

Contract Conditions / Warranties / Protection to Client

Bruce Shaw (in conjunction with the teams Legal Advisors) provide technical assistance in relation to choice of contract, the conditions of contract, commercial implications of the choices made, the warranty and other protection the Client may require when undertaking a construction contract. We also have in-house specialists who are experts in the Public Forms of Contract and the implications of same.

Distressed Projects

Bruce Shaw has provided technical support on distressed projects on behalf of the Client and the Contractor. It is particularly prevalent in the current climate and we have undertaken this service on a number of projects including:-

• Negotiation of final settlement for a contractor in administration for a project in the UK.
• Evaluation of termination options on numerous projects.
• Valuation of construction works completed or remaining to be completed – Bruce Shaw have provided this service on a number of distressed projects. This service extended to the evaluation of contract completion and termination options, re-negotiation of contracts, replacement of Main Contractors and Sub-Contractors. We have managed the procurement strategy to completion on a number of developments in the shortest timeframe for the most economical cost.
• Payment recommendations – Bruce Shaw have provided advice in relation to payments to Main Contractors and Sub-Contractors working on projects that have become distressed.
• Assessment of unresolved contract claims and determinations.
• Warranties – Bruce Shaw have offered advice in relation to latent defects, insurances, warranties, guarantees and other undertakings.

Performance Bond

Bruce Shaw have acted on a number of projects were the performance bond has been called in. This included:-

• Acting on behalf of the bond provider to determine a fair and reasonable settlement of the performance bond.
• Acting on behalf of the developer on a number of projects to determine the performance bond settlement.
• Offering advice in relation to the performance bond wording and provisions.

The above is just a snap shot of what Bruce Shaw’s specialist team provide in relation to distressed projects. Our experience spans almost four decades and includes working on projects in almost all sectors.

For further information or assistance contact your local Bruce Shaw Office.