Our breadth of construction delay claim analysis experience and expertise is shown in the following examples of projects on which RCP has provided delay claim advisory services:
International Terminal Expansion, Brisbane Airport
RCP was engaged by Brisbane Airport Corporation in 2005 to provide programming advice prior to the appointment of the managing contractor as well as a progress audit role following the engagement of the managing contractor. RCP carried out monthly progress updates in conjunction with the managing contractor and agreed the overall project status. Towards the end of the project, the managing contractor issued a claim under the Qld Building Construction Industry Payments Act which included delay costs. RCP was able to successfully defend the extension of time claims using the progress records that had accumulated during the project, demonstrating that the claims made did not impact the critical path at the time of the delay.
Canelands Shopping Centre, Mackay
Caneland Central is the largest shopping centre in the Mackay region, located in the city centre and servicing the local region since 1974. The centre contains 230 stores together with a Myer, Target, Big W, Woolworths, Coles, JB Hi Fi and Best & Less. Owned and managed by Lend Lease, the centre underwent a $210m redevelopment that included the addition of the Myer and Coles stores, 120 new specialty retailers, a 750 seat food court, an alfresco dining precinct and additional car parking – growing the centre from 39,000m2 to 62,500m2. The contractor, submitted four extension of time claims based on the effect of cyclones Anthony and Yasi on the program due to flooding and materials shortage. Lend Lease engaged RCP to assess these claims and assist in the discussions that enabled Lend Lease to reach agreement.
Westpoint Shopping Centre, Sydney
RCP was engaged by Queensland Investment Corporation (QIC) to provide independent programme monitoring, extension of time assessment and Project Programming consultancy services on the expansion and refurbishment of the Westpoint Shopping Centre in Blacktown, NSW. Works included the re-routing of major services around the site, reconfiguration of the surrounding road network, construction of a major bus tunnel and station beneath the centre, an additional four level 50,000m2 extension and refurbishment of the existing centre. The new extension provides three levels of shopping with an entertainment and leisure precinct on the fourth level. The redeveloped shopping centre now includes major retailers such as Myer, Big W, Target, JB Hi-fi, Dick Smith and supermarkets Coles, Franklins and Woolworths and over 250 unique specialty stores.
QUT Science, Technology & Community Hub, Brisbane
In 2009 QUT began the development of a Science and Technology Precinct and a Community Hub at the Gardens Point campus in Brisbane’s CBD. The construction site comprised four existing buildings built in the 1960’s and no longer able to meet future requirements. The existing site area and facilities were well utilized by the university and the new precinct therefore required extensive planning and staging to ensure operational requirements were not compromised while the works were carried out.In the early stages of the project, construction was hampered by a number of factors including over 30 days of inclement weather, site closure due to the Brisbane floods and the existence of soil contamination slowing excavation and removal from site. Although QUT had received advice on the program delay matter previously, they sought a second opinion from RCP to obtain a resolution between the university and the contractor. In February 2011, RCP was appointed by QUT to carry out an independent review of the extension of time claim made by the contractor with regard to delays incurred during the construction phase. RCP’s delay claim advice enabled the matter to be finalized. The construction project was completed in 2012.
Mint Apartments, Townsville
Engaged by Honeycombes to provide a report on the contractors programme to completion, RCP provided advice regarding a number of extension of time claims. The contractor was claiming that late decisions on materials by the Principal were delaying the project. RCP was later requested to provide delay claim support following the completion of the project and attended a number of mediation meetings in order to reach agreement on the extension of time claim disputes.
Hong Kong Airport Terminal Building, Hong Kong
The building is one of the largest airport terminal buildings in the world housing some 550,000m2 of space, with 48 aircraft loading bridges and a capacity of 35 million passengers per annum. RCP’s services included programme analysis and claims assessment to assist in negotiating a major contractual claim on completion of the project. The new Hong Kong International Airport Terminal Building was one of the major projects of the US$20b Hong Kong Airport Core Programme undertaken between 1993 and 1998.
Kerevat Bridge, East New Britain Province, PNG
Construction of Kerevat Bridge in East New Britain Provence was completed in 2007 for the Independent State of Papua New Guinea. RCP were appointed to provide specialist delay claim advisory services by Covey Associates, who had been engaged as Structural Engineers throughout the duration of the project.
A detailed review of the relevant documentation for the project was carried out which included drawings, specifications, conditions of contract and the interchange of claimant and respondent reports on delays.
In the absence of regular progress updates which would have allowed a time impact analysis to be carried out, it was necessary for RCP to obtain the necessary information from the various record information provided to produce an ‘as built’ programme. The as built programme was used in our Extension of Time assessment to clearly demonstrate entitlement. In conjunction with this programme a detailed report was produced which both answered the respondents specialist programme commentary, and also provided advice as to the most appropriate method of analysis for a delay claim of this type.
Toowoomba Airport, Toowoomba Regional Council
RCP was engaged by the Toowoomba Regional Council, who own and manage the Toowoomba Airport, to review a number of extension of time claims made by the contractor and act as facilitator to achieve resolution between the parties. The contractor had disputed a number of extension of time claim rejections and both parties agreed to an independent review and facilitation of discussions by RCP. For this exercise it necessary for RCP to undertake a thorough review of the dispute documentation and consider the views of both parties from an independent viewpoint. A meeting was then held between the parties and their legal representatives with RCP acting as facilitator in order to achieve resolution. Following the meeting we understand that an agreement was reached to the satisfaction of both sides.