Dispute
prevention and resolution

During projects with high risks and impacts, you regularly face critical situations in multifactorial environments. Resolving these issues requires a thorough understanding of the context and the issues at stake to identify the risks and opportunities and propose the most appropriate solution.

Karbett Consulting assists you, as an expert and/or consultant, whether you are an entrepreneur, a lawyer, or a financial institution, in the following situations:

  • Pre-project: contractual strategy, implementation, risk management,
  • Project: claims and risk management, contractual analysis, delay analysis, financial evaluation of damages, negotiation, and mediation,
  • Litigation: delay, quantum and technical expertise, case management

Case study

Chemical production factory
Africa

Our client granted a €250 million contract for the construction of two chemical production units. The contractor made several claims to recover extension costs.

Our client engaged the experts of Karbett Consulting to independently review the contractor’s claims for negotiation purposes.

We assessed the suitability of the methods used, the reliability of the financial data produced in the claims and conducted a delay analysis to confirm the contractor’s conclusions.

We were able to provide a reasonable assessment of our client’s exposure to inform its negotiation strategy. This estimate also considered the uncertainties and risks inherent in the complexity of such a situation.

Our client did not wish to pursue an out-of-court settlement and initiated litigation which subsequently confirmed the reliability of our conclusions.

Port development
Africa

Our client, a leading contractor in its domestic market, suffered massive losses during the project. Karbett Consulting was engaged to produce a claim based on an “arbitration litigation” standard in collaboration with a leading international law firm. We also worked alongside the client in the negotiations to explain its conclusions.

Our approach was to:

  • Objective the losses through a top-down analysis and identify the type of loss (extension, disruption, etc.),
  • Produce the demonstration of delay and quantum in relation to the contractual and legal arguments developed by the Client’s lawyers,
  • Inform our client on the risks / chances of success according to the country context, the history of relations with the project owner and the weaknesses in the approaches applied (linked to the available data).
  • Our client was able to structure a robust claim which was the basis for a long negotiation process.
  • The close cooperation with our client’s lawyers ensured that the legal arguments, the evidence for the arguments and claims and the approaches during the negotiation process were well aligned.
  • Due to the parties’ trust in Karbett Consulting’s independence, we were proposed by both parties to prepare the basis for a settlement.

Refinery
Middle East

Our client initiated arbitration proceedings against the project manager to assert an extension claim. Karbett Consulting’s experts were engaged to produce an independent delay analysis.

  • We reviewed the claim prepared by our client.
  • From the information collected, we developed an initial analysis of the extent and causes of delay on an independent basis. We also identified the main technical issues and changes that had been made to the project.
  • We produced a concise preliminary report prior to the filing of the first submission which established the causes of delay and their extent to a sufficient level of confidence.
  • Our findings disagreed with those of our client and showed that the project manager’s exposure was reasonably low.
  • Based on our findings, our client changed its strategy and entered an amicable negotiation process.