Understanding what the problem is:
At 3D Risk Ltd, we have found that it is normally the
understanding of a problem that causes disputes rather than the cause &
effect itself in so much that the problem is unclear and not truly
understood by the client.
If a problem is not understood then it is unlikely that
the client will understand the full implications of the problem and more
often than not, it is unlikely that the client will accept liability for
a problem that he does not truly understand.
However, once the cause and effect
is
understood, it is more likely that a negotiated settlement of liability
and cost can be reached amicably, without the need for adjudication,
arbitration or other costly and more hostile process.
It is therefore essential that the problem is explained
in such a manner as to leave the client in no doubt as to what the
problem is, the cause of that problem and ultimately what effect that
problem has had on the works.
Explaining the problem:
Over the past 20 years, we have developed innovative
methods to assist the client in understanding a problem, making it clear
what the problem is, the cause, effect and ultimately the liability of
that problem.
It uses a system that
we have developed and refer to as 3D Risk Management and
was originally developed by our associates to assist contractors in
controlling and / or reducing the risk taken on throughout the various
stages of a contract. It uses 3D modelling, combined with the
experience and presentational skills of our associates, and links the
programmes with the cost plan and ultimately the resources (both planned
and actual) and cash flow.
Apart from
enabling us to clarify problems with the client, we are able to:
-
Interpret Contract Drawings
(to assist in visualizing the contract & assist the contractor in
understanding what is required.)
-
Check the Buildability of a Contract
(Highlight & realize interference problems at an early
stage.)
-
Check Programme Viability & Proposed Methods of
Construction
-
Analyse the Contract
(for Value Engineering purposes & assist in problem solving)
-
Demonstrate Cause & Effect
(of changes made to a contract)
If all else fails:
If & when all reasonable dialogue is exhausted and a
negotiated settlement cannot be reached amicably, without the need for
adjudication or arbitration then we can:
-
Provide a service as an honest broker and introduce the
parties to alternative dispute resolution.
-
Provide immediate advice when ambushed by a supplier
who has instigated adjudication.
-
Serve notice
and pursue outstanding money by adjudication.
-
Provide the
service of an expert witness for liability and quantum when in
arbitration.
-
Introduce
arbitrators, lawyers and mediators who will provide a cost effective.
If you find
these services of interest on past or present contracts then please do
not hesitate to contact us through one of the methods detailed on the 'Contact
Us' area of this web-site. |