Introduction to RBD: Construction claims consultants
Resolution by Design (RBD) are highly experienced construction claims consultants specialising in resolving disputes arising within the construction industry. RBD provides services to suppliers, subcontractors, consultants, contractors, employers and owners in both the public and private sectors. We will advise and assist with a wide range of issues regarding contract terms, changes/variations, delay, money and quality both before, during and after the construction process.
Much of our work concerns giving advice on discreet issues, however RBD provides dispute resolution services including advice and conduct of negotiations, claims, adjudications, arbitrations and litigation support.
Andrew Rainsberry is Founder and Managing Director of Resolution by Design Limited. Andrew has over 30 years’ experience in the construction and engineering industry and is a Fellow of the Institution of Civil Engineers, the Chartered Institute of Arbitrators and Chartered Institute of Builders; he was called to the bar of England and Wales in 2001. Andrew has been involved in the construction and/or design of a wide range of building and civil engineering, including: industrial, commercial and retail construction projects; roads; water treatment and petrochemical plants.
Andrew has over 20 years’ experience of dispute resolution in both between parties and before tribunals including matters involving delays, extension of time, disruption / loss of productivity, prolongation / loss and expense, liquidated damages / delay damages and variations on all of the above types of construction project. He has had responsibility for several hundred adjudications and arbitrations of which he has conducted over 100 himself. He has also provided expert witness evidence both written and before various tribunals in delay, disruption and money disputes.
Procurement and precontract
Advice on procurement strategies, type of contract and amendments to standard forms of contract and the terms in bespoke contracts.
Precontract advice on amendments to contracts made by others and risk associated with contract amendments.
Contract administration and advice
Advice on the financial control of projects from the outset of contract until the conclusion of the final account.
Advice on the planning and programming of the design and construction of works.
Project monitoring in which the client receives real-time reporting of the progress of the design and construction of the works against programme and contract. This includes the identification of causes of delay – which can allow the client to give notice of delay and mitigate the effect of delays on the completion of the works.
Staff resourcing; additional staff resource can be supplied to cover short term or long term need.
Contract and post contract advice
Advice: advice on points of difference or dispute in order to allow for negotiation and early resolution.
Claims: advice and preparation of claims as permitted under most forms of contract (or outside the contract). Claims are most often brought for delay, disruption, changes and other matters of quantum. Assistance from clients is welcome and can make claims more economic to bring. Advice in defence of claims is of course also available.
Adjudication: RBD has extensive experience in both referring and defending adjudication proceedings. We are able to obtain expert reports concerning time, money and quality and appropriate; if necessary, we are also able to obtain the Opinion of Leading Counsel on questions of law.
Arbitration: RBD has extensive experience in the conduct of arbitrations as well as assisting with the enforcement of awards arising from same.
Litigation support: although we do not act in the courts, we are able to assist in litigation proceedings, for example in the enforcement of adjudicator’s decisions.
Expert witness reporting: we have provided expert reports and have been cross examined on the matters of delay and disruption before various tribunals.
Feedback / Lectures
We are able to provide lectures on matters which are relevant to construction, such as the law of contract or the operation of a contract. We are also able to design lectures to address issues which are of specific concern to clients, such as how to keep and use site records for claims purposes. Such lectures can utilise client’s past or ongoing contracts as case studies.
For a pre-agreed annual fee, we will be able to respond at short notice to contractual issues a client might have. This is useful if for example a meeting between contracting parties is imminent and advice on the issues to be discussed is needed quickly. Any surplus fee can be used to report back on the issues dealt with during the preceding period and or giving seminars on same. Such feedback should reduce the chances of these issues repeating themselves in future.
RBD has extensive experience supplying services to the building industry and has worked with public and private sector employers, main contractors and subcontractors on both new build and refurbishment projects in all sectors of the construction industry, including the following:
RBD has worked with clients including everything from extensions to domestic housing, to hotels, leisure centres, commercial and office buildings.
This has included work on pipeline, bridge, road, rail, airport and marine projects. Such projects have included assessing delays on several pipeline projects which were being constructed simultaneously and the installation of multiple communications systems into a new airport terminal.
Mechanical, Electrical and Power Engineering
RBD has worked with employers, main contractors and subcontractors on projects as varied as the refurbishment of mechanical and electrical services in a partially occupied building, the design and construction of energy centres and associated infrastructure, an ethanol refinery and the construction of production lines for the food and drinks industry.
This was a local authority bridge project which came into delay. An analysis of the programme, utilising contemporaneous progress information [...]