It is becoming standard practice in the wind industry and infrastructure projects that plant and construction contracts contain a provision for an alternative dispute resolution. At CARNEADES we know the importance of having a clear process and providing high quality documentation for any form of dispute resolution and we focus especially on supporting the following procedures:
FORENSIC DELAY ANALYSIS
The assessment of the disturbed construction process is the core task for processing of any hindrance case. For this purpose, we employ specialists in Forensic Delay Analysis.
The consideration of claims under the construction process, as repeatedly demanded by BGH high court, can only be obtained by involving this specialist discipline.
With a combination of our expert knowledge of all requirements and vast experience, CARNEADES is able to transform this usually complex and muddled process into an orderly claim-structure. To achieve this result, we use various tools and software applications.
DISPUTE ADJUDICATION PROCEDURES
Today most plant and construction contracts include a provision to establish a Dispute Adjudication Board for dispute settlement. This Board is typically made up of contractually experienced senior-engineers or lawyers.
The Dispute Adjudication Procedures deviate quite considerably from the common legal proceedings. This must be taken into account when preparing the Dispute Adjudication Procedure. Great attention must be paid to the selection and appointment of each board member. Here our large international network of relevant experts is a great advantage. Due to previous participation in a number of international procedures within plant engineering and construction CARNEADES has access to such network.
DAB procedures are often configured more freely by the board to facilitate a swift decision making process. This increases the demand for high quality support during the preparation of the Statement of Claim and the Statement of Defence as well as the further procedure documentation and evidence. While compiling the necessary documentation, which requires a very high degree of specialization to succeed, CARNEADES pays particular attention to strategic negotiation aspects.
Contrary to the DAB procedure, arbitration proceedings aim to achieve a juridical dispute resolution by civil courts. Hereby, in contrast to a decision by a public court, absolute discretion can be ensured for all parties and sensitive material will not be made public.
In cooperation with the client’s legal department, CARNEADES will ensure compliance with standards and processes while preparing the legal and factual assessments as well as assessing the commercial aspects of each claim. Due to the high value claims, CARNEADES will provide a suitable interdisciplinary team that include arbitration specialists and industry experts.
Selected examples of services:
- Dispute Adjudication Procedure
- Board selection
- Documentation evidence collection and drafting
- Negotiation strategy
- Statement of claim
- DAB procedures management