Case Study: Examining tender and providing photographic evidence

Background

Our client was one of the key contractors working on a project to build a new performing arts centre at a school in the South of England. The project was almost a year over schedule and the lack of progress by the main contractor had left the building without a roof and the building was flooded several times during the Winter. In addition, changes to the specifications during the building programme caused further delays for our client. We worked as part of the legal and commercial management team hired to help our client take action against the main contractor.

Our Role

We were hired to use our detailed knowledge and experience of construction disputes and claims to examine Tender documents and subsequent As-Built documents for a large-scale building project. Our task was to find and present photographic evidence which proved that delays and problems were due to the lack of progress by the main contractor and other sub-contractors.

How We Helped

  • Reviewed and analysed the Tender and As-Built programme documents
  • Reviewed the layout drawings for all floors of the building
  • Downloaded over 3,000 site photographs and analysed them on a floor by floor basis, recording pictures that showed disruption to our client’s works, and evidenced the general lack of progress by the main contractor and other trades.
  • Created a Scott Schedule to record every photograph used to support the claim. Each photo was documented by area and floor, the Programme reference, start and completion dates, the date the photograph was taken, and explanations for the delays shown in each photograph, along with details of our client’s programmed completion date
  • Each Scott Schedule entry was identified by colour and numerically per area, and mapped on copies of the layout drawings to give a pictorial representation of the areas affected by the delays
  • We were asked to create a synopsis of the delays and disruption for each area, based on the photographic evidence we discovered.

Our Client Says

Photographic evidence is often critical in construction disputes and claims. Examining over 3,000 photographs and identifying which ones would provide the strongest evidence to support our claim had to be done by someone with a detailed knowledge of construction documents and disputes. Emerald Business Bureau have the skills, knowledge and construction experience to support the work of any legal and commercial management dispute experts. Emma’s eye for detail and organisational skills helped us to present robust sound evidence and I’m delighted to say that our claims were successful.
PG, mechanical and electrical dispute specialist