Claims and Counterclaims Preparation, Analysis, Assessment and Successful Settlement of Disputes II

Claims and Counterclaims Preparation,
Analysis, Assessment and Successful
Settlement of Disputes
© www.asia-masters.com

Contract CloseOut

Overview of discussion
 What is a contract closeout and its
purpose?
 When is a contract completed and
contractor submit the NOC?
 When is a contract ready for closeout?
 What are some specific issues that can
occur during a contract closeout?
 Contract closeout checklist

Purpose of Contract Closeouts
1. To verify that both parties fulfilled their
contractual obligations.
2. To assess the success of the contract
and lessons learned for future
contracting.

What is a contract closeout?
 It is usually a simple, but detailed
administrative procedure agencies should
perform after the contract is completed.

A Contract is completed When:
 All goods and services have been received and
accepted;
 All reports have been delivered and accepted;
 All administrative actions have been
accomplished;
 All agency-furnished equipment and material have
been returned;
 And final payment has been made to the
contractor.

When is A contract ready for
closeout?
 All services have been satisfactorily performed, and all products have been
delivered and accepted by the agency ;
 Final payment has been made;
 All property, inventory, and ownership issues are resolved including
disposition of any equipment or licenses purchased under the contract;
 Contractor is aware of and is in compliance with records retention
requirements and a plan has been developed for contract file maintenance;
 Any deficiencies found as part of the closeout process are documented and
communicated to all appropriate parties

Performance and Payment
Bonds
 A performance bond is a surety bond issued
by an insurance company or a bank to
guarantee satisfactory completion of a project
by a contractor.
 A payment bond is a surety bond posted by
a contractor to guarantee that his
subcontractors and material suppliers on the
project will be paid.

Payment withholding or
Retainage
 Retainage is a portion of the agreed upon contract
price deliberately withheld until the work is
substantially complete to assure that contractor or
subcontractor will satisfy its obligations and
complete a construction project.
 This usually occurs in construction contracts
where a 10% retainage is typically withheld and
not due until the work is substantially complete.

Transition to new vendor
 Establishing a new contract creates a range of issues and
potential risks that need to be managed.
 Transition Plan
 Executive Summary
 Transition Approach
 Team Organization
 Work Execution
 Subcontractors
 Property
 Knowledge Transfer
 Schedule
 Handover and Acceptance

Vendor performance tracking
system
 Any deficiencies found as part of the closeout process
are documented and communicated to all appropriate
parties
 Vendor Performance Tracking System
 Exceptional performance
 Unethical business practices
 Repeated delivery and performance issues
 Report vendor performance on purchases $25,000 or
greater
 The scope & accuracy of the data collected is
dependent upon the participation of agencies.

Contract closeout checklist
 All products or services required were provided to the buyer.
 Documentation adequately shows receipt and formal
acceptance of all contract items.
 No claims or investigations are pending on this contract.
 Any buyer-furnished property or information was returned to
the buyer.
 All actions related to contract price revisions and changes are
concluded.
 All outstanding subcontracting issues are settled.
 If a partial or complete termination was involved, action is
complete.
 Any required contract audit is now complete.

 Change Orders may be processed for Approval after NOC
Change Order Work must be performed prior to Substantial
Completion
 Payment Applications for Change Orders processed after the
NOC has been filed will be paid 100% (no Retention withheld)
 Undisputed Retention will be released with existence of a
Punchlist
 Punchlist should contain corrective items, NOT unperformed
scope

Requirements for
Substantial Completion
 100% Completion of the “Work of Improvement”
 All Change Order work performed
 Also includes*, but not limited to:
 Operation/Maintenance instructions
 Preliminary Warranties/Guarantees
 All manuals, spare parts and extra materials
 Final Cleanup/ Removal of tools, construction equipment ,etc.
 Owner Orientation/Training completed
 Testing & Inspection of all equipment and systems completed
 Continuous flushing of the building HVAC system for 14 days
following testing and inspection of equipment
*See Contract Closeout Checklist

Contract Date of
 Substantial Completion date establishes the following:
Establishes “Completion” of the “Work of Improvement”
 60-day clock start to release Retention
 Contractor responsibility for site ends Starts OWNER
responsibility for the Project
 End Date for OWNER provided Builder’s Risk
 Start Date of District insurance
 Start of Warranty/Guarantee period
 End Date for Liquidated Damages

Occupancy (or Partial Use) vs.
 Substantial Completion NOT necessary to take Occupancy
 To achieve Occupancy (or Partial Use)
 Contractor inspect areas to be occupied
 Record/document status of Completion (i.e. punchlist)

 Case study

Definition of “Punchlist” Items
1. Items listed on Punchlist are MINOR
2. CORRECTIVE in nature, not unperformed scope
3. Punchlist Items are required to be resolved in the
TIMEFRAME established in the Contract and
Certificate of Substantial Completion (30 days)

Notice of Completion (NOC)
 NOC must be filed within 10 days of Substantial
Completion (California Civil Code section 3093)
 Fax copy of Certificate of Substantial Completion to:
Veronica Villavicencio
Facilities Construction Contracts
Fax No: (213) 413-4853
(w/ instructions to file the Notice of Completion)
 FCC prepares Completion of Contract Memo for Director of
Contracts signature; files NOC with the County
 A copy of the NOC can be found online at
www.laschools.org

What Does Notice of Completion
“Trigger” ?
 30 day Sub Contractor period to file Stop Notices
 120 day period for Contractor to resolve outstanding Stop
Notices
 180 day period for Labor Claims resolution

Release of Retention
 Release of Retention is initiated by the OAR using the
Release of Retention Authorization Form plus
required attachments:
 Copy of the NOC filed
 Conditional/Unconditional Waiver and Release
Form
 Punchlist (including $ values x 150%)
 All relevant Withholds/Releases

Release of Retention
 If Contractor invoices for Retention, simply attach the
Release of Retention Authorization form and submit
both for processing
 Retention is paid ONE time
 Remaining monies retained are for specific obligations to
withhold (i.e. stop notices, labor claims, etc.)

 Releases remaining retainage on the Contract; except for
specific obligations to withhold
 Allows withholds for:
 Potentially Disputed items (after date of SC)
 Stop Notices
 Labor Compliance withholds
 Amount not yet invoiced for by the Contractor
 Pending Credit Change Orders
Release of Retention Authorization form

• Disputed items to be withheld from Retention release
Date:
To: Facilities Contract Invoice Unit (FCIU) Invoice Number:
Project/School Name: Project Number:
Contractor: Contract Number:
Substantial Completion Date:
$ 20,000.00
$ 5,000.00
$ -
$ - All required agency permits & fees received/paid
Other (Please specify)
Indicate amounts to be withheld for Assessments listed below in accordance with the General Conditions of the Contract
25 days X $1,000.00 $ 25,000.00 Other Assessments
Owner training $ -
$ 25,000.00
Warranties and Guarantees
Spare parts $ -
(A) Subtotal Disputed Items Withholds (to Line N)
$ -
Required DSA verfiied reports $ -
$ 25,000.00
Waste, equip & temp facilities removed from site
(B) Subtotal Assessments Withheld (to Line N )
Big Contractor 021021
Test and Balance Reports $ -Operation/Maintenance Manuals
Indicate amounts to be withheld for disputed items listed below in accordance with the Public Contract Code Section 7107, including 150%
of the value of the disputed items.
$ -
PURPOSE: To release undisputed retention after Substantial Completion in accordance with Section 7107 of the
Public Contract Code. Form completed by the OAR no later than 30 days past Substantial Completion date.
Westside Learning Center
Corrective Items Record Drawings (As-Builts)
11/11/2005
RETN
11/14/2005
55.01234
Liquidated Damages:
$ -
RELEASE OF RETENTION AUTHORIZATION
Using the Form!

• First you calculate what is currently retained
(C) Contract Amount to Date (includes Approved Change Orders)
(D) Completed & Stored to Date (from last Application for Payment)
(E) Current Retention Amount Retained (contact FCIU for current Retention amount)
(F) Amount Previously Withheld (Stop Notices / Labor Claims / OAR)
(G) Current Total Amount Withheld (E + F)
99.00%49,500,000.00$
50,000,000.00$
2,475,000.00$ 5.00%
Contract Financial Status
100,000.00$
2,575,000.00$ 5.15%
(H) Amount Previously Withheld (Stop Notices / Labor Claims / OAR)
(I) New Withholds Amount (Stop Notices / Labor Claims / OAR)
(J) Releases Since Last Payment (Stop Notices / Labor Claims / OAR)
(L) Pending Credit Change Orders
(M) Amount Not Invoiced for by Contractor to Date (C - D) 1.00%
(N) Disputed Items / Assessments Amount (A + B) 0.10%
(O) Amount to be Withheld (K + L + M + N)
(P) Amount to be Released (G - O)
635,000.00$ 1.27%
0.01%
80,000.00$
500,000.00$
50,000.00$
0.16%
3.88%1,940,000.00$
100,000.00$
Retention Release Calculator
(K) Current Amount of Obligations to Withhold (H + I - J)
5,000.00$
10,000.00$
30,000.00$
• Then release Retention while withholding for obligations
Revised and Expanded Owner Assessment Summary
Using the Form!

APPROVALS
FAX form to: Facilities Construction Contracts (FCC) at (213) 413-4010 for Escrow Releases
cc: Regional Director/LDPM Attachments: Copies of Withholds/Release Notices
Inspection Section Copy of Notice of Completion
Facilities Construction Contracts (FCC) Copy of Punchlist
Contractor Conditional/Unconditional Waiver and Releases
{Insert Name} , Owner Authorized Representative (OAR) OAR Signature Date
{Insert Name} , Regional Director/RPMD Date
Date{Insert Name} , FCIU Supervisor FCIU Signature
Signature
Using the Form!

Withholds Released
(After Release of Retention)
 Utilize the Withhold Release Authorization form for all
releases after Retention payment
 Currently in use by FCS to release Stop Notice and Labor
Compliance after NOC has been filed and Retention
released
 OAR should use the Withhold Release Authorization to
release monies withheld for resolved Punchlist items and
monies assessed

Punchlist Resolution by Alternate
Contract Methods
 Job Order Contracting (JOC)
 Defined unit prices for most common Punchlist items
 Contact Facilities Contracts Services
 Informal Contracts (A&B)
 For Contracts under $15,000
 M&O Work Orders
 Coordinate with M&O

31
What is FIDIC?
• FIDIC stands for Fédération Internationale des Ingénieurs-
Conseils or International Federation of Consulting Engineers
• Formed in 1913, now a global organisation with members from
70 plus countries and secretariat based in Switzerland
• FIDIC Forms of Contract are widely used forms (i.e. model
contracts) for engineering, construction, provision of
mechanical and electrical works in international projects
• FIDIC introduced the concept of Dispute Board into its Orange
Book contract in 1995
• In November 1996 FIDIC introduced the procedure into Clause
67 of its Red Book
V. Introduction to FIDIC and its Dispute Resolution Provisions (1)

32
• In 1999, FIDIC revised its Forms of Contract
• The four FIDIC Forms of Contract are:
− Conditions of Contract for Construction (New Red Book)
− Conditions of Contract for Plant and Design-Build (New
Yellow Book)
− Conditions of Contract for EPC Turnkey Projects (Silver
Book)
− Short Form of Contract (Green Book)
(Note that FIDIC will be launching its Design, Build and
Operate (DBO) Contract (Gold Book) in mid 2008)
Note that these are just model contracts. The parties are
expected to adapt them to their own projects

33
• FIDIC Dispute Resolution provision is set out in Clause 20 of the
New Red, New Yellow and Silver Books
• Approach used by FIDIC is the Dispute Adjudication Board (DAB)
which issues a decision, as opposed to Dispute Review Board
which issues a recommendation
• The FIDIC DAB provisions apply whenever a FIDIC contract is
used unless parties delete the provision
• FIDIC DAB decisions are immediately binding and parties are
obliged to comply with the decision pending other stages of the
dispute resolution procedure, e.g. revised by amicable settlement
or arbitral award
• New Red (Construction Contract) and New Yellow (Plant and
Design-Build Contract) Books provide for Engineer to act as
adjudicator and DAB. Silver Book (EPC Contract) has no
Engineer, so disputes under Silver Book must be handled by
DAB.

Professional Services Agreements
FIDIC publishes model
agreements for professionals
services:
- Client/Consultant
- Joint Venture
- Sub-Consultant
- Representative

Works Contracts – Rainbow Collection
FIDIC publishes internationally recognized forms of contract for infrastructure works as
well as for industry investments. Hard Copies, soft copies, e-book……
More than 40,000 copies supplied each year

Works Contracts – Red book spin-offs
Originating from the
Construction-only (Red
Book):
• The 2010 Multi-Lateral
Bank (MDB) Harmonized
Red Book (Pink Book);
• The 2011 Subcontract for
Construction-only contract
form.

Works Contracts – Silver book spin-offs
Originating from the 1999
EPC/Turnkey (Silver book)
• The 2008 Design, Build
and Operate form (The
Gold book).

FIDIC Contracts - Advantages
Essential clauses.
Detailed definitions.
Consistent structure.
Risk allocated to party best placed to
control it, bear it, and deal with it.
Drafted by consulting engineers who
design and manage projects.
Range covers most needs.
Readily adaptable to fit requirements.
Positive FIDIC image.
World-wide acceptance
Tested for more than 50 years.
CLEAR, COHERENT
FAIR, EQUITABLE
THIRD PARTY
COMPLETE, FLEXIBLE
RECOGNISED

Procurement & Business Practice – Work in Progress
Contracts & Agreements in progress
• Design, Build and Operate 1st edition 2008 (Gold Book) form, additional updates, Retention
Guarantees and ICC ref.;
• Client / Consultant 4th edition 2006 update;
• Joint Venture 1st edition 1992 update;
• Sub-Consultant 1st edition 1992 update;
• Short form (Green Book), Construction (Red Book), Plant and Design-Build (Yellow Book),
EPC/Turnkey (Silver Book), 1st edition 1999 (Rainbow Suite) update;
• Dredging and Reclamations, 1st edition 2006 update;
• Sub-Contracts forms for Yellow and Silver Books, first release;
• Tunnelling Contract form, first release;
• Operate, Design and Build (ODB) Contract form, first release.

Range of the FIDIC Contracts
 FIDIC contracts are at the heart of infrastructure
projects all over the world.
 This is in part because of the range of FIDIC
standard forms available.
‘Red Book’ (Construction)
 Employer design
 Measurement Basis
 Engineer
 Even-handed Balance of Risk

‘MDB Red Book’ (Multilateral Development
Banks Harmonised Edition)
 May 2005, revised March 2006
 Standardised form where project MDB financed
‘Yellow Book’ (Plant and Design-Build)
 Contractor Design
 Lump Sum Price
 Engineer

‘Gold Book’ (Design-Build-Operate)
 Contractor Design/Operation
 Lump Sum Price
 Employer’s Representative
‘Silver Book’ (EPC/Turnkey)
 Contractor Design
 Lump Sum Price
 No Engineer
 Contractor Risk

43
 FIDIC Procedure for Contractor’s Claims

28 day Notice of Claim to Engineer
42 day “Fully Detailed Claim”
to Engineer
“Final Claim” 28 days after end of effects
42 days after receipt of claim
Engineer’s Response
Clause 3.5 Engineer to“Agree or Determine”
Clause 20.1
Contractor’s Claims
Clause 3.5
Determinations
28 day Notice of Claim to Employer
42 day “Fully Detailed Claim”
to Employer
“Final Claim” 28 days after end of effects
42 days after receipt of claim
Employer’s Response
Clause 3.5 Employer to“Agree or Determine”
Given effect unless
Contractor’s Notice of Dissatisfaction
14 days of receipt
New Red/Yellow
Books
Silver Book
Agreement/Determination
given effect unless revised under Clause 20

44
 FIDIC Procedure for Contractor’s Claims

Reference to Dispute Adjudication Board (DAB)
(1 or 3 people)
DAB Decision
within 84 days of reference
“Amicable Settlement” stage
ICC Arbitration
within 56 days after Notice of Dissatisfaction
Clause 20.2
Clause 20.4
Clause 20.5
Clause 20.6
No Notice of Dissatisfaction
within 28 days of Decision
Notice of Dissatisfaction
within 28 days after 84 days of referenc
No DAB Decision
within 84 days of reference
Notice of Dissatisfaction
within 28 days of Decision
DAB Decision
final and binding

45
 FIDIC Procedure for Employer’s Claims
New Red/Yellow
Books
Silver Book
Employer or Engineer gives
notice and particulars to Contractor
Employer gives
notice and particulars to Contractor
Clause 3.5 Engineer to
“Agree or Determine”
Clause 3.5 Employer to
“Agree or Determine”
Clause 2.5
Employer’s
Claims
Clause 3.5
Determinations
Reference to Dispute Adjudication Board (DAB)
(1 or 3 people)
“Amicable Settlement” stage
ICC Arbitration
within 56 days after Notice of Dissatisfaction
Clause 20.5
Clause 20.6
Clauses 20.2 and 20.4
(See previous diagram for
full Clause 20.4 procedure)
Agreement/Determination given
effect unless revised
under Clause 20
Given effect unless
Contractor’s Notice of Dissatisfaction
14 days of receipt

46
• Procedural Rules for DAB are set out in Annex to Dispute
Adjudication Agreement
• DAB shall visit site at intervals of not more than 140 days but
not less than 70 days at request of either Employer or
Contractor
• DAB to use site visits to become and remain acquainted with
progress of the Works and actual/potential problems or claims
• DAB to produce a report after each site visit
• DAB may conduct hearings and request exchange of
statements
• DAB can adopt an inquisitorial procedure and refuse admission
to hearings or grant audience to any persons other than parties’
representatives
• DAB can open up, review and revise any certificate, decision,
determination, instruction, opinion or valuation of the Engineer

47
A Typical ICC Arbitration Procedure
Application for
Interim
Relief
Request for
Arbitration
Answer to Request
and Filing of
Counterclaims
Hearings
Post-Hearing
Submissions
Exchange of
Written
Submissions
Constitution of
Arbitral Tribunal
Terms of Reference
and Procedural
Timetable
Limited Discovery
(Exchange of
Documents)
Final Award & Costs Typical duration: 15-24
months
VI. Conduct of a Typical International Arbitration (1)

48
 Four phases of the typical international arbitration
• Introductory phase: exchange of outline initial
submissions and constitution of tribunal.
• Written phase: exchange of longer written pleadings and
evidence.
• Hearing phase: witness hearings and hearings of
argument.
• Award phase: arbitrators deliberate and draft their award.

49
 General remarks about international arbitration
procedure
• Often an international hybrid of common and civil law
procedures.
• Examples: IBA guidelines on evidence and conflicts.
• More informal than courts (no wigs, advocates usually sit)…
• … but equally adversarial.
• Often fascinating and difficult cultural clashes (e.g. document
production, preparation of witnesses…).

50
 International arbitration personnel
• Worldwide arbitration community/mafia. Centred in
Europe, especially France, Switzerland and the UK. Paris
probably still the headquarters of international arbitration
(seat of the ICC). But now a growing pool of international
arbitrators from Asia and based in Asia.
• Increasingly two groups: arbitrators (older, academics,
barristers, and in boutique firms) and counsel (younger, in
larger firms). The former often graduate from the latter.
Some overlap between the two groups.
• Case for specialisation: arbitration procedures and
personnel increasingly distinct from those of local courts.
What you know and who you know are both important.

51
• If the owner in an international construction project is a
sovereign state instead of a private company, a contractor with
a claim may be able to start investment treaty arbitration instead
of following contractual dispute resolution procedures
• Or if state interferes with a contractor’s project with a private
owner, contractor may still have a claim against the state under
an investment treaty
• Typical claims under investment treaties are based on
interference by the state in the project, including by action of the
legislature, the courts, local government, tax authorities etc
• Investment treaty arbitration can be better than “normal”
arbitration as it gives access to neutral, offshore proceedings,
and international law remedies that may not be available under
contract or in the courts
• Can be very powerful, especially as China has concluded over
VII. Investment Treaty Arbitration and Construction Disputes (1)

52
• An investment treaty is an agreement concluded by two or
more states to promote and protect investment by investors of
those states in the territory of other states party to the treaty.
Example:
State X
Investment
Treaty
China
Chinese
Investor State X
Investment
Protection
and
Promotion
State X
Investor
Investment
Protection
and
Promotion
China

53
• BITs cover investments by an investor of one country in the
territory of the other country
• “ Investor of a Contracting State” is usually defined to include:
− Individuals who are nationals of the State; and
− Companies organised under the laws of the State
• Indirectly controlled investments are often covered
• “Investment” is usually broadly defined to include any kind of
asset, which can include any claim to money or to
performance under contract
• So definition of covered investment is very wide, far beyond
traditional conception

54
• Question – are construction projects considered an
“investment” in the context of investment treaty arbitration?
• See Salini v Morocco (2001) – two Italian contractors filed for
ICSID arbitration against Morocco over a dispute arising
under a contract for construction of a highway. The contract
provided for resolution of disputes in domestic courts.
Claimants alleged that Morocco’s failure to pay was a
violation of the “fair and equitable treatment and protection
against indirect expropriation” in the Morocco-Italy BIT.
Morocco raised jurisdictional objection that dispute was not
in relation to investment under Art. 25(1) of ICSID
Convention and Art 1 of the Morocco-Italy BIT.
• Held: Contract for construction of a highway was an
investment under both treaties. Tribunal upheld jurisdiction
over the investors' claims.

55
• See also R.F.C.C. v Morocco, Bayindir v Pakistan (both
highway construction projects), Impregilo v Pakistan
(construction of a dam) and Saipem v Bangladesh (pipeline
construction project)
• In all cases, the construction projects were held to be
investments covered by investment treaty in question and the
ICSID Convention. The contractors could therefore all
proceed with their claims in neutral, offshore international
arbitration regardless of the dispute resolution provision in
their contract
• So, if you have a dispute with a state or state agency, think
about investment treaty arbitration even if you have an
arbitration or litigation clause in your contract, or even if you
have no contract

56
• Consider interim dispute resolution mechanism, as can be
advantageous to contractors
• Final mechanism should be arbitration in most cases
• Resist temptation to overdraft, keep dispute resolution
provisions simple: use model institutional clauses or standard
form contracts (easily available online) as the basis
• Caution with carve-out clauses, e.g. sending some disputes to
court/expert and the rest to arbitration
VIII. Advice on Drafting International Construction Dispute Resolution
Provisions (1)

57
• Resist temptation to limit pool of arbitrators, e.g. by requiring
arbitrator to have esoteric experience
• Don’t forget the governing law clause; and if you are using a
standard form contract, choose governing law that is
compatible with the contract
• Consider consolidation/joinder for supplier/subcontractor
contracts
• If consolidation/joinder impossible, try to get the dispute
resolution clauses as similar as possible, e.g. same arbitration
rules, governing law provisions
Provisions (2)

58
• Ideally, make sure that dispute resolution clauses in
performance bonds are identical with main contract dispute
resolution provisions
• No language stating that contractor must wait until after
completion before commencing final dispute resolution
proceedings
• Ask for courts or (more realistically) arbitration in your home
jurisdiction as a starting point
• Agree to an arbitration friendly place of arbitration if home
jurisdiction not available, e.g. Hong Kong, Singapore, London,
Paris
• If in doubt, seek specialist advice
• Keep enforcement considerations in mind, e.g. location of other
party’s assets
Provisions (3)

59
• For China-related arbitration, consider:
− That PRC Arbitration Law is currently interpreted by many
as not permitting in China either ad hoc arbitration or
arbitration administered by institutions based outside China
− Specifying that arbitration administered by selected
institution, rather than merely referring to selected
arbitration rules
− Providing for appointment of arbitrators other than those on
the institution’s panel
− Providing that sole/presiding arbitrator not being the same
nationality as the parties
− Avoiding two languages (e.g. English and Chinese) as the
languages of the arbitration: keep it to only one language
Provisions (4)

60
• Before a dispute arises:
− Establish sound, dedicated policies and procedures for
correspondence, other documentation and claims
handling
− Keep supporting documents and contemporaneous
evidence well, e.g. diaries, photographs, maps, drawings
(preferably electronically)
− Maintain a set of programmes which are regularly updated
throughout the course of the project so that the delay
experts will be able to prepare their report in the event of
a delay claim
IX. Advice on Preparing for and Conducting International Construction
Disputes (1)

61
• When a dispute arises:
− Keep a close eye on notice provisions and other conditions
precedent to claims in your contract, and time limitations
for bringing claims and defences
− Gather facts and seek legal and expert advice early
− Take care in what you write and don’t write to the opposing
party (do protest, don’t make unintended concessions)
− Evaluate chances of success early, and act upon that
evaluation
− Carefully explore all settlement options, especially ADR
(e.g. mediation)
− Look at exposure of performance bonds
Disputes (2)

62
• During arbitration or litigation:
− Set up dedicated internal team to maximise efficiency and
minimise disruption to project
− Work with specialist external lawyers, arbitrators and
experts,
− Work together with your external team, don’t just let them
get on with it
− Prepare and monitor realistic litigation budgets
− Get management commitment to ensure cooperation of
project participants
− Always keep settlement and ADR possibilities in mind
Disputes (3)

The End

Claims and Counterclaims Preparation, Analysis, Assessment and Successful Settlement of Disputes II

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