References

Context

Pour le Client Maître d’Ouvrage, dans le cadre d’un litige avec le Constructeur d’un projet clé en main en Afrique du Nord, pour la mise en place d’unités de traitement des pollutions de deux usines en production : élaboration d’une analyse délais, établissement du Quantum comprenant l’analyse des demandes de rémunération complémentaires du Constructeur (environ 23 M€) et l’élaboration de la contre-réclamation du Client ;

Mission

Disputes & Arbitration

Objectives

• Delay analysis according to the As Planned versus As Built Windows Analysis’ method;
• Independent critical review of the Contractor’s claims;
• Assessment of Quantum and damages suffered by the Client;

Stakes

• Turnkey design and build contract worth €46.8M excl. tax to renovate operational industrial units;
• Delays between 2 and 14 months depending on the production unit, for an initial one-year schedule;
• Contractor’s claim of 23 M€ excl. tax.

Result

ARGOS’ reports enabled the Client to find an amicable settlement

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

A company specialising in electrical works (high and low current), Heating, Ventilation and Air Conditioning (HVAC), electrical and climate engineering maintenance, and fire protection — primarily for private clients (commercial, industrial and residential real estate) — entered into court-supervised rehabilitation proceedings with an asset disposal plan.
The company's assets were transferred and the company was subsequently liquidated.
Argos Construction intervened (i) in the context of the asset transfer, by carrying out a cut-off assessment of the works executed by the transferred entity, and (ii) in the context of the liquidation, by settling the accounts of outstanding contracts.

Mission

E.g.: Restructuring

Objectives

• Carry out a cut-off assessment;
• Conduct site surveys to determine the progress of works executed by the liquidated entity;
• Analyse any disputes raised by clients and proof of debt filings;
• Review or establish final accounts with subcontractors;
• Review accounts relating to receivables financing, repayment of advance payment guarantees and interim payment retentions;
• Obtain releases of any outstanding bonds and guarantees.

Stakes

• Total accounts receivable: €4.1M

Result

Amount recovered: €3.2M

Context

Numerous changes during design had generated a significant volume of additional studies, but the client felt the impact was confined to the detailed-design phase. Argos Construction's analysis demonstrated that the main impact was on the preliminary-design phase, justifying the full cost overruns and securing €1.2M of additional compensation on a €2.8M contract.

Mission

Claim for additional compensation — changes to the specifications

Objectives

• Impact of changes on preliminary studies
• Review and complement of cost-overrun pricing

Stakes

• 6-month extension of the preliminary design studies
• €1.2M of additional compensation on a €2.8M contract

Result

Settlement formalised by amendment for €1.2M

Context

Six months after the earthworks began, daily site tensions were preventing the team from calmly grasping the limits of the lump-sum contract. The factual status report drawn up by Argos Construction refocused energy on the high-stake issues and revitalised contract management, leading to a settlement on the claim for additional compensation.

Mission

Preparation of a claim for additional compensation

Objectives

• Contractual analysis and status report
• Determination of entitlement to time extension
• Drafting of the claim for additional compensation

Stakes

• Formalisation of the time entitlement "consumed" by the events and their consequences known as of 18 July 2016: 2.4 weeks
• €1,359,569 (excl. tax) overrun versus the initial budget

Result

Claim for additional compensation finalised as of 18 July 2016

Context

Faced with major subcontracting issues, Argos Construction proposed a method for assessing the major ongoing projects across all branches, accelerating entry into receivership. Technical assistance during the sale plan then enabled the closure of the remaining unsettled matters.

Mission

Diagnostic and steering during receivership

Objectives

• Diagnostic and review of ongoing matters
• Handling of claims and validation of bank facilities
• Dispute management and works-stoppage closures

Stakes

• €55M, 450 employees

Mission

Limited external opinion for the Architect

Objectives

• Analysis of changes and disruptions per contract
• Summary note on schedule and financial impacts

Stakes

• 14-month delay on an initial 22-month schedule
• €60.1M (eq.) on a €57.4M (eq.) contract.

Result

To come.

Objectives

• Analysis of the impact of changes and disruptions on execution
• Defects analysis and presentation of technical solutions

Stakes

• €3.9M on a €3.7M contract.

Result

Amicable negotiation.