Dispute Resolution
Nationally accredited mediator with specialist construction industry expertise. Mediation services for building, engineering and infrastructure disputes.
Construction Mediation
Expert Services International provides mediation services for construction and infrastructure disputes. Our mediator is nationally accredited and brings to each engagement the technical understanding necessary to facilitate meaningful settlement discussions between parties in building and engineering disputes.
Construction disputes frequently involve complex technical and commercial issues — programme analysis, variations, defective work, cost overruns and contractual entitlements. A mediator with direct industry experience is better placed to identify the core issues, test the parties' positions and facilitate outcomes that reflect the underlying merits of the dispute.
We accept appointments as mediator by agreement of the parties, by nomination from appointing bodies, and by direction of courts and tribunals. Our mediation services are available across Australia and internationally.
Areas of Practice
We mediate across the full range of construction and infrastructure disputes, including those involving multiple parties and complex technical issues.
Disputes arising from progress payment claims, variations, provisional sums, and the valuation of work under the contract.
Claims for extensions of time, prolongation costs, delay damages and liquidated damages, including disputes involving concurrent delay.
Disputes concerning alleged defective work, the scope and cost of rectification, and the appropriate measure of damages for defective construction.
Disputes arising from the administration of construction contracts, including claims for wrongful termination, repudiation and breach of contract.
Complex disputes involving multiple parties across the contractual chain, including head contractors, subcontractors, consultants and principals.
Approach
Our approach to mediation is facilitative, with an emphasis on assisting the parties to identify the real issues in dispute and to evaluate the strengths and risks of their respective positions. In construction mediations, we draw on our technical understanding of the subject matter to ensure that discussions are grounded in a realistic assessment of the issues.
We conduct mediations in person and remotely, and are experienced in managing multi-day mediations involving complex documentation and multiple parties. Pre-mediation conferences are offered to establish the procedural framework and to identify whether preliminary technical issues should be addressed before the mediation session.
Credentials
Our principal is a nationally accredited mediator and holds Fellowships of the RICS, CIArb, CIOB and Resolution Institute, together with qualifications in construction, quantity surveying and management, and a Master of Laws in International Commercial Law. He chairs a number of dispute resolution and expert witness committees and serves as Chairman of the Construction Arbitration Centre (Asia Pacific).
For a full profile, refer to Neil Kirkpatrick — Principal.
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