Claim Consultancy

Being a multi-pipeline service provider in the industry, VERITAS Contracts Sdn Bhd is supported by a team of experienced and knowledgeable consultants with quantity surveying, engineering and legal backgrounds, in all aspects of local and international projects.

Alternative Dispute Resolutions and litigation of construction cases are usually complex and confusing. Construction drawings and documents more often than not can be used to both challenge and prove the same point. At the same time, legal practitioners generally face difficulties in deciphering construction drawings and documents, albeit supporting documents in plain sight and can be used to turn the outcome of cases when utilized effectively.

On the other hand, Contractors often face the struggle to explain construction issues to their lawyers. Legal practitioners often face challenges in explaining to Contractors why certain documents or facts are actually detrimental to the cause. It is not unlikely that lawyers find themselves arguing on technical points that they have no real understanding of, creating unnecessary exposure.

This disparity in the knowledge gap of the construction industry between lawyers and contractors often leads to inadequate understanding of a case. This is where we at VERITAS Contracts Sdn Bhd aimed to close the said gap in providing third party professional opinion on construction-related services.

We are able to provide the following services: –

1. Arbitration & Adjudication

Provide technical support to in the Arbitration and Adjudication process covering initial appraisal on the strength and weakness of the dispute and the records / correspondence relating to the dispute, and assisting in preparation of counter-claim, Causation and Quantum documents (time and cost) under the terms and conditions in the contract and prevailing accepted practice.

2. Contractual Advice & Contracts Administration

Review and contractual advice on local and international standard forms of contracts and sub-contract, amendment and drafting of contracts based on special conditions and requirements for project specifics, advices on notices to be given under the Contract and contract compliance, advice on termination, disruption and extension of time.

3. Claims Analysis & Preparation

• Providing initial advice and guidance in preparation of loss and expense claims, presentation of the claim’s documents, settlement negotiation and provide Expert Witness services if arbitration or litigation become unavoidable.
• Calculation and advice on problems of payment, set-off, contra charges, counter claims and contentious items such as disruption, loss of productivity, loss of profit and finance charges.
• Assist on preparation of variation claims.

4. Defense of Claims

• Advice on defense of loss and expense claims received from Main Contractors, Sub-contractors and Vendors/Suppliers.
• Guidance on the validity of the heads of claim presented, validity of notifications and assist in completion of evaluation of claims.
• Assist on preparation of counterclaims and others defense.

5. Planning & Delay Analysis

Provide planning, coordination and management of projects from inception through completion. In addition to planning services, we support Extension of Time claims with detailed delay analysis prepared on behalf of Contractors or to defend the Employer’s position on receipt of such claims from Contractors.

6. Expert Witness Service

Preparation of expert witness reports for defense of claims (work done, variations, liquidated damages, back charges), quantum and delay matter with subsequent attendance at litigation, arbitration and adjudication proceedings.

Some of VERITAS notable expert works include: –

Pulau Melaka Reclamation Dispute

• Adjudication matter between KAJ Development Sdn Bhd Vs Sinohydro Corporation Sdn Bhd.
• Acting as Expert Witness (Quantum Expert & Delay Expert) on matters on delay, extension of time and quantum assessment for adjudication proceeding.
• Provided expert testimony and presentation before an adjudicator.

Top International Engineering (Malaysia) Sdn Bhd vs TWY Development Sdn Bhd

• Acting on matters on direct loss and expenses claims and counter claims assessment for arbitration proceeding.
• Acting as an Expert Witness (Quantum Expert)proceeding in regard to allegation on unlawful Termination. Direct Loss and Expenses due to prolongation, Loss of Profit for Balance of Works, Demobilization cost and removal of unused material.

Zumo Engineering (M) Sdn Bhd vs Aston Star Sdn Bhd

• 4 Block of Serviced Apartment at Puteri Habour, Nusajaya Johor Darul Takzim for
  UEM Sunrise Bhd.
• Litigation proceeding in regard to allegations on the Erection, Storage & Dismantling of Scaffolding & Safety Netting.
• Acting as an Expert Witness (Quantum Expert).

Fulloop Sdn Bhd VS Aston Star Sdn Bhd

• 4 Block of Serviced Apartment at Puteri Habour, Nusajaya Johor Darul Takzim for
  UEM Sunrise Bhd.
• Litigation proceeding in regard to allegation claimson Supply Delivery, Installation of High Voltage Works (HLW) and Low Voltage Works (LVW).
• Acting as an Expert Witness (Quantum Expert).

PIE City Construction Sdn Bhd Vs Mandy Corporation Sdn Bhd

• Mixed Development at Jalan Segambut Kuala Lumpur.
• Litigation proceeding in regard to allegation claimson VO and Final Accounts.
• Acting as an Expert Witness (Quantum & Delay Expert).

Orangebeam Construction Vs Southkey City Sdn Bhd

• Mixed Development Property at Southkey Johor Bahru.
• Acting as an Expert Witness (Quantum Expert).

CIPAA 2012 – Conducting Proceedings Documentation

• Drafting of Notice of Adjudication, Registration of Adjudication Proceeding with Asian International Arbitration Centre (AIAC) and Appointment of Adjudicator.
• Drafting of Adjudication Claim.
• Advising on Adjudication Response.
• Drafting of Adjudication Reply.
• Attending to any query by the Adjudicator.
• Advising on the Adjudication Decision and/ or any further steps to be taken arising from the Adjudication Decision.
• Advising on Enforcement Stage.