References

Context

The Independent Business Review carried out by Argos Construction defined a three-year business plan, but the funding requirement proved too high for the shareholder, who withdrew. The company entered receivership, leading to two separate sale plans for the utilities and earthworks businesses.

Mission

Diagnostic

Objectives

• Economic and financial diagnostic (organisation, risks, business plan)
• Funding-needs study and information memorandum for sale

Stakes

• €150M revenue, 850 employees

Context

Setting up contract management from the outset made it possible to record every event and send regular reports to the Owner. Amendments and cost overruns were settled immediately, avoiding any dispute.

Mission

Preparatory review and claim memorandum

Objectives

• Contractual analysis and identification of delay-related issues
• Establishment of cost-overrun pricing
• Preparation of the claim for additional compensation

Stakes

• Schedule of 24 months versus an initial 20 months
• €4M of additional compensation + €150k waiver of penalties on a €38M (excl. tax) contract

Mission

Review of damages following contract termination (ICC arbitration)

Objectives

• Review of contract documents and opinion on pricing
• Participation in cross-examination before the Arbitral Tribunal

Stakes

• €91M contract, claims of €40M.

Result

To come.

Context

Numerous changes introduced by the Owner had given rise to incomplete amendments and erroneous pricing. Argos Construction's critical-path analysis allowed the amendments to be corrected, anticipated subsequent events and produced a new schedule and budget — culminating in a contract extension.

Mission

Claim for additional compensation

Objectives

• Contractual analysis and reconstruction of disruptive events
• Delay analysis and review of pricing
• Drafting of the memorandum and assistance through to acceptance of the works

Stakes

• Delay of 1 month and 2 weeks on a 4-month-and-2-week schedule
• €2M on a €9.5M contract

Context

Awarded a €180M / 62-month contract for an underground metro station in the Paris region, the joint venture benefited from real-time contract management led by Argos Construction. This approach allowed issues to be addressed regularly with the Owner and a 15-month overall slippage to be managed without delay penalties.

Mission

Assistance to the joint-venture lead with contract management

Objectives

• Set-up of a contractual and administrative database
• Operation of management tools and traceability of works
• Assistance with drafting correspondence and draft amendments

Stakes

• 15-month time extension on an initial 62-month schedule
• €20M on a €180M contract

Result

Amendments signed for 11.5 months of time extension and €17M; discussions ongoing

Context

Despite significant disruptions, the joint venture in charge of track-laying and overhead-line works (€200M) completed the project without jeopardising the train commissioning date. Argos Construction's analysis brought to light critical disruptions previously unidentified, allowing more than €10M in delay penalties to be challenged.

Mission

Claim for additional compensation relating to disruptions

Objectives

• Delay analysis and substantiation of entitlements
• Review and complement of cost-overrun pricing
• Drafting of the memorandum to be attached to the draft final account

Stakes

• 6 months of time extension to be substantiated
• €10M of delay penalties
• €30M of cost overruns

Result

Under discussion

Context

Faced with non-compliant geological conditions and changes imposed from the start of excavation, the joint venture had presented two memoranda totalling €20M, accepted at only 10% by the Owner. Argos Construction's independent review, establishing €10.1M as the negotiated baseline, led to a signed amendment for €9.6M.

Mission

Preparation of an Argos-headed report

Objectives

• Review of claims as part of the negotiation of an amendment

Stakes

• €20M presented by the joint venture, reassessed at €10M by Argos Construction

Result

€9.6M

Mission

Review and defence of the claim file — court-appointed expertise

Objectives

• Review and additional analysis of the existing file
• Drafting of supplementary memoranda
• Assistance with defence and amicable negotiation

Stakes

• €3M on a €4M contract.

Result

Amicable negotiation.

Mission

Delay impact analysis — litigation on behalf of the Architect

Objectives

• Determination of works performed (base contract vs. additional)
• Assistance to counsel and report advocacy
• Drafting of reports and supplementary notes

Stakes

• 6-month delay on an initial 9.5-month schedule
• €2,526k on a €9.66M contract.

Result

To come.