iStock_000016912641_SmallClient: International defence contractor

Assignment: Delay Expert Senior Consultant for an Arbitration Hearing for a defence and homeland security technology services outsourcing contract

Contract Value: £650m

Objectives: Various forensic analysis and co-ordination of delay theme activities

Achievements: Established a chronology of all Contract Change Notes, Work at Risk plus Client concessions to demonstrate / illustrate key areas of delay and common cause and effect themes.

Providing delay analysis expert report and consultancy for a top 10 worldwide legal advisor relating to a several hundred million pound arbitration resulting from an early termination of a homeland security technology outsourcing contract with a central government department. Co-ordinating the delay team and tracking progress of the delay topic reports and prioritisation in conjunction with the technical, accreditation and quantum experts and legal advisors’ preparation of pleadings, rejoinder and rebuttal expert report.

  • Board level reports and presentations and preparation of materials for the defence of a claim and pursuit of a counter claim for a US defence technology contractor.
  • Forensic investigation and preparation of Scott Schedule cause and effect reports, analysis of chronology of events, preparation of timeline diagrams and delay reports. Including consideration of the Contract Change Procedure and its implementation in practice including identifying all forms of change mechanism, audit trail from the origin of a proposal to technical discussions, impacting process, formal commercial mechanisms, work at risk, offer and acceptance and payment.
  • Analysis of Relief Event Notice and Compensation Event Notice contractual procedure, working practice, chronology of events and evidence of condition precedent.
  • Forensic analysis of Project Plans to map milestones, activities, deliverables and dependencies for critical path / “But For” / “Windows” analysis.
  • Interviews with project personnel to identify, interrogate and present cause and effect delay events and mitigating actions plotted against time and indexed supporting evidence artefacts for delay to key delivery milestones.
  • Detailing disclosure requests via the Redfern Schedule and analysis of witness statements.