November 18, 2020
Large-scale major project litigation typically involves (and requires) the expertise of multiple disciplines to prepare a robust and comprehensive claim or response document. Considered inputs are generally sought from forensic planners, quantity surveyors, technical experts, commercial advisors, and legal. Successful dispute preparation requires the collaboration and expertise of all parties, rather than the complete control by one.
On occasion, the lawyers are involved in a major project dispute first, and other times, the claims consultants are first involved, and the lawyers are joined. Some in the industry would say that the legal team’s arrival on a matter results in a complete takeover of control, others have observed a Legal Senior Associate (with zero years of forensic planning experience) advising a forensic planner where the ‘critical path’ lies.
A complete ‘takeover’ by a legal team is not an effective way to manage a major project dispute or litigation. Expertise in key areas (forensic planning, quantity surveying, technical, and commercial) may be interrogated by legal, but the opinions formed are for the experts themselves to determine. Ultimately, all parties are engaged by the client for their expertise, and collaboration on all levels is crucial in the facilitation of large-scale disputes. The client should experience collaboration amongst its team, not conflict.
Lamont Project & Construction Lawyers
Our process in major project litigation is similar to a cabinet ministry – after points of expertise have been input into a claim or response document, the output can be considered by the ‘cabinet’ as a whole to ensure the legal and technical positions are interrelated, and a collaborative and coherent position is produced for the client.
Having worked with a portfolio of claims consultants, Lamont Project & Construction Lawyers enjoys healthy relationships with both domestic and international claims consultants, and have embraced the collaboration process in large-scale major project disputes.
If you would like to discuss any matters raised in the above article as it relates to your specific circumstances, please contact Lamont Project & Construction Lawyers.
The content of this article is for information purposes only; it does not discuss every important topic or matter of law, and it is not to be relied upon as legal advice. Specialist advice should be sought regarding your specific circumstances.
Contact: Peter Lamont
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Direct: 07 3248 8503 Mobile: 0408 028 495
Address: Suite 1, Level 1, 349 Coronation Drive, Milton Qld 4064
Postal Address: PO Box 1133, Milton Qld 4064