The definition of Contract Administration or Project Management can be applied to Building Employers, Contractors or Sub-contractors, where Arbicon dynamically take command of a contract relative to the type of party.
Forensic Quantity Surveying is, as it suggests, a more specialist area that comprises a detailed examination of the RELEVANT facts and evidence in relation to costs or an entitlement under the construction contract.
The commissioning and purpose of a Forensic Analysis is to:
- Evaluate the entitlement or liability or both in a contract account
- Develop the value of a claim
- Add certainty and substantiation to that claim
- Oppose an undervaluation of an account by the Payer
- Oppose a claim made against a party to the contract
- Identify the risks in claims and for and against
- Prepare for formal proceedings such as Adjudication, Arbitration, Mediation or Court – “Setting up the Ducks in a Row”
Typical examples of types of claims and issues that will need Forensic Analysis are:
- Variation values
- Extensions of Time (Delay Analysis)
- Loss and/or Expense values
- Defects Liability
- Termination and/or Repudiation
- Contra Charges
- Resurrection of Historic Final Accounts going back 6 to 12 years
The facts and evidence in respect of the type of claim are applied to the contractual rights and the law making a relevant and appropriate claim. It is said that the Forensic QS, experienced in such skills, is the professor of the dark arts. It is thus no surprise that Forensic surveyors tend to have legal training, legal experience and practice as Expert Witnesses. All of Arbicon’s Surveyors are Forensic Surveyors and regularly act as Experts producing reports that are CPR 35 compliant for Courts, Arbitrations and Adjudications for the purposes of Dispute Resolution.
The Arbicon Forensic QS claim and analysis can be framed either as an independent report or as pleadings according to our instructions. The analysis will typically comprise a clear, legally prepared narrative, Scott Schedule Account, Delay Analysis (if applicable) together with appendices containing the contract and relevant facts and evidence in support of the narrative and account.