What We Do
Alternative Dispute Resolution “You can’t shake hands with a clenched fist”
ADR
Alternative Dispute Resolution (ADR) – Commonly used to refer to a variety of alternatives to litigation, wherein a neutral party assists the disputing parties, includes a full range of dispute resolution processes between direct negotiation and litigation.
Construction Adjudication
On July 1, 2018, the Ontario Lien Act was renamed the Construction Act. The new Construction Act will require that construction disputes to be resolved by way of Adjudication. The mandatory construction adjudication will come into force on October 1, 2019.
The adjudication process involves a neutral third party is brought in to hear and consider facts and/or arguments presented by the parties and to render a reasoned, interim – binding decision or solution based upon an agreed standard of legality or fairness and natural justice. The adjudicator’s role in the adjudicative process is to deliver a resolution for the parties and not to help them reach an agreed-upon solution to their dispute.
Since 2016, MCCI has performed using the English model of adjudication to adjudicate 13 binding by agreement disputes in Ontario valued from $50,000 to well over $300,000.
Arbitration
Arbitration is long used as an alternative to litigation in commercial and labor disputes; this dispute resolution process offers less formal procedures, abbreviated presentations and the undivided attention of the neutral(s). The arbitrator rules on discovery requests and disputes. The process can be binding or non-binding.
Referee
Referee means an independent third party consisting of 1 or 3 members who shall have the duty, responsibility and authority to conduct an independent review of the facts associated with a Claim/Dispute and to issue a written provisionally binding decision based solely on the facts of the Claim/Dispute and in strict adherence with the Contract Documents.
Mediation
Evaluative Mediation is this process, parties may “test” the potential outcomes of a case. The mediator allows the parties to present their factual and legal arguments. He or she may then offer his or her own assessment or predictions as to a trial outcome. It is often used for more difficult cases, in which the gap between the parties is large, the issues are somewhat complex and the stakes are high.
Facilitative Mediation is this process; outcome control remains almost entirely in the hands of the parties and their counsel. A mediator enhances communication and helps to create options for resolution by ensuring that all relevant information is exchanged and heard by the parties. The mediator also helps to distinguish the parties’ issues from their interests.
Construction Litigation Support Claims & Consultancy “Our Independence Makes the Difference”
Construction Litigation Support and Claims
Litigation support is one of the best ways that provide assistance to attorneys and Law firms in assisting their day to day construction legal matters.The aim of litigation support services is to meet the requirements of global legal practices with expert advice in construction.
- Construction contract interpretation.
- Expert report preparation.
- Forensic construction/engineering.
- Advice on the feasibility of entering into claims (neutral evaluation)
How to handle and manage an actual claim from technical and engineering approach. - Review documents and analyze events during a construction project.
- Obtain and gather all pertinent information/documents to analyze a dispute or claim.
- Construction investigation and peer review of construction documents.
- Construction claim and procurement analysis.
- Review construction documents and address areas for potential claims.
- Determine causes and events leading to a claim or dispute.
- Determine the extent and cost of damages.
- Identify and gather information, documents that are relevant to the case and/or claim and Procurement analysis.
Construction Consultancy
- Assist client with tender document preparation and tendering.
- Construction procurement and analysis.
- Peer review and coordination of drawings prior to tendering.
- Expert in preparing detailed scope of work for every specialized trade contractor.
- Progress claim approval.
- Review construction documents and address areas for potential claims.
- Contract negotiation.
- Construction engineering inspection.
- Detailed preparation, fair and realistic assessment of deficient construction work.
- Contract preparation.
Construction and Project Management “Masters of Consistency and Quality”
Project Management Services and Consulting
- Project management from initiation to closing.
- Project Specific Design Specification Development.
- Consultant services procurement and work analysis.
- Engage and manage a design team.
- Assist client with Site Plan Application & other related permits.
- Peer review of drawings for construction and cost feasibility.
- Value engineering and budgeting to ensure designs do not over run the construction budget.
- Oversee and provide the necessary project management services throughout the construction stages.
Construction Management Services and Consulting (CCDC 5A and CCDC 5B)
- Perform and coordinate construction from start to finish.
- Deliver construction projects under Construction Management Services – CCDC 5A model.
- Deliver construction projects under Construction Management Services and Construction – CCDC 5B model.
- Deliver construction projects under General Contracting – CCDC 2 lump sum model.