Expert Witness, Claims and Delay Analysis

Construction Planning and Claims/Disputes

For any unforeseen events that may occur during your project Profile can provide expert support to all stages of any construction related claims or dispute by applying our technical construction planning and programming knowledge. We can also provide independent expert reporting for contractual and legal disputes.

In construction today, with the ever increasing high pressures to deliver a project on time and within budget, it is not unusual for a project to run into difficulties due to unforeseen circumstances, additional requirements or delays. Despite any contractor/subcontractors best endeavours to mitigate such delays, if not resolved will inevitably develop into a dispute between the parties involved in the contract.

We understand that these scenarios can be both stressful and time consuming, especially on a live project. That is where Profile can facilitate our expertise and utilise the importance of planning and programmes to clearly define and assert your dispute or claim.

Services We Offer

Profile’s primary approach is to prevent any differences from crystallising into a dispute between parties and to resist the imposition of LADs, many of which may be fairly quickly resolved by means of simple programme analysis clearly demonstrating entitlement or quantum analysis showing resulting costs.

These documents would be used as a basis for claims or negotiations with the other party. If such an initial approach is unsuccessful, Profile can provide advice, based on their experience with similar scenarios and can continue to provide more detailed analysis, documentation, and expert witness services to the level required, whether mediation, adjudication, arbitration, or at the worst, court proceedings.

Construction Claims

During the life cycle of your construction project Profile can assist in utilising the importance of planning and programmes, regularly updating the programme with current information to account for any unforeseen changes or delays in advance and therefore allowance for mitigation/resolve can be made. However failing this Profile can help to revolve your matter quickly and avoid a dispute by offering:

Extension of Time Programmes (EOT)
Delay Impact and Forensic Analysis
As Built vs As Planned including Forecasted Completion
Mitigation/Acceleration Programmes
Inputting of Change Orders, Variations and Instructions
NEC: Clause 31 & 32 Programmes
Claim Defence Document/Report Preparation

Dispute Resolution (Step 1) – Negotiations or Mediation

Profile can support with the first part of any Dispute Resolution allowing for a quick resolve and maintaining a good working relationship between parties.

Assist with Planning and Programming Expertise to Support your Position
Compile Clear and Concise Programmes for your Exact Requirements/Argument
Report Writing/Programme Narratives to Support Programmes Issued
Client Representation
Risk and Contractual Advice

Dispute Resolution (Step 2) – Adjudication, Arbitration & Litigation

Whether opting for Adjudication for a quicker resolve, Arbitration or worst case Litigation, Profile can advise and support the most appropriate methodology through various avenues such as project planning, critical path and forensic analysis of retrospective data to solidify your position.

Assist with Planning and Programming Expertise to Support your Position
Compile Clear and Concise Programmes for your Exact Requirements/Argument
Report Writing/Programme Narratives to Support Programmes Issued
Client Representation and Legal Argument
Risk and Contractual Advice

Expert Witness

As experts in our field accompanied with extensive expernience in all matters of construction planning and programming, Senior Profile employees can be appointed as a Delay Expert Witness to assist any contractural or legal preceedings. All expert reports will be CPR Part 35 compliant.

Vast Understanding of Construction & Extensive Experience including Legalities
Offer Just and Independent Advice
Help Ascertain, Collect and Present Facts both Objectively & Impartially
Put Forward Supporting Testimonies and Legal Arguments
Defence Reports Preparations

How We Can Help

Our team uses decades of industry experience to help clients avoid disputes on live projects, giving pragmatic advice and seeking practical solutions. Where disputes occur, our experts provide clarity to help clients make the best decisions and manage risk.

Our delay experts undertake project assessments to ascertain the amount and causes of critical delay; on live projects but also forensically, once works are completed.

This helps Contractors to identify and clearly articulate delay claims. We also work with Employers and advisors to assess claims and understand liabilities.

Should disputes arise, our expert witnesses can provide the necessary support to help protect your position.

We help clients through dispute resolution; from initial project reviews to expert witness evidence and testimony. We advise in settling a range of disputes from mediation to adjudication, arbitration and litigation, including providing evidence to the Technology and Construction Court.

We serve a variety of stakeholders in the engineering & construction sector including owners, public bodies, contractors, designers, insurers and funders. Our experts act through solicitor instruction or direct appointments.