Contract, Claims, Disputes & Arbitration

Omnio provides expert services on engineering and technical areas of Contract Management, that necessitates for the risk-free execution of contracts in the areas of Civil Engineering. Our specialist team identifies various potential disputes arise due to various changes in scope/specifications, design and construction defects including latent failures from time to time and advice the client to necessitate action in time to mitigate the risks associated with the Contract. We will carry out such services in the areas of Real Estate, Infrastructure, Water supply and Power Plants extensively to safeguard the interest of the clients.

We also act as forensic experts to evaluate suitability of existing structures in areas of Civil engineering, Seismic engineering, and Geo-technical engineering.

Omnio team of technical experts has several years of experience in providing services and working alongside law firms. We have extensive expertise in Real Estate, Infrastructure and Industrial Projects having strong industry knowledge and experience.

Omnio has highly experienced team of project management, process, mechanical, civil, environmental, instrumentation, geo-technical and electrical engineers.

In addition, our independence and objectivity mean we have established a reliable and trustworthy reputation in the provision of this important service. Our team has acted as technical experts in more than 50 arbitrations across the globe in various projects

Representative Experience

Acted as expert witness on behalf of Respondent related to failure of Water supply system, owing to defective equipment supplied and faulty design undertaken by the EPC contractor in a Water supply project. The failure resulted in complete shutdown of the facility leading to production loss and inconvenient to the society at large.
Acted as expert witness in an ICC arbitration related to changes in geo-technical conditions actually encountered at a Power plant project site vis-à-vis that provided in the Contract and if the change was foreseeable for an experienced contractor.
Acted as experts witness in SIAC arbitration related to incorrect specifications resulting in failure of Power Plant in Africa.
Expert Witness services in an ICC arbitration for a building project in India. The dispute was related to incorrect fire alarm system design and construction resulting in delay in the regulatory approval of the building.
Acted as expert related to improper engineering management of a National Expressway project in Middle East resulting in excess engineering manhours being claimed by the Claimant.

Construction Claim Services

Omnio provides construction and engineering claims analysis and expert testimony services. Our experts have a wealth of experience in identifying, analysing, preparing, and presenting claims and disputes on construction and engineering Projects. We quantify damages, prepare full and detailed claim related reports with back up techno-commercial justifications, assess values, prepare formal reports, and provide oral evidence for a wide variety of claims and disputes including breach of contract, extra works, tort and breach of treaty obligations.

Our team members regularly serve as expert witnesses before clients, courts, tribunals, and other decision-making bodies. In these forums, we provide articulate, relevant, and reliable testimony on matters of fact or opinion. Our familiarity with all aspects of the technical matters, contractual issues, litigation, and arbitration process enables us to help clients plan and implement appropriate dispute resolution strategies and increase their profitability.

Following tasks are performed as part of our construction claim services:

Prepare Contractor’s Claims and Owner’s Counter-Claims documents/folders
Undertake assignments from start to end for claim dispute management for contractor/owners
Prepare Detailed Damages Analysis
Claims for specifications/contract deficiencies
Assess Owner’s Responsibility for Direct Cost Issues
Assess Responsibility for Quantity Overruns
Assess Contractor’s Responsibility for Performance Problems
Assess Responsibility for Unresolved Change Order Requests
Allocate Contractor’s Delay Costs
Analyse and Allocate Loss of Productivity Man-hours and Costs
Assess Liquidated/Actual Damages
Undertake discussions with the stakeholders & bring the claim to its conclusive outcome.
Schedule Delay Analysis for allocating culpable and non-culpable delays
Mediation/Tech-legal services

Dispute Management

Omnio’s standard work plan for providing engineering and construction claims analysis and expert testimony services is to use a phased approach. Our task assignments are dependent on the work already performed by our client, the availability of project documentation, the issues in dispute, and the timing of required work products that are defined by the arbitration/litigation schedule. Therefore, we can make any necessary adjustments to our typical work tasks.

The bullet points below summarise the scope of our claim analysis and dispute resolution services.

Requests for Equitable Contract Adjustments/Claims Documents/Experts Reports
Expert Reports Pertaining to our Analysis and Défense Against Claims
CPM Schedule Analyses to Quantify Delay, Time Extension and Liquidated Damages Entitlement
Quantification of Direct and Indirect Damages Including Delay and Loss of Productivity
Graphics and Multimedia Presentation in Support of Negotiations and Expert Testimony
Computerized Document Database and OCR-Based Internet Document Repository and Retrieval System
Expert Testimony in Mediation, India and International Arbitration, Litigation, or ADR Forums
Independent, Third-Party Neutral Analysis of Claims/Facilitation of Settlement.

A team of Omnio professional with in-depth industry experience will evaluate your project’s schedule and identify all possible pitfall in scope, logic, sequence and duration. Our Experts will help sort out critical vs. non-critical activities, evaluate resource loading and perform “What If” and “Time-Window Based” analysis. Omnio’s experts utilise the most sophisticated method for establishing and evaluating schedule conflicts, analysing delays/ acceleration, conducting productivity analysis, auditing costs and determining damages.

We use a unique and successful approach to:

Arbitration

Litigation/Arbitration sometimes becomes necessary to resolve construction, engineering, architectural or materials-related disputes. The engineering and construction disputes often involve complex issues under dispute, which requires expert testimony. We have professional experts have in-depth experience in undertaking expert witness services in international arbitration as per the IBA guidelines. We have been involved as experts in several Indian and international arbitration as independent experts providing expert reports on delay, technical matters, and quantum. Our work as independent expert involves preparation of independent expert reports, rebuttal reports, joint expert reports, schedule etc.

Rebuttal reports may also be required to critique the reports of other experts engaged by the other party. In addition, some arbitrations require that opposing experts meet to attempt to narrow the issues and issue a joint report. Our experts have acted as independent witnesses in several institutional and ad hoc arbitrations and disposed/cross-examined before the tribunals.