Case Study

The Client / Claimant - Steelworks Sub Contractor

Respondent – MEP Contractor

The Project

Doha Festival City Project

The Issues

The dispute arose when the Respondent failed to agree a final account with the Client.
The Client appointed AGC as to help to achieve final account settlement .

The Challenges

Many Complex variations, entitlement and quantum calculations interpretation of specification with respect to change in scope.

AG Consultancy’s Involvement

AGC prepared the final account settlement road map and strategy with the Client. AGC helped Client in negotiation meetings. AGC coordinated with both parties to achieve a win-win resolution to the disputed items in the final account settlement.

The Client / Claimant - Fire Fighting Subcontractor

Respondent – MEP Contractor

The Project

Green Line Metro Project

The Issues

A dispute arose when the Respondent failed to agree several variations and cost overruns with the Client.
The Client appointed AGC to help to achieve the settlement.

The Challenges

Respondent issued various site instructions however, Client had minimal records.
Respondent believed the additional work does not give an entitlement under the Contract for the Client to make a claim as it is part of scope for the Client.
The specification interpretation between the Parties was different.

AG Consultancy’s Involvement

AGC updated and enhanced the Client’s variation submissions with appropriate documents and clear narrative.
AGC accompanied the Client’s team to explain their entitlement by participating in the negotiation meetings.
AGC implemented mediation principles to achieve settlement between the Parties.

The Client / Claimant - MEP Subcontractor

Respondent – Main Contractor

The Project

Internal Security Force Compound Project

The Issues

The Client was overwhelmed with many contractual letters coming from the Main Contractor.
The Main Contractor was accusing the Client for the delay and slow progress and threatening for applying liquidated damages.

The Challenges

The Client’s site team were addressing contractual letters received from the Main Contractor. However, they could not respond to all letters as they were busy in carrying out the project progress.

AG Consultancy’s Involvement

AGC provided the part time contract administration service to the Client. AGC’s site-based contract administrator addressed all the pending contractual letters and also identified Main Contractor’s delays / issues and raised timely notices to the Main Contractor reserving rights of the Client.
AGC formulated a claims strategy for the Client and prepared an extension of time claim for the Client.
AGC helped the Client in the defense of the Main Contractor levying the liquidated damages and also safeguarded the commercial and contractual interests of the Client.

The Client / Claimant - MEP Subcontractor

Respondent – Main Contractor

The Project

Msheireb Phase 4 Project

The Issues

The Client was overwhelmed with many contractual letters coming from the Main Contractor. The Main Contractor was accusing the Client for the delay and slow progress and threatening for applying liquidated damages. The Main Contractor also disputed the Client’s variations.

The Challenges

The Client’s site project team were addressing contractual letters received from the Main Contractor. However, they could not respond to all letters as they were busy in carrying out the project progress. They were unable to prove the variations’ entitlements.

AG Consultancy’s Involvement

AGC provided the part time contract administration service to the Client. AGC’s site-based contract administrator addressed all the pending contractual letters and identified Main Contractor’s delays / issues and raised timely notices to the Main Contractor reserving rights of the client.
AGC formulated a claims strategy for the Client and prepared an extension of time claim for the Client reserving their rights. AGC enhanced, revised and strengthened the variations submissions and helped Client to achieve the variations approval.
AGC helped the Client to defend the possibility of Main Contractor levying the liquidated damages and also safeguarded the commercial and contractual interests of the Client.

The Client / Claimant - MEP Subcontractor

Respondent – Main Contractor

The Project

Lusail Piping Project

The Issues

The Client submitted its extension of time claim to Main Contractor however, it was rejected by the Main Contractor.

The Challenges

The Client’s planning team was not experienced in the required forensic delay analysis.

AG Consultancy’s Involvement

AGC were tasked to provide a forensic delay analysis for the projects’ extension of time claim.
AGC prepared the delay analysis with its recommendations and observations. The Client was successful in negotiating with the Main Contractor a payment towards the projects delay utilizing AGC’s forensic delay analysis.

The Client / Claimant - MEP Subcontractor

Respondent – Main Contractor

The Project

Red Line Metro Project, Qatar

The Issues

The Client submitted its extension of time claim to Main Contractor however, it was rejected by the Main Contractor.

The Challenges

The Client’s planning team was not experienced in the required forensic delay analysis.

AG Consultancy’s Involvement

AGC were tasked to provide a forensic delay analysis for the projects’ extension of time claim.
AGC prepared the delay analysis with its recommendations and observations. The Client was successful in negotiating with the Main Contractor a payment towards the projects delay utilizing AGC’s forensic delay analysis.

The Client / Claimant – Specialist Civil Subcontractor

Respondent – Main Contractor

The Project

Sidra Medical and Research Project, Qatar

The Issues

The Client was terminated by the Main Contractor due to the Main Contractor’s termination by Employer. The Client wanted to safeguard their contractual and commercial interests in this termination scenario.

The Challenges

The Main Contractor is following the ICC international arbitration process and meanwhile the Client is looking for settling the issue with the main contractor.

AG Consultancy’s Involvement

AGC were tasked to prepare the claim for variation and damages incurred due to termination of the contract.
AGC prepared and assisted the Client to submit the claim in timely manner.

The Client / Claimant – MEP Subcontractor

Respondent – Main Contractor

The Project

Qatar University Student’s Housing Project, Qatar

The Issues

The Client had a dispute with the Main Contractor over variations and other commercial issues. With the Parties seeking resolution by Litigation.
However, the Client appointed AGC via their legal counsel to check the strength in their claim.

The Challenges

Parties already in Litigation and the hearing will be commencing soon.

AG Consultancy’s Involvement

AGC prepared a report detailing the AGC’s expert opinion with respect to entitlement of the claim and the merit for the same. Furthermore, AGC advised the Client’s legal counsel to take up the matter first in Arbitration as per the agreed contract conditions.

The Client / Claimant – Main Contractor

Respondent – Developer

The Project

Doha Oasis Project, Qatar

The Issues

A Multi Billion project in Qatar, wherein the Client started to face issues with respect to disagreements with the Developer with respect to entitlement under the Contract for delays in completion of Works and agreement on major variations in the Scope of Works.

The Challenges

The Client was lacking in contemporaneous records and was not in a position to defend fully the commercial and contractual interests.
The Developer raised a notice to levy liquidated damages due to non-performance and delay in completion.

AG Consultancy’s Involvement

AGC’s contract administration and claims advisory services were taken by the client. AGC reviewed the contract and the correspondence and prepared list of issues to be addressed and devised a strategy and implementation of this with the Client
AGC’s contract administration team responded to all the contractual communications with the Developer to safeguard the contractual interests of the Client.
AGC worked with the Client’s project team to prepare an extension of time claim and prolongation costs claim and submitted to the developer.
AGC assisted the Client in negotiation process and mitigated the risk of levying penalties by the Developer.

The Client / Claimant – Fit-out Sub Contractor

Respondent – Main Contractor

The Project

Falcon Tower Hotel Project, Qatar

The Issues

The Client completed the motorized curtain works for the Respondent on the project. Both Parties entered into dispute via Litigation proceedings for the Client’s entitlement for variations to the works.

The Challenges

The dispute was filed in Qatari Court by the Client against the Respondent. The Court appointed an expert to understand the dispute and provide its report to the court.

AG Consultancy’s Involvement

AGC was appointed by the Client’s legal counsel to prepare an expert witness report to help their case presentation to the court appointed expert.

AGC prepared an expert report as required by the Litigation procedures. Accordingly, AGC presented the report to the expert appointed by the court in meeting held with the Client and its legal counsel and the court expert.

This report helped the Client and its legal counsel to present all aspects of the case appropriately and the Court found in favour of the Client.

The Client / Claimant – Main Contractor

Respondent – Developer

The Project

Doha Marriott Gulf Hotel Project

The Issues

The Client was contracted by the Developer for hotel refurbishment and redevelopment project. The Client submitted numerous variations submissions with respect to changes in the scope and design issued by the developer. However, the Developer did not agree with the variations and rejected them.

The Challenges

The Client wanted to ensure the variations submissions are correctly prepared prior to take further action in the dispute.

AG Consultancy’s Involvement

AGC was appointed by the Client to produce an independent report for merit and entitlement of the variation’s submissions made by the Client to the Developer.

AGC prepared an independent expert report wherein provided AGC’s opinion based on the documents available on the merits and entitlement of each variation submission.

AGC also further provided guidance on the gaps in the submissions so that the Client can enhance the submission for better outcome.

The Client / Claimant – Main Contractor

Respondent – Developer and the Sub Contractors

The Project

Msheireb Doha Metro Station Project, Qatar

The Issues

The Client was awarded a metro station contract. The program is a very ambitious fast-tracked program. It is required to manage the contract administration between the Main Contractor and Developer and also between Main Contractor and various sub-contractors and supply chain to ensure the Main Contractor’s contractual interests are safeguarded.
it is also required for the Main Contractor to maintain the rate of progress of work and ensure the supply chain team also adhere to the stringent timelines.

The Challenges

The major sub-contractors were issuing a high volume of contractual letters with respect to delays on the project and various other operational coordination issues. The Developer’s team are also issuing high volume of contractual letters to ensure the project progress is maintained without any delay.
Hence it was becoming a huge challenge for the Main Contractor’s team to timely respond to these letters and safeguard the Main Contractor’s contractual interests.

AG Consultancy’s Involvement

AGC was appointed by the Main Contractor to supplement the Main Contractor’s commercial team. AGC seconded team of 4 Senior Quantity Surveyors, 2 Contract Administrators and 1 Contract Manager at project site office in Doha.

This team helped the Main Contractor to secure the contractual interests in the project.

The Client / Claimant – MEP Sub Contractor

Respondent – Main Contractor

The Project

Madinata Wakra, Integrated Families Housing Project, Qatar

The Issues

The Client was awarded a MEP works contract for a multi-billion-dollar project. The contractual completion period was very short and fast tracked due to FIFA World Cup requirements. While delivering the very tight schedule of works the Client dependencies were on Main Contractor to give timely access to the works for the Client to complete its works in timely manner. However due to compressed schedule both the Parties faced enormous coordination issues and access issues which affected the rate of progress and sequence of works.

The Challenges

The Client employed a team of contract administrators and contract managers to issue daily many contractual and coordination letters to all the sub-contractors blaming them for any delay or issue on the project.
The Client teams were overwhelmed with the about of communication and correspondence to respond or to act on those letters on daily basis. Thus, it started affecting the contractual interests of the Client.

AG Consultancy’s Involvement

AGC was appointed by the Client to support on contract administration works. AGC seconded a team of contract administrators on site who dealt with each letter contractually.

The Client / Claimant – MEP Sub Contractor

Respondent – Main Contractor

The Project

Barahat Al Janoub Wakra, Labour Housing Project, Qatar

The Issues

The Client was awarded a MEP works contract for a multi-billion-dollar project. The contractual completion period was very short and fast tracked due to FIFA World Cup requirements. While delivering the very tight schedule of works the Client dependencies were on Main Contractor to give timely access to the works for the Client to complete its works in timely manner. However due to compressed schedule both the Parties faced enormous coordination issues and access issues which affected the rate of progress and sequence of works.

The Challenges

The Client employed a team of contract administrators and contract managers to issue daily many contractual and coordination letters to all the sub-contractors blaming them for any delay or issue on the project.
The Client teams were overwhelmed with the about of communication and correspondence to respond or to act on those letters on daily basis. Thus, it started affecting the contractual interests of the Client.

AG Consultancy’s Involvement

AGC was appointed by the Client to support on contract administration works. AGC seconded a team of contract administrators on site who dealt with each letter contractually.

The Client / Claimant – Main Contractor

Respondent - Developer

The Project

Delhi Public Monarch School, Qatar

The Issues

The Client was awarded a school construction project with a fast-tracked program. It is very important to ensure all dependencies are well communicated and followed with the Developer to ensure timely completion of the project.

The Challenges

The effective Contract administration was the key to achieve synergies between The Client and Developer for timely completion of the project

AG Consultancy’s Involvement

AGC was appointed to support the Client project team with respect to contract administration services.

The Client / Claimant – ELV Sub Contractor

Respondent – MEP Sub Contractor

The Project

Mozoon Tower, Qatarr

The Issues

The Client was awarded the ELV package for the four multipurpose towers. The Client was terminated by the MEP Sub Contractor as per the instructions received from the Main Contractor.
Meanwhile there was a delay in receipt of finalized design from the Client which delayed the works for the ELV Sub Contractor.

The Challenges

The Client was required to secure the payment towards the work completed until the date of the termination. The project was also delayed for which the Client sought an extension of time. Meanwhile the MEP Sub Contractor also issued a claim against the Client for the delay to the project.

AG Consultancy’s Involvement

AGC was appointed by the Client and AGC’s expert claims management team prepared a final account statement based on the date of termination. AGC also prepared an extension of time claim and prolongation cost claim which the Client to be submitted to the MEP Sub Contractor.
AGC’s experts also helped the Client to negotiate a settlement between the Parties.

The Client / Claimant – Fit Out Contractor

The Project

Qatar Petroleum District Towers Project, Qatar

The Issues

The Fit-Out Contractor requested AGC to provide BIM Modelling services for the project.

AG Consultancy’s Involvement

AGC provided team of BIM Modelers for the project.

The Client / Claimant – Sub Contractor

Respondent – Main Contractor

The Project

Ras Gas Helium 3 Project, Ras Laffan, Qatar

The Issues

The Client and Respondent entered into disputes via arbitration proceedings for the Clients entitlement for prolongation costs and extension of time award.

The Challenges

The Client was facing multiple challenges on the project where the Client could not complete the project in timely manner. The Client incurred additional costs due to prolongation of the completion date.

AG Consultancy’s Involvement

AGC was appointed by the Client’s legal counsel to prepare an expert witness report for the Arbitration proceedings with respect to dispute between parties over prolongation costs and extension of time claim award.
AGC prepared a forensic delay analysis and prepared a quantum analysis using the documents submitted for Arbitration from both the Parties. AGC further prepared its expert witness report and submitted to the Clients legal counsel.

The Client / Claimant – Joint Venture first party

Respondent – Joint Venture second party

The Project

Al Udeid Air Base Project, Qatar

The Issues

A contract was awarded to a joint venture company to carry out certain construction works at the project. The JV company was further awarded a sub contract to one of the JV members. There was a dispute with respect to the amount receivable by JV member (First Party) awarded the sub-contract Works after receipt of final settlement from their client including come variations award.

The Challenges

The complex contractual situation was under dispute wherein both the parties were firm on their own position.
Hence this dispute went on to ICC Arbitration and the international and Qatari Lawyers were involved in the case from both the sides.
Both the parties couldn’t agree on the sum owed by the first party to the joint venture.

AG Consultancy’s Involvement

First party to the Joint venture and their legal counsel appointed AGC for providing expert witness in the ICC Arbitration proceedings.
AGC prepared the expert witness report and presented it to the Arbitration Tribunal. AGC’s expert was cross examined during the tribunal hearing.

The Client – EPC Sub Contractor

Respondent – EPC Main Contractor

The Project

EPC Contract for RasGas Helium 3 Project in Qatar

The Issues

Claimant appointed AGC as to prepare preliminary expert report for entitlement for extension of time and its associated costs.

AG Consultancy’s Involvement

AGC delivered the report towards the costs incurred due to extension of time claim / prolongation costs.

The Client: Specialist Sub-Contractor

The Project

Various Oil and Gas Projects

The Issues

The preparation and presentation of cause and effect on the projects as a result of the introduction of new law 17 of 2020 ‘Determining the National Minimum Wage for Workers and Domestic Workers’.

The preparation and presentation of the cause and effect on the projects as a result of the Novel Coronavirus SARS-CoV2 (COVID-19) Pandemic.

The Challenges

The client was not experienced in producing such claims as was not sure how to financially substantiate its claims. The claims needed to be prepared in such a way that the Client had entitlement under the Contract and also compliant with the Ministry of Finance concession to resolve all Government effected project by review outside of the contract by the claim compensation committee.

AG Consultancy’s Involvement

AGC’s experts advised and prepared these cost claims for the Client on various projects.

The Client / Claimant – Main Contractor

Respondent – Developer and the Sub Contractors

The Project

Education City Doha Metro Station Project, Qatar

The Issues

The Client was awarded a metro station contract. The program with very ambitious completion period.

The Challenges

The major sub-contractors were issuing a high volume of contractual letters with respect to delays on the project and various other operational coordination issues. The Developer’s team were also issuing high volume of contractual letters to ensure the project progress is maintained without any delay.
Hence it was becoming a huge challenge for the Client’s team to timely respond to these letters and safeguard contractual interests.

AG Consultancy’s Involvement

AGC was appointed by the Client to support. AGC seconded team of 4 Senior Quantity Surveyors, 2 Contract Administrators and 1 Contract Manager at project site office in Doha.

AGC were required to manage the contract administration between the Client and Developer and between the Client and various sub-contractors and supply chain to ensure the Client’s contractual interests are safeguarded.

The Client / Claimant – Renowned Design Consultant

The Project

Aspire Zone Development Phase 2 project, Qatar

The Issues

The Design Consultant was hired by the Developer to develop a concept level master plan for the phase 2 development. The design consultant was required to provide the concept level cost estimate as well.

The Challenges

The concept level master plan kept on developing with many changes and the cost estimate is required to record those changes and accommodate those for the approval process.

AG Consultancy’s Involvement

AGC’s Cost Planner and Estimating team was hired to carry out the concept level master plan cost estimate. The team produced the cost estimate which was later approved by the developer as well.