Services

Crowters provide a high quality cost-effective service to assist in the management of risk and to deal efficiently with matters that are within our area of expertise.

We provide the following core services:

Expert witness appointments in quantum-related disputes
Construction dispute management
Quantum assessors
Arbitration
Adjudication
Mediation, conciliation, dispute review boards
Contractual Advice
Contentious Matters
Non Contentious Matters

Click on the menu to obtain further details about our core services.

Expert Witness Appointments in quantum-related disputes (back to the top)

Construction disputes are invariably complex and the protagonists, or their representatives, rely heavily upon our extensive experience, forensic ability and proven track record to assist in the resolution of the issues. Our experts have excellent knowledge of forensic research to interpret the factual matrix of events to provide expert advice and evidence to the court or tribunal, if necessary.

Although as experts our primary duty is to the tribunal, Crowters have an enviable record of highly successful outcomes for clients throughout the world.

Money is at the root of most disputes. Accordingly, our quantum experts play a valuable and important part in the dispute resolution process. We are skilled in the management of large quantities of raw data to produce detailed expert reports. With the aid of information technology and our extensive library of published data, we can assess and evaluate complex issues relating to claims for additional payment, which most commonly includes the value of variations, claims and/or damages.

On large cases, the sheer volume of data that needs to be managed is usually too much for one person working alone. If the need arises, Crowters can deploy large teams of highly competent consultants to carry out forensic research within tight timetables.

Above all, Crowters are team players. We work closely with clients, lawyers, advocates, witnesses and other experts to achieve the best presentation of the issues to the tribunal.

The thoroughness of our work often leads to satisfactory settlements of disputes before they reach an expensive hearing.

Harold Crowter is one of the most experienced quantum experts in the world in his field.

Construction dispute management (back to the top)

Construction disputes, like most other areas of business life, benefit from good management. Consequently, with our extensive experience of all forms of dispute management we can, if required, become directly involved and represent our clients in negotiations, or alternatively, lead or become integrated as part of the client’s team.

If the dispute cannot be compromised, at least continuity is maintained and we can manage and co-ordinate the dispute to its final resolution.

As part of our dispute management service we recognise distinct benefits can be gained by involving Crowters early on in the process. This may involve us in the preparation of claims for loss and expense, extensions of time and measurement or valuation issues. Equally we can advise on various submissions made by our clients’ opponent.

On large disputes it can be difficult for a client to adequately coordinate and manage the professional team engaged on the case. We can undertake this role for clients in managing the whole dispute resolution process including managing the legal team and the various witnesses and experts to ensure that the client’s interests are fully protected, that the process is managed efficiently and well and so that costs are managed within budget.

Quantum Assessors (back to the top)

There are certain large and complex disputes where a legally qualified tribunal may find it difficult to gain a necessary understanding of the technical issues behind the quantum of the claim. In other cases, the quantum issues are so extensive and complex that it is not efficient for a court or arbitral tribunal to hear and consider all of the necessary evidence in a formal way. Crowters have acted as assessors to the specialist English Technology and Construction Court in such a case and are available to assist tribunals worldwide in this specialist area.

Arbitration (back to the top)

Throughout the world, arbitration is one of the most frequently used methods to obtain a final and binding decision on construction-related disputes.

Our Chairman, Harold Crowter, is one of the most experienced technical arbitrators in the construction industry worldwide. Senior members of Crowters have undertaken formal arbitration training and their combined extensive experience permits us to offer our clients a complete service in the conduct of a case, including where appropriate, acting as advocate.

With our extensive experience of arbitration in civil law and common law jurisdictions, Crowters are able to advise clients on many aspects of the arbitration process.

Adjudication (back to the top)

In the UK, the Housing Grants, Construction and Regeneration Act 1996 introduced a statutory right for parties to a construction contract to refer a dispute to adjudication. Not now confined solely to the UK, adjudication is starting to be used in other parts of the world.

The practical background and training of our staff combined with our expertise and experience in construction disputes enable us to provide a cost effective service in this fast track procedure. Crowters have represented parties in adjudication and are also appointed as experts to prepare reports to very tight timetables and to explain the technical issues to the adjudicator.

Mediation, conciliation, dispute review boards (back to the top)

Many disputes are now resolved using methods such as mediation, conciliation, mini-trial, expert determination or a dispute review board. We are experienced in these various techniques and can work with the client to examine the advantages and disadvantages of each alternative. Our aim is to ensure that our clients are properly advised so that they can make informed decisions about the best way to proceed.

Contractual Advice (back to the top)

Crowters provides advice on both contentious and non-contentious construction-related matters.

Contentious matters (back to the top)

Experience has shown that the involvement of expert advisers during the initial stages of a dispute can lead to a satisfactory settlement and help avoid the case becoming protracted and costly. Alternatively, if a compromise cannot be reached, timely advice can assist in the establishment of correct procedures and record keeping which is essential in the preparation and proof of any subsequent claim or defence.

At the outset, Crowters can provide a risk analysis, setting out the possible alternatives, the likely outcome and an estimate of the cost involved. In a commercial world, we understand that our clients need this information at various stages of the process, to make informed decisions whether to negotiate, compromise or pursue the dispute.

Non contentious matters (back to the top)

Many disputes emanate from poor contract drafting and lack of precision in the allocation of risk. Accordingly, we provide our clients with advice and assistance on procurement methods and appropriate terms of contract. We will review tender documentation and provide advice and assistance in assessing risk, commercial opportunity and sufficiency of tender. This includes matters related to both quantum and commercial aspects.