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RODAIR CONSULTANTS

Commercial and Claims Support to the Construction Industry

Project experience

35 years working in the Commercial field of the Construction Industry

Power Projects (Thermal & Solar), Philippines

Commercial & Claims support in the Project Development Team for a major power player in the Philippines.

Metro, Sydney

Commercial support, preparation of notices, claims and correspondence

Integrated Casino Resort, Philippines

Commercial Director with oversight of all commercial issues including claims and insurance claims

Expressway, Philippines

Commercial Manager for main contractor on major infrastructure project; oversee all commercial issues; Dispute manager on project arbitration held in Hong Kong.

Express Rail Link, Hong Kong

Claim preparation & submission on drill & blast tunneling project

Cable Stay Bridge, Hong Kong

Preparation of claim documentation

Office Developments, Sydney

Commercial support

Gold Mines, Philippines

Insurance claims for typhoon damage

Petrochemical plant, New Zealand

Preparation of claims for M&E subcontractor

Onshore/ Offshore Pipelines, Indonesia

Commercial support, notices, and claims

M&E Contractor Melbourne

Commercial advice

Airport Railway, Hong Kong

Valuation of variations and participation in mediation leading to settlement

KEY SKILLS

Claims support

Identification, preparation and defence of Claims

RODAIR can provide support in either advancing or defending a Claim and are experienced in:

Claim identification including guidance on “Heads of Claim”; Research and review of project documents, Formulation of delay & disruption, extensions of time, loss and expense, & counter claims; Calculation of prolongation costs, acceleration costs. finance charges.

Preparation of comprehensive and detailed particulars supported by clear diagrams, charts and photographs/ videos.
Claims for adverse ground conditions based on differing site condition clauses and Geotechnical Baseline Reports (GBR).

Measurement claims, including claims for omitted items and substantial increases or decreases in quantities.

Advice on validity and deduction of Liquidated Damages, Letters of Credit/ Bonds and, from our personal experience, the potential repercussions of calling on LC/Bonds

Forensic review of the Contract to identify potential issues/ missing items.
Construction insurance claims, arising out of Contractor's All Risk Insurance (CARI) and Professional Indemnity (PI) Insurance policies.
Valuation of Variations/ Change Orders.
KEY SKILLS

Contract Administration

RODAIR has years of experience in drafting contract documentation, including special conditions of contract, sub-contracts, checking contract documents and advising on suitability.

Preparation of bonds and supplemental agreements.

RODAIR is skilled in the preparation of commercial correspondence between all parties: all letters are bespoke and must be written to the issue at hand.

Many contracts include time bars. Notices must be given in a timely manner. RODAIR can properly administer and provide advice on notices to be made under the Contract.

Guidance on administration of main contracts and sub-contracts generally throughout the project.

KEY SKILLS

Contract advice & analysis

Construction Projects, due to their inherently complex nature, generate a huge number of issues which must all be tracked and managed.

RODAIR’s Commercial background in the Construction & Engineering fields is key in identifying issues.

RODAIR can offer advice on Contract and Dispute Strategy, from advice on the Contractual, Technical and Legal merits of issues to broad advice on the strategy for resolving disputes and accounts.

RODAIR has specific expertise in:

Pre- and post-contract reviews for including establishing procedures for keeping records, tracking changes and notifying claims

Interpretation of contract provisions

Don’t rush to the Lawyer, RODAIR offers a more cost effective and practical solution with real world experience!

KEY SKILLS

Arbitration support

With the best will in the world disputes are often unavoidable on large complex construction projects.

RODAIR is qualified in Arbitration and has experienced several Arbitrations first-hand.

Don’t let the Legal fraternity hijack the proceedings and turn your dispute into a legal cash cow. RODAIR can advise on the most cost-effective form of dispute resolution, for example no need for a “full blown” Arbitration when a scaled-down documents only Arbitration would suffice. RODAIR can assist with:

Choosing the most appropriate dispute resolution process and the way forward.
Advice on format of dispute resolution: e.g. Arbitration, Mediation, Expert Determination or Adjudication.
Preparation of position papers and presentations for use in DRA, mediation and adjudication proceedings.

During an Arbitration: Preparation of notices, pleadings, reports, witness statements and further and better particulars. Support to lawyers and experts, discovery.

During an Adjudication: Preparation of notices, presentation of the claim or counterclaim & representing a party during the adjudication process.
KEY SKILLS

Insurance claims & insurance evaluation

RODAIR can prepare Insurance Claims and can also carry out the role of insurance evaluator.

This includes working with insurance companies and underwriters giving accurate estimates regarding the scope of work required and budget.

ABOUT ME

RODAIR

Rod has 35 years of professional experience in Construction with a focus on Commercial Management, Contract Administration, Claims and Dispute Management. He has worked on both the Contractor and Client side and been involved in large high-profile projects in Australia, Hong Kong, Philippines, and Indonesia.

Rod’s areas of experience include Infrastructure (Highways, railways, tunnels, airport, pipelines); Power Generation (Thermal and solar); and Commercial (High-rise, casino integrated resort). He is experienced across the whole commercial process including Feasibility Studies, Estimating, Procurement, Contract Administration, Claims Analysis, Claims Preparation/Rebuttal, Dispute Resolution and Arbitration