1 CCC CONTRACT CONSTRUCTION CONSULTA NTS The Contract Dispute, Arbitration & Adjudication Specialists The Contract Dispute, Arbitration & Adjudication Specialists
2 The team... We have a team of accomplished and highly qualified individuals ready to deal with your problem with insight and commercial awareness. We take continuing professional development seriously and we keep up to date with the latest developments in our field. Peter McCartney BSc (Civ Eng) LLM FCIArb MIoD Chartered Arbitrator Managing Director Peter is a Fellow of the Chartered Institute of Arbitrators and a member of the Institute of Directors, and has spent many years in the construction industry in the UK, Ireland and the Middle East as an engineer and project manager. He has extensive knowledge and experience of all aspects of construction dispute resolution and has dealt with over 3000 disputes including more than 500 adjudications and 500 arbitrations. He has also acted as a mediator and as a facilitator in both construction and IT disputes on contracts worth up to 3 billion. Morwenna Crichton LLB (Hons) MCIArb MIoD Associate Director Featured as an expert commentator for the BBC news and described as a legal bigwig by Building Magazine, Morwenna is a member of the Honourable Society of the Middle Temple, the Chartered Institute of Arbitrators, the Adjudication Society, the Institute of Directors and the Technology and Construction Bar Association. Experienced in arbitration, adjudication, mediation and litigation, she has been involved in hundreds of disputes from different disciplines where the sums claimed have run into the hundred millions. Morwenna also specialises in non-contentious matters. Morwenna is one of the primary training providers at Contract & Construction Consultants. Morwenna has undertaken a variety of international work. She currently advises French, German and Austrian clients and has given advice on a number of international projects including a nuclear project in Finland, a power plant in Germany and projects in the Middle East. Alexander Dain BA (Hons) MA ALCM PgDip Law BVC MCIArb Associate Director Alexander joined CCC with several years experience in litigation and alternative dispute resolution representing clients in court, tribunal and appeal proceedings. He was graded Very Competent in his Bar exams. During the past decade, Alexander has built up a busy practice at CCC acting for claimant and respondent parties across the whole spectrum of construction trades. His work is predominantly contentious, and he enjoys the challenges of large-scale arbitrations and adjudications which are often factually and legally extremely complex. Alexander brings to bear in-depth knowledge, attention to detail, and strategic thinking to get CCC s clients the best results possible. His high number of repeat clients testifies to his excellent track record. Lisa Norton BA (Hons) GDipLaw Senior Dispute Resolution Consultant Lisa has a range of experience in contentious matters including adjudication, arbitration, litigation and mediation. Lisa has worked for clients across various sectors of the construction industry. This includes an active role on a dispute against a 500 million turnover main contractor that has since instructed CCC to act on its behalf. Lisa also has experience of dealing with a range of non-contentious matters including contract advice, providing ongoing commercial assistance on live projects and giving seminars to clients on a variety of topics. Lisa has worked with international clients and has provided training for international companies working in England. Christopher Dean LLB (Hons) MCIArb Senior Dispute Resolution Consultant Christopher s role at CCC primarily includes contentious work. Acting for both claiming and defending parties, he has experience across a wide range of construction trades and projects, including schools, university buildings, rail projects, aviation projects, hospitals, housebuilding projects, retail and other private projects. Applying the good practice learnt from his contentious work, Christopher undertakes a wide range of non-contentious work, spanning contract reviews, seminars, advice on preparation of contracts, and providing ongoing commercial assistance on live projects from start to end. Christopher has worked with international clients, and has dealt with international contractors on projects in the UK. Elizabeth Mugan BA/BSc (Hons) PgDip Law BVC ACIArb Senior Dispute Resolution Consultant Elizabeth completed The Bar exams before joining CCC. She is a member of the Honourable Society of Lincoln s Inn, the Adjudication Society and an Associate of the Chartered Institute of Arbitrators. Elizabeth s experience is predominately in contentious work, both claiming and defending. Elizabeth provides assistance to international clients, on projects based in the UK. She acts for clients in complex multi-party disputes, instructs expert witnesses and pursues negligence claims. She is experienced in claim preparation, drafting, litigation and dispute resolution across a wide spectrum of trades. Elizabeth s experience in contentious work is then applied to non-contentious matters, such as in-house seminars, training and general contract advice, to help clients recoup their entitlements.
3 We are... leading specialists in the field of construction dispute resolution and commercial construction contract advice. We are one of the largest specialist contentious construction firms in the UK, and set the bar for other firms. We have a breadth of knowledge and experience that is not available in non-specialist firms. Commercial results... We have a proven track record of achieving effective results, always cost effectively and with our clients commercial aims in mind. Whether you need us to resolve disputes, negotiate key contract terms or provide advice on your liabilities, fast and effective commercial results are always our goal. Dispute resolution... As leaders in the field of arbitration and claims preparation / evaluation, CCC has adapted over the years to become specialists in all aspects of construction disputes such as adjudication, mediation, conciliation and litigation support. Dispute avoidance... Flexible fee agreements... One of the greatest concerns for our clients is how much it will cost. We understand the commercial need to achieve as much certainty as possible. We offer a very flexible approach to fee arrangements, with no-win no-fee, lump sums, percentage uplift agreements and capped fees all a possibility. We are happy to consider any commercial solution to the management of fees. International work... CCC regularly undertakes work with an international element. We have acted for and assisted UK-based clients on international projects and we have acted for and assisted international clients with UK-based projects. The old adage prevention is better than cure could never more accurately be applied than to the construction industry. We can assist clients with preparation and analysis of contract documents, programmes, tenders, and warranties, together with advice throughout the process.
4 Our objective is simple - to find rapid, cost-effective solutions to your problems, regardless of their size or complexity. Key strengths... expertise... Our team of specialists are experts in their fields, with an in-depth understanding of both the legal and the commercial aspects of construction projects. commercial understanding... We have many years experience in understanding and advising our clients from a commercial perspective. strategic thinking... We will offer solutions best suited to your situation, often pursuing non traditional paths. Our breadth of experience makes us well placed to advise you on getting your tactics right without compromising the dispute. We will guide you through every step of the process and assist in avoiding disruption to ongoing projects. cost effectiveness... Our priority is to give you as much cost certainty as possible, offering different fee arrangements to suit your goals, as well as understanding the need for timely fee updates and management of costs. Our emphasis is on providing value for money. uncompromising advice... Our experts understand the need for direct and efficient advice, which we aim to deliver within 24 hours. We give advice confidently, always with your commercial objectives in mind. These core skills combine to resolve your issues in the best way possible. Our reputation in the industry and the volume of repeat business from our clients are a testament to the quality that you can expect and trust.
5 Our Services... adjudication... We have assisted clients in over 1,000 adjudications of all different types from home-owner disputes for a few thousand pounds to main contract disputes worth millions. arbitration... CCC has represented both defending and claiming parties in arbitration proceedings and have experience in all aspects to hearing stage and beyond, including cost hearings and enforcement. commercial assistance... We provide ongoing commercial assistance to assist clients with the recovery of aged debt, negotiation and assist in setting up and running projects to maximise profit and minimise risk. contract advice and preparation... We are able to advise on and draft contract documents and are experienced in all standard form contracts, consultant appointments, warranties, guarantees and bonds. insurance... Advising on construction and professional indemnity insurance. litigation... Experienced in assisting with litigation and routinely instruct specialist construction barristers from leading London chambers. mediation... CCC can engage mediators or one of our staff can act as a mediator. money and time claims... Acting in interim application and final account claims, loss and expense claims, variations, increased costs, extensions of time, liquidated damages and disruption claims. seminars and training... We provide public and in-house training covering a wide range of topics that can be tailored to suit your needs. contractual mechanisms... Advising on contractual procedures, including payment provisions, serving notices, suspension and termination of works. defects claims... Advising in workmanship and design defects claims. insolvency... CCC can assist in dealing with insolvency and other funding issues.
6 Our clients... We act for a broad range of domestic and international clients in many different industries Office Civil Engineering Energy Projects Retail Employers Contractors Sub- Contractors Infrastructure Roads & Railway Projects Defence Developers Specialist Contractors Housing Consultants Olympics NHS Oil & Gas Education Find out more... CCC s International Work... CCC regularly undertake work with an international element. Examples include: We offer a free one-hour consultation to give you an opportunity to discuss your situation in detail and review the best way forward. CCC represented a UK-based main contractor in adjudication proceedings against a Swissbased employer concerning temporary works built in Scotland; CCC drafted contract documents for a UK-based sub-contractor undertaking mineral extraction operations in the DR Congo; CCC represented a UK-based company specialising in the design and build of a theme park attraction on a multimillion dollar project in Gabon; CCC provided commercial assistance to a German-based sub-contractor during the term of a construction project for an Egypt-based employer; CCC are retained as UK commercial and litigation advisors for a French-based main contractor; and CCC are retained as UK commercial advisors for the UK-based subsidiaries of many non- UK based companies (including subsidiaries of French, South African, Canadian and German companies). CCC advised a French-based company on a power station construction in Finland;
7 Testimonials... The advice we have received has always been prompt, concise and invaluable and has resolved to all parties satisfaction the issues involved. We are particularly happy that the cost to ourselves has been kept to a minimum, your service has been excellent value for money and we will not hesitate to call on you again should the need arise. The result is important but the way you helped us get there has been excellent. Sincere thanks for your efforts in helping to resolve this situation with a very difficult company. Rest assured we will have no hesitation in recommending your services increase net profit... We have proven experience of increasing net profit, simply by reviewing processes to put in place efficient contract management mechanisms. cash in on top of our fees... We have a track record of our clients getting money paid to them on top of our fees. efficiency... We have the resources to ensure that we can offer the level appropriate to the work, giving you confidence that it is not costing more than it needs to. results achieved... We work with you to achieve the best results possible, delivering honest and straightforward advice every time. We always ensure that our fees are competitive and don t waste unnecessary costs. Our value for money pledge
8 CCC CONTRACT CONSTRUCTION CONSULTA NTS The Contract Dispute, Arbitration & Adjudication Specialists The Contract Dispute, Arbitration & Adjudication Specialists Contract & Construction Consultants Limited 65 Woodland Road Clifton, Bristol BS8 1UL Tel: Fax:
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