Small Projects

• Home renovations
• Swimming pool construction
• Water & sewerage reticulation
• Home extensions/conversions

Medium Projects

• Town House/cluster developments
• Schools
• Hospitals
• Strip Malls
• Roads

Large Projects

• Highways
• Railways
• Dams
• Hydro Electric Schemes
• Mining infrastructure
• Breweries
• Factories

Mega Projects

• Highrise
• Mixed use developments
• Iconic Sky Scrapers
• Airports
• Harbours
• Power Stations

Conciliation

Conciliation is a voluntary process entered into by the parties in order to resolve differences and is confidential. The Conciliator will meet each of the parties separate from each other in an effort to resolve their differences by lowering tensions, improving communication, exploring possible solutions and ultimately obtaining a negotiated settlement. The parties rarely meet during conciliation in order to avoid unnecessary tension and the Agreements are made through the Conciliator. Agreements reached through Conciliation may not be binding on the parties.

Mediation

Mediation is also a voluntary and confidential process but is more formal with the parties meeting the Mediator in structured meetings that adhere to a timetable. The Mediator will facilitate the meetings and move dialogue away from emotive language and matters that are not relevant to the negotiations thus improving the dialogue between the parties. The Mediator will draw up the agreement reached by the parties.Agreements reached through Mediation may not be binding on the parties.

Adjudication

Adjudication is a legal process similar to Arbitration where the parties meet in the presence of the Adjudicator and present their cases with evidence and oral testimony. The Adjudicator will then make a ruling that is immediately enforceable by law unless overturned by an Arbitration panel. This process can become more involved and intricate than Conciliation or Mediation but has the advantage of an enforceable result that is rarely overturned by Arbitration.

Dispute Adjudication Board (DAB)

Also known as DRB (Dispute Review Board), a DAB (Dispute Adjudication Board) are often required by construction contracts. These DAB’s can be single member or three member boards that are convened at the start of a construction project often before any dispute has arisen. The Board will convene on a regular basis, usually monthly, at the construction site and will be asked to rule on how matters should be settled during the construction process. This has the advantage of settling misunderstandings in the wording or execution of the project before they become fully fledged disputes. The rulings of the DAB are not binding and can be referred to Arbitration for a final and binding decision, however most DAB’s are populated with experienced Adjudicators and Arbitrators so it is unlikely that any ruling would be found wanting at Arbitration.

Arbitration

Many construction contracts include an “Arbitration Clause” requiring disputes to be referred to an Arbitrator or panel of Arbitrators. This clause generally requires that the Arbitration Award be legally binding and enforceable with little or no recourse to appeal or litigation. This procedure is very formal and is generally run along the lines of a court hearing where the parties may be represented by lawyers. This process can be lengthy and expensive although still quicker and cheaper than litigation. The Parties may if they wish submit to a “documents only” Arbitration in which each party commits their case to paper and the Arbitrator will decide the award based on the contents of those documents.

Contractual and Commercial advice from pre-tender stage to final account agreement

Assist in reviewing the forms of contract prior to tender either for the Employer or Contractor and advise on changes to avoid onerous conditions and to maximize the opportunity to avoid disputes in the future. MJW Consulting can also assist in the interpretation of measurement and specification issues to ensure proper payment is made

Preparation of Claims, claim responses and counter-claims

Prepare claims, claim responses and counter-claims in a manner that conforms to the Contractual requirements thus providing your company with the best opportunity for a successful outcome. A well prepared claim, claim response or counter-claim may assist in avoiding Arbitration.

Representation in Contract Negotiations, Arbitration, Adjudication, Mediation

Assist in Contract Negotiations with the advantage ofbeing an impartial third party.

Project Commercial review

Visit your project and review the commercial and contractual documentation and advise on any improvements

Training of staff in Contract Conditions

Train your staff in the interpretation of any particular contract. MJW Consulting can also educate your staff on many of the misunderstandings that exist with respect to construction contracts, whether you be an Engineer, Project Manager or Contractor, and this in turn will minimize disputes.

Drafting of Contracts

Draft construction contracts from the “small works” type of contract for house building and modifications to providing “Special Conditions” for mega-projects.

Independent review of claims, claim responses and counter claims

Review and advise on claims documents that have been submitted or are about to be submitted to minimize the possibility that your company is considered to be submitting spurious claims or counter-claims.

Preparation of ADR submissions (Arbitration, Adjudication etc)

Prepare documents for submission to any of the ADR panels that have jurisdiction over construction disputes. MJW Consulting can also provide an independent review of documents prepared for such submissions and advise on any problematic areas.

Resolution of problems and disputes

Assist with the resolution of problems and disputes to avoid resorting to formal ADR.

Available for appointment as:

Arbitrator, Adjudicator, Mediator or Conciliator including panel member for DAB

Emirates Airline HQ (Dubai)

Sky Towers (Abu Dhabi)

Sadiola Gold Mine (Mali)

Tedzani (Hydro Electric Scheme Malawi)

Monkey Bay to Dedza Road (Malawi)

Axim to Tarkwa Road (Ghana)

Medupi Power Station (South Africa)

Ju’aymah LNG Plant (Saudi Arabia)

Township infrastructure (Botswana)

Doncaster Sewerage treatment works (United Kingdom)

Capital Plaza (Abu Dhabi)

Central Market (Abu Dhabi)

Tarkwa Gold Mine (Ghana)

Harmony Gold Mine (South Africa)

Awir Power Station (Dubai)

Taweelah B Desalination Plant (Abu Dhabi)

Escourt to Frere Highway (South Africa)

Hwange Cooling Tower (Zimbabwe)

American International School (Nigeria)

Itihad Towers (Abu Dhabi)

The Gate Rheem Island (Abu Dhabi)

Sondu-Miriu (Hydro Electric Scheme Kenya)

Aircraft Facility OR Tambo International (South Africa)

Snake Island infrastructure (Nigeria)

Onitsha Brewery (Nigeria)

TEP6 Mobile Network infrastructure (Saudi Arabia)

Duvha Power Station (South Africa)