Case Studies
J.S. Held was engaged as an independent expert witness in a dispute between an employer and their design-build contractor at an airport in the Middle East concerning claims from instructed changes. The building contract was a modified FIDIC Yellow Book 1999. The dispute was heard in an ICC arbitration, where our lead expert provided evidence and was cross-examined.
We assessed and gave opinions on the reasonableness of the design hours for architectural works claimed by the design-build contractor. Our team also evaluated the engineer’s performance concerning the project design reviews and approval mechanism.
Our analysis of the additional design hours for architectural works involved reviewing the documents provided, such as timesheets, drawings, and design progress reports. We considered the work that the design-build contractor had already carried out before the instructed change. We assessed how much of the design-build contractor’s work had already been carried out and, therefore, was abortive and to what extent future stages might have been impacted or include work that would have been done in any event.
We employed two methodologies based on the documentation provided to determine whether the additional design hours were reasonable for implementing the changes. The first was a percentage fee assessment, and the second was a detailed assessment of drawings based on the sample drawings that the design-build contractor identified as impacted. The drawing analysis involved categorizing the changes as minor, intermediate, and complex to understand how the changes affected the design.
Concerning the engineer’s performance, we analyzed the contractual requirements, drawing submissions, and the engineer’s comments.
Mark Phillips
Senior Managing Director
Construction Advisory Practice
+44 20 4576 0174
[email protected]
> Forensic Architecture
Our expert forensic architects investigate issues involving building assemblies, roofing systems, building envelope, waterproofing and flashing, building materials, and other related components in construction claims and disputes.
> Dispute Resolution & International Arbitration
Our experts support clients in the resolution of challenging issues that can arise in engineering and construction projects, through all forms of dispute resolution. We have an unwavering commitment to delivering the news in clear, defensible analysis and testimony addressing the issues at hand.
> Construction Contract Claims & Advisory Services
J.S. Held construction claims experts support construction project stakeholders by assisting in risk identification and assessment and the avoidance and resolution of project-related disputes. We deliver objective and independent analyses of complex construction matters based on years of technical field experience and industry knowledge.