A third-party independent assessment is a non-binding technical appraisal of matters in dispute. Its aim is to help the parties reach an amicable settlement without having to resort to formal dispute proceedings.
How we can help
Third-party independent assessment services tend to be provided as an ex-contractual process, where HKA is appointed at the agreement of both parties to carry out an independent assessment of their dispute.
Given a copy of the contract and the details of claims, and access to project records and key staff, we gain a full understanding of the contractual framework and the events and issues that have arisen on your project.
Based on all the project information made available, our specialists perform a detailed analysis of the contract and factual matrix surrounding each event and issue, and also carry out our own delay analysis and quantum evaluation to establish the contractual entitlements of the parties.
Upon completion, we present findings and conclusions to both parties, facilitate negotiations, and draft the settlement agreement.
Independent Facilitation
HKA offers facilitation to avoid the time and cost of lengthy legal proceedings. Our approach is to provide independent input into working sessions with all relevant parties to the contract. HKA’s expert understanding of technical, time and money issues, coupled with extensive dispute resolution skills and experience, gives us an ideal framework for resolving disputes that we tailor to the circumstances of your project.
Expertise and Capabilities
Our people have accumulated hundreds of years’ combined experience – resolving disputes (through adjudication, arbitration and mediation), providing expert determination and advisory services, and assessing quantum, delay and commercial damages. Their multi-discipline technical capabilities are complemented by soft skills, enabling them to identify and fashion practical solutions while working closely with the parties as impartial facilitators.
This approach proves effective across construction and infrastructure programmes, and territories. We bring this experience to bear, whatever the procurement, commercial and delivery arrangements, or scale of operation – from simple projects through to complex programmes involving multiple tiers of the supply chain.
Our overarching aim is to help employers and contractors facing intractable situations find a solution that is palatable to all parties and practicable. An experienced team combining expertise in commercial management, quantum, and delay with objective facilitation skills is best placed to achieve this.
