A contractor who experienced substantial difficulties in constructing an eight km long breakwater because of unforeseeable physical conditions, retained Iain Wishart as its quantum expert.  Iain and his team undertook a very detailed investigation into the contractor’s additional costs caused by or attributable to the different subsurface conditions.  Iain produced two substantial quantum reports and two Experts’ joint statements that assessed a very high level of damages assuming that the basic tenet of his client’s case for unforeseen conditions was correct.  He provided oral testimony at the hearing in Geneva.

Following a request from the Tribunal that the Respondent clarify its primary case, Iain was subsequently instructed to produce further Joint Statements.  Iain’s client was awarded very substantial damages.

Joe McAloon was seconded to the Rotterdam office of a US offshore service and oil and gas production company involved on the construction and installation of a new gas field in the Bay of Bengal, India.  Joe lead a team of up cost engineers and planners on this challenging contract and his duties included; assistance and support during the final contact negotiations; setting up the Project Services section; sourcing of a local tax advisor to provide advice and support on Indian taxation matters; general daily contract administration and correspondence; instigation of a change management system; instigation and implementation of an ‘extra work’ and ‘vessel downtime’ monitoring system; preparation and compilation of claims for extra work, delay, disruption and acceleration; assisting in negotiations with the main contractor on changes and claims; drafting formal notices of dispute; briefing and liaising with in-house US based counsel and external London based solicitors on various contractual issues and disputes and potential arbitration proceedings.

On a dispute between a company constructing a subsea pipeline in Qatar and a specialist pipe coating subcontractor, where the difference between the parties was in excess of USD 150 million, Iain Wishart was retained as a quantum expert to provide testimony on behalf of the subcontractor.  Iain and his team carried out a thorough examination of the costs and values claimed by both parties; produced two joint statements with his opposite number and testified in the hearing.

Two dredging contractors involved in a major infrastructure project in Denmark encountered sub surface conditions that differed from those described in the contract.  Their claim had been rejected by the Owner.  The conditions were so different that the dredgers had to bring in a more powerful cutter suction dredger to cope with the actual conditions.  Iain Wishart was consulted as to how to proceed.  He advised the contractor to undertake further subsea investigations in the presence of the consultants.  Following the investigation Iain restructured and resubmitted the claim.  The dispute was resolved following a series of meetings and negotiations with the client.

A contractor that entered into contract to design, engineer, and construct an LNG unloading platform with mooring places and landing places in India encountered tidal range and flow conditions different from those included in the contract.  Iain Wishart was brought in to advise.  He conceived, designed and conducted a workshop that involved the contractor’s designers, engineers, commercial people, external lawyers and management.  The workshop explored the background to the contract; the exact nature of the changed conditions; the likely effect in terms of the effect of the necessary redesign and its impact on cost and programme; the contractor’s legal position; all conducted within management’s pre-determined strictures to progress matters.  The workshop concluded with a clear and concise plan for management to negotiate with the client.

On a submarine base in the United Kingdom, Iain Wishart was retained by the Ministry of Defence to investigate the contractor’s claims for additional payment and provide advice and guidance on the merits of the claims and the entitlement of the contactor to additional payment.  After researching the issues Iain made a presentation to his client and provided his opinion to the contractor on the claim merits and values.  After further investigation the dispute settled.

A shipyard constructing the world’s largest single-masted yacht called in Iain Wishart to mediate between it and the yacht’s owners on the additional costs considered by the shipyard to have been caused by changes in design and requirements. Iain met with the parties, focused their attention on the need to clarify their positions and ultimately arrived at a compromise solution.

A Japanese contractor who constructed jetties for an LNG plant in the Middle East was in arbitration with its sub-contractor.  The sub-contractor lodged claims for delay, disruption and acceleration and over one hundred separate changes and claims.  Iain Wishart produced a report evaluating the submitted claims and testified at the hearing in London.  The Tribunal’s award to a substantial extent reflected Iain’s views on the extent of the quantum.