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A third-party independent assessment offers a non-binding technical assessment of matters in dispute. It is aimed at assisting the parties reach an amicable settlement without having to refer their disputes to formal dispute proceedings.

Third-party independent assessment tends to be an ex-contractual process, where HKA is appointed at the agreement of both parties to carry out an independent assessment of their dispute.

The parties provide a copy of the contract and their claims, and give us access to project records and key staff. This allows us to gain a full understanding of the contractual framework and events and issues that have arisen on the project.

Based on all the project information made available, we perform a detailed analysis of the contract and factual matrix surrounding each event and issue, and also carry out our own delay analysis and quantum evaluation to establish the contractual entitlements of the parties.

Upon completion, we present findings and conclusions to both parties, facilitate negotiations, and draft the settlement agreement.

Independent Facilitation

HKA offers facilitation in a virtual environment to avoid the time and cost of lengthy legal proceedings. Our approach is to provide independent input into working sessions with all relevant parties to the contract. HKA’s knowledge of technical, time and money issues coupled with extensive dispute resolution skills and experience, provide us with an ideal framework which can then be tailored to the circumstances of the project in question.

Our experience and capability

We bring together hundreds of years’ combined experience in dispute resolution (specifically adjudication, arbitration and mediation), expert determination and engineering, architectural, quantum, delay and commercial damages. Our technical capabilities are complemented by softer skillsets enabling them to act as impartial facilitators, working with the parties to identify and fashion practical solutions. This approach is being delivered to a variety of programmes across the construction and infrastructure sectors domestically and internationally. We can bring our experience to bear on the whole range of procurement, commercial and delivery arrangements, from simple projects right through to complex programmes requiring the input of multiple tiers to the supply chain.

Our overarching aim is to help employers and contractors facing such intractable situations find a solution that is palatable to all parties, that can be put in place expeditiously. Our experienced team is able to do this by combining expertise in commercial management, quantum, and delay in concert with objective facilitation.

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The Independent Facilitator