References

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

Results

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

Results

€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.

Results

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.

Results

To come.

Context

With the works completed but acceptance refused due to leaks, the joint venture had presented a €9M claim covering 17 months of delay. Argos Construction's analysis distinguished 11 compensable months, 3 excusable but non-compensable months and 3 months attributable to the contractor, leading to partial admissibility of around €500k.

Mission

Report in response to the joint venture's claim memorandum

Mission

Review of financial claim files — dam

Objectives

• Analysis of contractual elements and pricing of cost overruns
• Drafting of the memorandum and contract-management follow-up

Stakes

• 20-month delay on an initial 33-month schedule
• €78M on a €159M contract.

Results

€28M for a recommendation between €28M and €40M.

Context

Threatened with the withdrawal of bank facilities following a drop in business and weak management control, the company entered receivership. The Independent Business Review and forecasts prepared by Argos Construction for its seven subsidiaries clarified the situation and supported the divestment.

Mission

Ad hoc mandate then receivership

Objectives

• Preparation of forecasts and control of receivable mobilisations
• Review of customer accounts and opinions on contract terminations

Stakes

• €69M, 60 employees

Context

Faced with a €7M penalty demand from the Owner, the contractor was claiming €16M of additional compensation. Argos Construction's detailed analysis showed that the changes imposed by the Owner itself were the cause of the delays, allowing the penalties to be set aside.

Mission

Preparation of a claim for additional compensation — general account

Objectives

• Contractual analysis and reconstruction of disruptive events
• Delay analysis and financial impacts
• Drafting of the additional-compensation memorandum

Stakes

• Phase 1: 14-day delay on an initial 147 days; Phase 2: 35-day delay on an initial 91 days; Phase 3: 0 days on an initial 112 days
• €8M on a €50M contract

Results

Out-of-court settlement

Mission

Claim for additional compensation

Objectives

• Quantification and presentation of damages
• Assistance with defence and participation in meetings
• Drafting of supplementary memoranda

Stakes

• 49-day delay on an initial 8-month schedule
• €7M on a €51M contract.

Results

To come.