ISL provides an independent expert witness service in Hong Kong and throughout Asia across a broad range of quantum and time-based matters.         

Our experts specialise in:

• Measurement and Valuation of Variations;
• Payment and Certification issues;
• Forensic Analysis of Delay, Disruption and Extension of Time;
• Valuation of Costs Arising from Delay, Disruption and Extension of Time, Loss and/or Expense, Prolongation Costs, Damages and Defect Issues.

A strong and comprehensive understanding of a project's commercial risks is vital to its success. However, all too often these risks are overlooked or obscured by conflicting incentives within a team. It is for this reason commercial risk is often best investigated with the assistance from an unbiased and independent specialist.

ISL services include:

• Risk appraisal and advice on standard forms of contract, bespoke contracts and ‘Special Conditions of Contract’;
• Risk assessment prior to bidding including an assessment on potential variations and changes, and an overview on key deliverables;
• Advice on the formation of contract and the wording of Letters of Intent, warranties, bonds and the like; and
• Assistance, in the preparation of tender submissions.

Effective Contract Administration and Commercial Management is a construction project imperative. The establishment of robust commercial management procedures to maximise cost efficiency, however, often requires an independent perspective.

ISL services include:

• Commercial advice on sub-contract procurement routes, forms of contract, construction management and programming;
• Identification, implementation and monitoring of an effective claims strategy;
• Contract administration including the preparation of the appropriate contractual correspondence, notices and supporting documents;
• Cost and budgetary management, the measurement and evaluation of variations, the preparation of variation accounts and Final Accounts;
• Project cost reporting, cash flows and risk analysis; and
• Creation, implementation and operation of cost management procedures to maximise efficiency.

Most disputes have their basis in delay and disruption events. Despite this, most project programmes lack the robustness to clearly and concisely demonstrate delay and disruption events when they inevitably arise. ISL uses modern analytical techniques and software, grounded in practical construction experience to provide assurance in the development of the project programme.

ISL planning services include:

• Researching and preparation of tender, contract and/or baseline programmes;
• Adequate identification and provision of risk allowances within the programme;
• Routine monitoring and reporting of progress and progress audits;
• Formulation of recovery and accelerated programmes;
• Research and preparation of Delay Claims;
• Advanced project data analytics and visualisation, utilising modern dashboard software; and
• Programme integration into BIM (4D).

ISL's core skill is the preparation and presentation of claims. Our clear understanding of contractual and legal principles together with a hands-on approach is centre to our ability to produce robust and well substantiated claims.

ISL's claim services include:

• Providing an independent overview of contract provisions;
• Identification of contractual entitlements;
• Advice on contractual correspondence;
• Analytical review of cost of resource data using graphical representation where appropriate;
• Production of detailed submissions for quantum or extension of time claims including negotiating to settlement;
• Claims rebuttal/defence of quantum and extension of time claims lodged by contractors, sub-contractors and specialists;
• Advice on alternative dispute resolution processes including mediation, adjudication, arbitration, conciliation and expert determination; and
• Independent advice on contractual entitlements, obligations and liabilities.

Where a claim cannot be resolved through negotiation, a formal dispute resolution may be required. Our expertise covers the full spectrum of dispute resolution mechanisms ranging from, mediation, adjudication and arbitration through to litigation.

ISL dispute resolution services include:

• Advice on the appointment of advisors and experts;
• Management of Notices and assistance in the preparation of Pleadings, Position Papers and the like;
• Working in partnership with Witnesses of Fact; and
• Advice on negotiation strategies.