References

Context

Dans le cadre d’un arbitrage CCI, pour un groupement d’entreprises françaises titulaire de plusieurs contrats de travaux pour la construction d’infrastructures routières et de complexes omnisports en Afrique, dont le montant total des marchés objets du litige s’élève à 57 M€., la réalisation d’une expertise sur le Quantum présentant un montant d’environ 32 M€ et l’analyse de la demande reconventionnelle de la partie adverse.

Mission

Disputes & Arbitration

Objectives

• Review and analysis of procedural documents (invoices, statements of account, general ledger, transfer orders);
• Assessment of Quantum of the outstanding payments and damages suffered;
• Analysis of and responses to the opposing party's expert reports;
• Hearings’ participation.

Stakes

• High volume of contracts (100 contracts and purchase orders) across three distinct projects;
• Total outstanding payments of 24,7M€ eq;
• Total moratory and compensatory interest of 31,5 M€.

Results

NA

Context

Engaged to audit the contractual management database of a tramway project already showing 18% cost overruns and delays threatening penalties, Argos Construction exposed process and methodology weaknesses. By demonstrating that the contractor was not solely responsible for the delays, penalties were avoided and a claim for additional compensation could even be presented.

Mission

Audit of the contract information system

Objectives

• Analysis of contract documents and information sources
• Review of pricing and claim topics
• Status report with recommendations

Stakes

• Justification of cost overruns of €6M on a €34M contract

Results

Team awareness raised; tools improved and rolled out for tracking disruptions, enabling a claim for additional compensation

Context

Brought in on a project already running twelve months late, Argos Construction established a clear view of the situation and prepared the elements of the claim, leading to financial compensation awarded by the court. The case illustrates what proactive contract management and the right tools could have prevented.

Mission

Contractual analysis and claim

Objectives

• Analysis of contract documents and the technical file
• Review of pricing and assistance with drafting the claim memorandum
• Assistance with defending the claim

Stakes

• 390 days of time extension on an initial 22-month schedule
• €174,940 on a €1.9M contract

Mission

Review of compensation claims — water main (ICC arbitration)

Objectives

• Delay analysis per structure and quantum of cost overruns
• Drafting and presentation of the memorandum
• Participation in arbitral hearings (ICC)

Stakes

• Delay of 19.3 months on an initial 27-month schedule
• €128M on a €108M contract

Results

To come.

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.

Results

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

Results

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