Tomorrow will be too Late

Get ALL your Ducks in a Row Today!

Which means: Taking care of all the details and to not overlooking anything that might jeopardize the desired outcome of an enterprise.

Which means: You are someone who does not leave something to chance and has the foresight to plan ahead and cover all bases.

Which means: Today’s lessons are well-learned, then tomorrow’s tasks will be a triumph.

Which means: You are a construction attorney, a client, or an expert!

The good news is today is always now and tomorrow is always another today. In theory time is on our side.?Take advantage of today to get those ducks (with all due respect):?developers, owners, designers, constructors, insurers, agencies, counsel, and consultants – in-line, in rhythm, in harmony, in order, indeed – realizing that building today is their legacy for tomorrow.

Hill International’s Construction Claims and Advisory Services will be in Memphis helping to build the next generation of projects successfully, while respecting the lessons we learn from the past. In short, let’s get all your ducks in a row, and you too will rock & roll. ?

IT’S NOW OR NEVER, John A. Gibson

I would wager that virtually every construction attorney and claims consultant practitioner has come across a client who did not strictly comply with their contract’s delay and claim notice provisions. Contractors commonly fear being seen as “too contractual” or “claim orientated.” But this approach often leads to a lapse in providing bad news. This in turns leaves lawyers and consultants spending many an hour wading through weekly meeting minutes and monthly reports looking for sentence fragments that might be glued together to form a delay or claim notice.

Many of us have become accustomed to an often-relaxed approach to compliance with notice requirements; some form of actual notice and a lack of any real prejudice to the owner arguably satisfying the underlying policy objectives and trumping the owner’s right to expect strict compliance. It often works. But not always.?

Contractor clients accustomed to skirting notice requirements should be awake to the many situations across the sector spectrum where this will not be the case. For example, in Virginia, meeting minutes will not be accepted as a substitute for a notice of claim under state contracts subject to VA Code § 33.1-386 Commonwealth v. AMEC Civil, LLC, 280 Va. 396, 397 (Va. 2010). And parties to a FIDIC contract for work internationally should take note of the 2017 form’s strict notice requirements (including the requirement to give notice of an event that will or may delay completion), applicable to contractor and owner claims alike, which are a condition precedent to entitlement.?

All of this to say, when it comes to delay and claims notices, IT’S NOW OR NEVER . . . MAYBE.

JOHN A GIBSON

John A. Gibson has more than 34 years of experience in construction claims, risk management analysis, and arbitration support in the United States, United Kingdom, United Arab Emirates, Saudi Arabia, Malaysia, Singapore, and Qatar. John has drafted and negotiated numerous claims on mega-projects throughout U.S., Middle East, and Asia, providing him with invaluable experience in international contract forms and U.S. regulations. He has been involved in all phases of arbitration including drafting pleadings, taking witness statements, document production, conducting witness examinations and drafting settlement agreements, and preparing applications for interim measures and enforcement actions under the New York Convention and relevant national laws. He has also been involved in Chapter 11 and Chapter 7 proceedings, as well as multi-district securities litigation under 1934 Act and other litigation.

Internationally, John has been involved in construction and trade disputes arbitration, including arbitration under the rules of the ICC, China International Economic and Trade Arbitration Commission, Hong Kong International Arbitration Centre, Thai Arbitration Institute, Kuala Lumpur Regional Centre for Arbitration, Singapore International Arbitration Centre, Dubai International Arbitration Center, and Cairo Regional Centre for International Commercial Arbitration.

HILL INTERNATIONAL, INC.

Redefining The Industry Standards

Over the last 45 years, we have built our company in the same way we deliver projects for our clients—by building trusted relationships and setting the industry standard for quality service. Our sole purpose is protecting our clients’ interests, managing any potential risk, and delivering projects on time and within budget. To achieve this goal, we’ve assembled a world-class team of technical experts across every market— buildings, transportation, environmental, energy, and industrial. Our award-winning team applies their industry-leading expertise to deliver the best outcome for our clients. We consistently exceed our clients’ definition of quality and help them deliver positive change across the world, one project at a time.

CLAIMS AND ADVISORY SERVICES

Hill International: The global leader in managing construction risk

Hill International was founded as a construction claims firm in 1976. Since the inception of our company, we have focused exclusively on managing owner risk. We bring to our dispute resolution, construction consulting, and advisory services the best practices and lessons learned of nearly 50 years of experience in identifying risks and addressing them before they can impact project progress. From concept to completion, our multi-disciplined experts add value to your program or project

With our emphasis on protecting our clients from project risk, Hill has developed a reputation for our innovative approaches to preventing and resolving construction claims to the satisfaction of our clients. We offer public and private clients a full spectrum of claims consulting services, including litigation support, adjudication, arbitration, expert witness testimony, cost and damages assessment, delay and disruption analysis, lender advisory, risk management, forensic accounting, fraud investigation, construction advisory, and international arbitration.

Our claims consulting staff includes Certified Public Accountants, Attorneys, Certified Fraud Examiners, and Certified Cost Consultants, Certified Cost Engineers, Professional Engineers, Certified Construction Managers, Planning and Scheduling Professionals, Certified Cost Estimators, and other industry-recognized subject matter experts. Unlike single-purpose firms, this technical depth and breadth gives Hill the ability to address any conceivable claims consulting need. To date, Hill has helped our clients resolve more than 50,000 claims and disputes valued at more than $100 billion.

SOUND ADVICE

• A little less fight
• A little more spark
• Close your mouth
• Open your heart ~ Elvis Presley

AND . . .

• Dive into life
• Enjoy a good swim
• Let troubles roll off your back
• Take time to preen
• Look beneath the surface
• Shake your tail feathers
• Don’t quack up ~ Duck Duck

?www.hillintl.com

For Additional Information Amy Phillips