Progress Monitoring, Claim Defence

Morris Associates was retained by a major regional contractor to monitor the progress of the concrete substructure and superstructure sub-contractor’s work on a landmark construction project and to assess and agree the latter’s extension of time entitlements. Richard Morris was then appointed as Expert Witness on programme matters in relation to four adjudications.

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Adjudication Case Management

Morris Associates successfully case-managed an adjudication for a Sub-Contractor, managing the appointment of an adjudicator to decide upon matters in dispute on a services sub-contract. This led to a quick negotiated settlement with the Main Contractor.

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Programme Advice and Claim Defence – Major International Aiport

Richard Morris was retained to provide preliminary advice on the programme implications of a dispute on a major construction project in Hong Kong, the Chek Lap Kok Airport, in relation to the construction of tunnels into reclaimed land.

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Previous Appointments – Pre-2000

In addition to all the later, 21st Century appointments, Morris Associates carried out many other appointments since its founding in 1993:

Form of Contract Type of Appointment Details
Client’s Own Adjudication Support Morris Associates successfully case-managed an adjudication for the Main Contractor following the appointment of an adjudicator to decide upon matters in dispute on a roofing sub-contract.
Amended DOM/1 Expert Witness Richard Morris was appointed as Expert Witness on Programme Matters by Solicitors acting for the Claimant curtain walling subcontractor in a litigation.  The instructions were to consider both the positive case for an Extension of Time as claimed and the negative case, the delays to the Main Contract Works with damages to £1M, as counterclaimed. Following our involvement in providing delay analysis information as part of a Request for Further Information, the matter settled with the Claimant receiving a settlement in excess of £360,000.
ICE 6th Edition Expert Witness Richard Morris acted as Expert Witness on Programme Matters on instructions from Solicitors acting for the Respondent Employer in an arbitration.  The instructions were to form an opinion as to the original commencement date and the original contract period as well as the time in which the Claimant ought to have finished the project.
ACA Form of Sub-Contract Claim Preparation Morris Associates has been given further repeat instructions by a construction group of companies to prepare a contractual claim against a works contractor.  We are also to advise upon the possible determination of our Client’s employment.
Amended DOM/1 Expert Witness Richard Morris acted as Expert Witness on Programme Matters on instructions from Solicitors for a Plaintiff curtain walling subcontractor.  His instructions were to prepare an Expert Report upon the counterclaim which consisted partly of a disruption claim from the Defendant main contractor.The matter settled with the Plaintiff obtaining full settlement of its claim and costs.
IFC 84 Claim Preparation Morris Associates was working as part of a team on a recently-completed refurbishment project.  An initial Extension of Time application has been made backed up by a full set of programmes, delay narratives, etc.  The Client retained the team through to completion of the project to monitor the progress of the works and to update the Extension of Time application as required. The Extension of Time Claim and the Loss and Expense submission are currently being negotiated.
Professional Appointment Expert Witness Assistance Morris Associates was appointed by another Expert Witness to assist in a litigation matter between a contractor and its consulting engineer. Specifically, a series of delay impact analysis programmes was produced to show the effects of an alleged breach of  contract or negligence.
IFC 84 Expert Witness Assistance Morris Associates was appointed by another Expert Witness to assist in an arbitration.  A series of programmes was produced to reflect the tender position, the as-installed work and a delay impact analysis programme to show the effects of a series of delays.
JCT 80 Claim Preparation Morris Associates worked as part of a team on a refurbishment project. Two Extension of Time applications have been made, backed up by a full set of programmes, delay narratives, etc.  The Client had retained the team through to completion of the project to monitor the progress of the works and to update the Extension of Time application as required.
Amended JCT MTC Claim Preparation Morris Associates was retained by another construction group to assist them with a number of disputes at their repair and maintenance subsidiary. In one such dispute, we prepared and negotiated a loss and expense claim resulting in a settlement being made to our Client of a sum in excess of £0.25 million – our total fees and expenses for the dispute amounted to only £5,116.40…
DOM/1 Claim Preparation We were retained by a major Mechanical and Electrical Services Contractor to prepare an extension of time and loss and expense claim on a hospital refurbishment project whilst overseeing the works in progress for actual and potential disputes to enable them to be avoided or dealt with at the earliest opportunity. The work was being carried out in phases with Sectional Completions and thus extension of time entitlements were established on each section.

In addition, we prepared a submission for adjudication following an attempted set-off by the Main Contractor and were able to negotiate with the Contractor to ensure that no set-off was subsequently made.

The Sub-Contractor was able to secure an entirely satisfactory resolution of the dispute and as a result re-appointed Morris Associates on a public sector project that was already in delay before the Services Contractor started on site.

FIDIC Claim Preparation Richard Morris carried out an assignment in Bulgaria for an Italian Client, preparing a claim under the FIDIC Conditions of Contract on a major roadbuilding project. The assignment, including preparing an extension of time and loss and expense claim together with a fully networked construction programme, was completed in less than two weeks.

He subsequently returned to Bulgaria for the same Client to update the claim and negotiate it with the expatriate Engineer, obtaining a settlement in mixed currency to suit the Client’s requirements.

This in turn has led to an approach from a Greek Contractor to set up and monitor its information systems on a new roadbuilding project in Bulgaria to avoid or reduce any contractual disputes.

Client’s Own Expert Witness Richard Morris acted as Expert Witness on Programme Matters for the Defendant in a litigation matter in the UK.  The litigation concerned the effects of the Plaintiff’s delays on the progress of the Defendant’s Main Contract Works. The Expert Reports produced by Richard Morris assisted the parties in agreeing a settlement a month before the trial date.
Respondent’s Own Lay Advocate Richard Morris acted as Lay Representative for the Claimant in a construction arbitration concerning a groundworks works package.
IFC 84 Claim PreparationExpert Witness Morris Associates acted in a litigation support role for a major UK plc Contractor on a multi-million pound project, preparing Further and Better Particulars, Re-Amending the Statement of Claim including the preparation of a number of Programmes to demonstrate delays and the preparation of a Consolidated Schedule to the Statement of Claim, taking Witness Statements and subsequently having Richard Morris appointed to act as the Expert Witness on Programme.

As a direct result of our involvement, our Client was able to secure an out-of-Court settlement well in excess of £0.5 million plus reimbursement of their costs.

Needless to say, the same Client continues to appoint us to handle further Expert Witness work and to assist in the preparation of pleadings in other cases.

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