Claims & Dispute Resolution
Sea water desalination plant
Sharjah, UAE
Sea water desalination plant
Sharjah, UAE
The EPC Contractor was awarded a design-built contract to build a 24 MIGD sea water desalination plant using reverse osmosis (DAF, UF, RO). The project was performed in consortium with a local civil contractor. The scope of the EPC contractor was all process, mechanical and electrical works, testing and commissioning. All civil works and building services were under the responsibility of the consortium civil partner. The plant was the most sophisticated plant in the region.
Challenge
The project was delayed by civil partner and customer. Customer has requested additional works without formal change orders. Civil partner has experienced design and productivity issued for which the EPC contractor has incurred cost and time.
Claims & Dispute Resolution
Failure to reach settlement amicably with the customer, the claims were referred to ICC international arbitration in France. Only after filing the arbitration the customer agreed to settle the claims amicably.
After multiple attempts to reach amicable settlement with the consortium partner the disputes were referred to ICC international arbitration in Switzerland. The dispute was finally settled out of Court after the claim and counterclaim process and before the discovery of documents.
For both disputes, with the customer and the consortium partner:
Assessment of potential claims and available documentation.
Review the chronology of events, assemble, organize, and review the facts, evidence, and documents to support on the claims.
Support and coach local project management team with strategies and negotiations.
Act as escalated level in negotiations with the customer.
Expertise and assistance to legal counsel for legal proceedings.