References

Context

For a company member of a consortium holding a contract for nuclear power plants compliance upgrade (post-Fukushima): preparation of claim presenting disruptions during design phase and quantification of the extra costs and damages.

Mission

Claims Management

Objectives

• Explanation and substantiation of disruptions experienced (delays in the transmission of input data, in the approval of design documents, etc.)
• Quantum assessment

Stakes

• Time for Completion: 7 years
• Contract amount: € 56M
• Extra costs and damages 4 years after the Contract date: € 19M

Result

The ARGOS report enabled the Contractor to conduct amicable negotiations with its client, resulting in an addendum.

Context

For a contractor in charge of the Design, Construction and Maintenance of an hospital in the Caribbean: substantiation of an Extension of Time application.

Mission

Claim Management

Objectives

• Delay analysis using the Time Impact Analysis methodology

Stakes

• Design-Build-Maintenance Contract (FIDIC Gold Book 2008) – Total amount : $140M USD
• Initial Time for Completion: 36 months
• Extension of Time of 14 months requested

Result

Extension of Time granted to the Contractor

Context

In the context of a program to increase train capacity (from 26 m to 52 m) and modernize a metro line, a company was entrusted with the ventilation and smoke extraction works for 17 stations and 12 inter-station shafts, under an initial contract supplemented by an additional contract, for a total amount of €7.0 M excl. VAT.

The execution of the contract was severely disrupted by events beyond the contractor's control, including in particular the discovery of asbestos in stations and shafts, changes to safety standards imposed by State authorities, and multiple instances of late handovers. These disruptions resulted in a fundamental upset to the project's economics and significant delays to both partial and overall completion milestones.
Argos Construction acted as expert in support of Colas Rail in connection with its claim for additional compensation.

Mission

Claim Management

Objectives

• Analyse and quantify the external disruptions and their consequences on the contractor's schedule and costs;
• Demonstrate the fundamental upset to the project's economics, justifying the claim for additional compensation;
• Assess and value the additional costs arising from the disruptions and the acceleration measures proposed at the Client's request.

Stakes

• Total contract value: € 7.0 M excl. VAT (initial contract € 4.9 M + amendment no. 1 € 0.5 M + additional contract €1.6M)
• Initial overall completion period: 54 months;
• Delays justified by disruptions: 47.6 months on the overall completion period;
• Main disruptive events: discovery of asbestos in shafts and stations, modification of the system's safety level, late handovers (AGI cabinets, cable trays, electrical supplies), requests from the Quality Assurance Inspector (unit-by-unit commissioning, shaft throttling), additional works via 15 Variation Orders (€ 1.2M excl. VAT, representing 17% of the total contract value).

Context

The project involves the renovation of 32 reinforced concrete cells (wheat silos) at a port in West Africa, entrusted to a joint venture composed of a French company and a local company.
The works were quickly disrupted by technical difficulties related to the mix design of the sprayed concrete, then brought to a standstill due to an unresolved issue of insufficient bearing capacity of the existing foundations.
In the absence of an agreement through conciliation, the Client terminated the contract, leading the Joint Venture to initiate arbitration proceedings before the ICC in Paris.
Argos Construction acted as quantum expert in support of the Joint Venture in order to analyse the claims of both parties.

Mission

Disputes & Arbitration

Objectives

• Assess and defend the Joint Venture's claims in the context of the ICC arbitration;
• Analyse and rebut the Client's counterclaims and the conclusions of the opposing expert;
• Produce successive quantum reports in support of the submissions filed before the International Court of Arbitration.

Stakes

• Contractual works duration: 17 months;
• Net claim of the Joint Venture: ~€1.1M (incl. VAT) (after repayment of the mobilisation advance of €1.065M, on a gross loss of ~€2.87M);
• Client's counterclaims: €32.1M (incl. VAT);
• Key issues in dispute: whether the termination was wrongful, works stoppage linked to the existing foundations, non-conformity of the sprayed concrete with contractual requirements, liability for additional costs and delays.

Context

The project involves the design and construction of railway equipment (track, overhead line equipment and construction base) for a High-Speed Rail Line, entrusted to a joint venture under a lump-sum contract.
The construction site, spanning 106 km divided into 14 distinct zones, was disrupted by numerous events beyond the Joint Venture's control (defective input data, hold points, sleeper rejection rates, acts of vandalism), forcing the Joint Venture to continuously adapt its plant and labour resources.
Despite these disruptions, the line energisation date was met.
Argos Construction acted as expert in support of the Joint Venture in connection with its claim for additional compensation for fundamental upset to the contract's economics.

Mission

Claim Management

Objectives

• Analyse and quantify the external disruptions suffered by the Joint Venture during contract execution;
• Demonstrate the fundamental upset to the project's economics and the undermining of the conditions under which the tender was prepared;
• Compile and value the Joint Venture's claim submission for additional compensation.

Stakes

• Contract value: €179.6M (excl. VAT) (lump sum) for 106 km of line;
• Overall contract period: 52 months, with partial milestone no. 1 (Track and Overhead Line) of 46 months;
• Critical schedule constraint: compliance with the line energisation date, a critical milestone conditioning the works of the Signalling package (outside the contract);
• Main disruptive events: late and erroneous transmission of input data, definition and release of Z-50 and Z-20 hold points, unsubstantiated variation and anomaly notices, increase in sleeper rejection rates, acts of vandalism, remedial works following an accident.

Context

The project involves the construction of a residential tower in Warsaw, Poland, under a lump-sum contract valued at €25.8M (excl. VAT). Following termination of the contract by the Client, an arbitration dispute arose between the two parties concerning the final account, contractual penalties, damages and the contractor's claims. Argos Construction acted as quantum expert in support of the contractor INSO, in order to analyse and value the company's counterclaim.

Mission

Disputes & Arbitration

Objectives

• Analyse and respond to the Client's statement of claim on a line-by-line basis;
• Assess and value the contractor's counterclaim (additional works, losses and damages, termination costs, interest);
• Identify and demonstrate errors and omissions in the valuation carried out by the opposing party's expert.

Stakes

• Contract value: ≈€25.8M — lump-sum contract;
• Total gap between the parties' positions: over €17.5M;
• Key issues in dispute: termination penalty (10% of the contract price), damages for delay (76 days), additional works arising from the Client's variations, payments to subcontractors, defective works, loss of margin on unexecuted works.

Context

As part of the construction of Rennes' second automated metro line (Line B, 13.6 km), the Client entrusted a joint venture with the execution of Package No. 4, comprising a 2,395 m prestressed concrete viaduct with precast segmental construction.
The contract was severely disrupted by the continuous modification of input data (operational loads, Siemens rolling stock).
These modifications gave rise to an entitlement to a 25-month extension of time and a fundamental upset to the contract's economics.
Argos Construction acted as expert in support of the Joint Venture to carry out an independent review of the Explanatory Dossiers and the Technical and Financial Acceleration Proposal in the context of amicable negotiations with the Client.

Mission

Claim Management

Objectives

• Carry out a limited and independent review of the 7 Explanatory Dossiers submitted by the Joint Venture (additional design, methodology and construction costs);
• Analyse and validate the Technical and Financial Proposal for acceleration of the works;
• Identify financial impacts not presented by the Joint Venture and assess a realistic amount that could form the basis of a prompt amicable settlement.

Stakes

• Contract value: €39M (excl. VAT) (final and revisable unit prices);
• Contractual duration: 39 months;
• Total entitlement to extension of time: 25.0 months (i.e. 64% of the initial duration);
• Main disruptive events: late transmission and continuous modification of input data over 20 months, modification of the launching girder, geometric modifications to piers and segments, modification of the prestressing scheme (+4.3 months on segment installation), disruptions at the CROUS site;
• Total claim by the Joint Venture: €26.9M (excl. VAT) (Explanatory Dossiers + acceleration);
• Amount partially accepted by the Client during negotiations: €4.8M (excl. VAT) (Explanatory Dossiers) + €3.4M (excl. VAT) (acceleration), totalling €8.3M (excl. VAT).

Context

As part of an all-trade (TCE) fit-out contract for a railway station, with a value of €80 million and a duration of 47 months, the contractor experienced major events during both the detailed design phase and the construction works, resulting in a 33-month delay to the project completion.

Mission

Argos Construction was appointed by the contractor to (i) prepare a claim report to support its request for an extension of time and additional compensation, and (ii) assist in defending the claim throughout the negotiation phase.

Objectives

• Analysis of contractual, technical, and administrative documents
• Review of contemporaneous project records
• Preparation of a claim report analyzing the causes of delays and their financial consequences
• Analysis of opposing arguments and preparation of technical notes/reports in response
• Participation in technical review and negotiation meetings to support our work

Stakes

• €35 million in additional costs and damages claimed by the contractor

Result

Execution of a contract amendment granting the contractor a 33-month extension of time and additional compensation of approximately €20 million

Context

As part of an all-trade (TCE) fit-out contract for a railway station, with a value of €53 million and a duration of 50 months, the contractor experienced major events during both the detailed design phase and the construction works, resulting in a 9-month delay to the project completion.

Mission

Argos Construction was appointed by the contractor to carry out an analysis of the causes of delay.

Objectives

• Analysis of contractual, technical, and administrative documents
• Review of contemporaneous project records
• Preparation of a report analyzing the causes of delays (method used: Time Impact Analysis)

Stakes

• €10 million in additional costs and damages claimed by the contractor (including a proposed acceleration plan)
• €2 million in delay penalties incurred