Claims Strategy for Bespoke Projects
Since 1993, Phil Kolon has developed and implemented claims strategies for major projects in Canada and the United Kingdom, including highways and bespoke transit projects. In the United Kingdom, Kolon worked with Public Private Partnerships (P3s) for light rail transit (LRT) and hospitals. His wide-ranging experience with claims administration has included: specification of deficiencies for Cut of Walls and highway foundation materials; hydrological and geotechnical claims involving silty sands and rock; and guidance in contractual interpretations of responsibility for third-party consents and utility risk.
PKolonc will assess the facts and the contract to determine the key factors that have caused the project to overrun on schedule and/or cost. A recommendation will be provided with proposals for the claim submission and other resources and experts, should they be necessary.
On acceptance of our recommendation, PKoloncc will produce a claim or contract change submission, which will be reviewed with the client at key stages.
Coronavirus (Covid-19) presented everyone in Canada with unprecedented challenges. As a result, active construction projects and related activities have and continue to experience considerable delay and disruption.
Future schemes may face more significant challenges, including postponement and cancellation, as the government inevitably seek to recover the budgetary cost of the exceptional measures taken to control the spread of Covid-19.
Construction projects have experienced the impact of Covid-19 on the availability of materials and labor in Ontario, both crucial areas of the supply chain. Such deficiencies and their inevitable effects on construction required various contractual actions and remedies.
PKolonCC has proactively assisted key clients in managing the risks posed by Covid-19, especially in the following key areas:
- Supporting client resources on “essential” projects that continued irrespective of the restrictions associated with Covid-19
- Identifying the risks, such as liquidity, unavailability of materials or labour
- Developing risk mitigation plans
- Maintaining accurate documentation and project records
- Identifying and tracking impacts, causes and responsibilities
- Examining key contractual provisions and your options, e.g. clauses that refer to issues beyond the control of the parties
- Preparing Acceleration & Delay Mitigation proposals, including both schedule and financial implications, together with negotiation strategies
PKolonCC embraced the recommendations of the government to control the spread Covid-19 and quickly developed alternative communications to maintain relationships with clients and to minimize the impact on specific projects.
Commercial and Construction Management of Troubled Projects
PKoloncc principals have led commercial management for highways, light rail, hospitals, wastewater treatment, and commercial infrastructure.
Beginning in Scotland with Morrison Construction and Tarmac Construction Ltd, Phil Kolon has been the lead Commercial Director for a number of challenging projects. Having achieved an executive role, Kolon founded PKoloncc and was engaged through Norton Rose Fulbright to support Carillion Canada with highway and subway projects.
Graham Hensby has been leading the commercial function of construction projects, including multi-story buildings, water treatment, and transit infrastructure since the late 1990s. Graham began his career with George Wimpey in the North East of England, Tarmac Construction, and Carillion in the Caribbean, before transferring to Canada with Carillion in 2010.
PKoloncc assists client teams by giving support to key personnel in order to bring about commercial and construction resolution on challenging issues across a wide range of projects. Indeed, if requested PKoloncc can and will take the lead in commercial and construction management.
Project Planning & Scheduling
PKolonCC can not only prepare your project schedule but, if engaged early in the process, have the experience and construction expertise to offer advise on alternative planning strategies. Utilizing industry-wide software systems, we can develop your project schedule, which will include an estimate at completion and critical path analysis. Given the opportunity, PKolonCC will work with and support your project team to monitor project progress and prepare reports that will contemporaneously record project delays, disruption, and productivity impacts. In many cases, your clients will seek advice and help to develop acceleration & delay mitigation plans, and PKolonCC can help develop these proposals, including both schedule and financial implications.
Brentnol Archer has over 17 years of experience in civil engineering, construction, and project management, nine years of which he has practised in Canada and eight years in the Caribbean. He joined the PKolonCC team in 2019 and brings the team his expertise in Project Controls Management; this includes baseline schedule development and management, performance status and reporting, baseline change control, risk management and earned value management.
Administering Construction Adjudication & Arbitration
PKoloncc has administered a number of adjudications and arbitrations in the United Kingdom, both as plaintiff and defendant. Cases included Nottingham Express Transit Line One, South Tees Hospital, and recently, Aberdeen Western Peripheral Route. Experience has taught PKoloncc that the correct questions must be asked in order to obtain a fair result. Judges do not approve of ambush tactics and will enforce strict timetables. A decision in adjudication could be overturned by litigation. But, done correctly, it is usually persuasive and invariably prevails. What this means is that it’s too late to prepare for adjudication after you receive notice! A project that has the potential to go to adjudication requires a team prepared to take it there.
PKoloncc can quickly assess projects with a common sense approach for both adjudication and arbitration. Extensive experience in conjunction with legal counsel means PKoloncc will determine the correct experts for the circumstances. Our construction experience is then used to assist legal counsel, or indeed PKoloncc ourselves, in presenting persuasive arguments to the adjudicator or arbiter.
Alternative Dispute Resolution by Mediation and Third-Party Recommendation
PKoloncc has administered a number of mediations and third-party recommendations in Canada and the United Kingdom, both as plaintiff and defendant. These have included TTC Vaughan Subway Station, various MTO highway projects, Highways England projects, and a variety of other infrastructure throughout the United Kingdom.
Experience has taught PKoloncc that you must expect all possible scenarios and anticipate curve balls from across the table. Be prepared to keep your arguments simple with logical assertion of the facts in support of your position. Mediation or third-party determination, which may not be binding, hopefully brings about a resolution. But these are also proving grounds in which to ascertain the strengths and weaknesses of your position.
PKoloncc assists clients in preparing and presenting their position to a mediator or third party, determining the most effective way to present persuasive arguments, and bringing about a satisfying resolution.
Resolution of Complex Construction Issues
Due to Phil Kolon’s civil engineering background, for the last fifteen years he has also led construction teams in the conclusion of troubled projects in the role of Project Director. This has included re-engineering sections of the Nottingham Tram Light Rail system to achieve specified noise and vibration criteria and also revising inadequate and incomplete design for the structure and finishes of the TTC Vaughan Subway Station.
PKoloncc recognises the need to engage face-to-face in resolving challenging technical issues and that the solutions are not always found at home but in the global market.
PKoloncc will assist clients in understanding and resolving technical issues with an approach that engages with the sub-trades and ultimate clients to bring about resolution.