Mott MacDonald operates across all industry sectors globally. We provide you with independent, reliable, fact-based advice to assist you in understanding the issues facing your projects and business. We then deal with, manage and resolve those issues. Our service is totally client focused and built upon a deep understanding and knowledge of the environments in which you operate.
What we deliver
- Strategy – we impart confidence through the development of a focused, robust and dynamic strategy
- A risk-based approach – we ensure that we only need to do that which is necessary, based upon a managed risk profile
- Key resources at key times – by giving our clients access to construction law specialists, we ensure that key project staff are not diverted from their project delivery roles
- Cost-effective advice
- Confidence generated by a focused, robust and dynamic strategy
- A balanced view of risk and reward by concentrating on the key issues
- Relief of pressure through providing dedicated staff or project teams
- Speed of resolution influenced by our knowledge and experience
Early involvement allows us to have greatest impact with influencing issues and enhances the opportunities for settlement, improving your position. Our consultants are highly experienced and trained specialists including non-practising barristers, arbitrators, adjudicators and quantum, technical and delay analysis experts.
Our clients include employers/purchasers, funders/lenders, insurers, contractors, subcontractors/works contractors and in-house/client appointed lawyers.
Our diverse experience ranges from small works packages, single-house refurbishment projects and disputed accounts to multimillion pound claims, adjudications and international arbitrations. We operate across all sectors including property, education, sport, water, rail, highways, metros, oil and gas, petrochemicals and power projects and cover civil engineering, infrastructure and buildings contracts.
Our consultants are available to visit sites and client offices wherever they are located. We also have teams of consultants seconded to client offices and project sites.
- Standing review
Claims and disputes
- Review and strategic advice
- Management and resolution
- Forensic research
- Mediation, adjudication and arbitration
- Expert witness
Claim review, strategy and advice, clam defence preparation – Rail project
Our client let a 5-year framework on a complex, bespoke multi-contract basis. Final accounts exceeded predictions, and included major claims. We reviewed final accounts and claims, and prepared a strategy aimed at obtaining an equitable solution. The outcome ensured substantial savings for our client whilst maintaining good relationships with their contractors.
Review, entitlement, defence, quantum – Rail
We advised our client who was engaged on an NEC3 Option C contract. Financial forecasts indicated cost overruns of approximately £250m. Our forensic research teams, including construction law specialists and quantum specialist, working as a team saved our client £200m through the contractual provision for disallowed costs. We identified the contractual mechanism and established the quantum that led to an amicable agreement with the contractor, without resorting to arbitration or litigation.
Claim evaluation, negotiation, arbitration: Hydroelectric (Asia)
Our involvement assisted a negotiated settlement following the contractor’s $20,000,000 prolongation and loss and expense claim. We also managed and represented the Contractor in arbitration in Singapore and led negotiations of a $50,000,000 contractor’s all risks insurance claim under Philippines law;
Advice, delay analysis, quantum: Highways
We reviewed a contractor’s claim for a 15 week extension of time and advised that only a six working day extension of time was due. We enabled the client to confidently reject the contractor’s claims and provide detailed explanations of its resultant award, enabling a saving of £84,000.
Advice, adjudication, arbitration: Specialist facilities
Our involvement in one of the largest laser facilities in Western Europe, including acting as representative and advocate in adjudication and contributed to the achievement of a settlement securing an end to a protracted dispute at a sum previously offered in conjunction with ourselves 2 years earlier. We added value by introducing corporate improvements through developing and implementing a ‘Dispute Management Protocol’.
We advised on contract selection on a $15bn railway project in Africa. We also recommended to a solicitor a form of contract suitable to use in relation to the refurbishment of a ward wing of a PFI project where construction had been completed 10 years previously and which the incumbent contractor/operator did not wish to undertake.
Contracts training: Aviation
We developed a bespoke NEC3 corporate training programme and delivered it in 2-hour sessions over a six-week period to over 400 staff.
Multi-disciplinary expert witness: Water and environment
We provided our client with the convenience of procuring its entire arbitration expert witness requirement (including delay analysis, quantum, tunnelling and geology experts) from one organisation.
Contract drafting: Nuclear
We drafted three major bespoke forms of contract based on NEC3 ECC and PSC forms and the LOGIC conditions for the supply for major items of plant and equipment as part of a £4 billion construction programme.
Contracts training – Aviation
We developed a bespoke NEC3 training programme and delivered it to 400 of our client’s staff over only six weeks. Response data indicated high levels of satisfaction and raised skill levels. We were particularly praised for the practical approach and the relevance to the delegates’ needs.
Forensic research, claim preparation, ICC Arbitration – Oil and Gas
We reviewed design delays on an oil installation in Nigeria. Forensic research revealed grounds for claiming extensions of time and quantum uplift. Our risk-based strategy ensured that our client was not exposed to counter-claims.