Construction Claim services/Expert Engineer for your Disputes
Free Engineers Company in Kuwait...................................E.Cns/Sameh Ibrahim E.M.M.
To Request our Services for your Construction Claim/Expert Engineer for your Dispute
E-Mail: freeeng21cen@gmail.com Mob: +965- 66259917
·
Construction Conflict solutions:
o We’ve a cumulative experience in this field by working
in 30 cases as experts and 60 claim performance
o We know that Each 1 KD of the cost of claim guarding
service meet 100 KD of claim guarding service cost or 50 KD of add value cost
o As earlier the project add this service as add value
benefits, vice versa
o Save a very huge cost values that represent the hidden
risk of random claim performance due to not assigning the expert team to
perform this dangerous service, by Proper methodologies
o Save a very huge cost values that represent the main
defense against the costly actions due owner and consultant daily supervision
procedures
o Increase the supervision tolerance to avoid claim
guarding which also save time and cost
o Keep our client rights with taking all necessary amicable
precautions to guard our client rights
o Treating both owner and consultant contractual violations
o Keep/Claim all rights in its very suitable time and in
advance if any, Decrease the costly performance of both consultant/owner
o When they find
a strong - in time - defense, once they detect that their actions, reactions
are
o Observed, monitored by an expert claim team,
immediately they keep a step back before they violate any contractual or cost
obligations toward our client
o This sort of (right’s guarding) service entitle our
clients to gain a huge hidden benefits which represent a valuable value to
their direct cost
o We work under a strict rule: We understand carefully
that the rights are equal to/ or may be higher than the investment chances
o Meanwhile, we know that the rights need a high elasticity,
to keep our project smoothly going on to its targets
o This kind of claim guarding services needs a wide
knowledge and experiments and an expert team, this team also must work under a
strong systems & rules and QA-QC from our head office
o We do not hesitate to support our team by all
successes requirements
o FEG Has the large experiences to succeed in this
service
·
Claim Guarding “Rights Guarding”:
o
Obligation Matrix
is our main item in claim guarding studies
o
Our system in
project data collection, help us to monitor all project documents
o
We carefully follow
up and monitor the project documents flow ( in details) , this system for projects
central follow up in our head office, does not allow for any leak of your
company rights with the other parties ever
o
During all project
period, we work to Draw attention to any document, which may cause any loss of our clients rights
o
We share in solving
such cases in advance; furthermore, we collect all claims files during the
project period,
o
Then submit each
case in its suitable time, supported by strong proves, documents and technical schedule
impact
o
take a tour in our
Planning system to see how is our reporting system is a claim guarding power
·
Court Expert & Claim Team:
o
FEG has a main
office staff who control all our projects crews to assure the maximum high
performance and also to cover all kinds of claims
o
Our main office
Supervise and support - if any - our sites teams to deliver the proper actions/reaction
in the very suitable time
o
FEG main office
team contain Engineers, contract administrators, lawyers who are keen to submit
the highest performance and recover all
the claim cases from all sides
o
FEG priorities is
to use the most amicable and smooth ways to keep the work going with minimum conflicts
o
Our team is
qualified technically, contractually, and have a wide Knowledge of Law and contracts
and cumulative experiments.
o
Our Team main
principles are: taking the precaution actions are prior than successor or late claim
process to keep business chances, times, costs and rights of our clients
·
Varity of conflicts experiences:
o
FEG have a high
awareness of contract conditions & law statements & our experiments in court
cases and a related number high court sentences, all of this knowledge give us
an understanding to all claim cases in its very earlier stage, this
understanding enable us to treat the cases in its very suitable time
o
Understanding for
obligations as per law and contract and able to differentiate between them
o
Experience with
elastic negotiation skills, with wide knowledge of balanced solutions
o
Our project's claim
Teams are homogeneous
o
Our Claim Team has
the awareness of the local construction environment and culture
·
FEG Claim Guarding Service In General :
o
FEG have a strict system
in project data collection enable us easily
to monitor the rights guarding
o
FEG carefully
follow up and monitor the project documents flow ( in details) ,this Exclusive
system for data monitoring enable us to control and audit all our project’s teams
from our head office,
o
FEG we have a main
office QA & QC system which firmly monitor our teams to avoid any leak of
our client’s rights with any other parties
o
During all project
period, we work to Draw our client
attention to any violation may lead to any losses for rights
o
FEG is keen to
solve any claim case in advance, furthermore, we collect all claims files
during the project period very smoothly without any conflict
o
FEG Used to submit
each case in its very suitable time, supported by a strong proves, documents
and technical schedule impact
o
FEG Main office is
keen attend the important claims
meetings, with strong and high elastic negotiable
capabilities, as we used in all of our
projects
o
FEG build the claim
files with all required documents to prove our cases
o
We understand
carefully that, the Claim service doesn’t only mean guarding of time, cost and rights
guarding, but also targeting the best commercial explanation to the contract's document
priorities to issue the best choice of add values and obtaining the best
alternative chances to add the optimum benefits to our client
o
The Local firm
performance in claim is stronger than the foreigner firm, because the local
firm is aware of the local construction environment , local construction
cultures , laws and procedures cost
o
As earlier the
project add this service as add value benefits, vice versa
·
FEG Scope of Claim guarding services:
o
Design the project
document circulation & forms and responsibility matrix to determine the
contractual obligations for each party
o
Cover all claim affairs with all other parties
o
Performing the
necessary actions to cover our client rights toward the others
o
Monitoring and
guarding (in time) the contractual performance of all other parties
o
Protect our client
rights against any contractual violations in time and in advance
o
FEG have a high
loyalty to our client
o
FEG Submit a
monthly report for our claim services to our client, contain the main items of
claim guarding service and discuss the strategies, chances of claim services,
and give the area of claim concerns along all the project period
·
FEG Construction Conflict Solutions Methodologies
1.1 Summary of our work Methodologies
1.1.1
Claim
Review and Preparation Stage
1.1.1.1 Data collection, Contractual and legal Referrals
1.1.1.1.1
Review for Existing Project Status
1.1.1.1.2
Document
Sorting
1.1.1.1.3
Grouping documents and data
1.1.1.1.4
Claim documents data analysis
1.1.1.1.5
Matching Cases with contract conditions
1.1.1.1.6
Matching Cases with contract document priorities
1.1.1.1.7
Matching Cases with Civil law statements
1.1.1.1.8
Assign the contractual bases
1.1.1.1.9
Assign The Law Bases
1.1.1.1.10
Contractual Referrals & Violations
1.1.1.1.11
Responsibility Matrix Violations
1.1.1.1.12
Legal Obligation Violations
1.1.1.1.13
The contractual and Law bases report that
contain a detailed study for each used contractual and civil law references
1.1.1.2 Claim Procedures and rights Calculations
1.1.1.2.1
Upgrade claims
1.1.1.2.2
Time impact
1.1.1.2.3
Cost impact
1.1.1.2.4
Final Claim results
1.1.1.2.5
Claim report and tables
1.1.1.2.6
Claim submittal
1.1.1.2.7
Claim
Negotiations
1.1.1.2.8
Covering Claim meetings or client replies
or client explanations requirements
1.1.1.2.9
Claim Upgrade or modify if any
· By reaching to this step, we have the following achievements:
a.
A Complete and clear understanding to the
contract conditions related to our claim cases
b.
Classifications of claim cases under the
each contract and civil law condition
c.
The most optimum Method of calculating the
deserved rights supported by contractual and law clear understanding
d.
The most proper approach to have an
amicable solutions” if the client party legal department do a fair study the
deliverable # 2.1.1.1
1.1.2
Dispute stage مرحلة القضاء
1.1.2.1 Filing the case رفع
الدعوي
1.1.2.1.1
Documents Translation To
Arabic
1.1.2.1.1.1
Filing a case require to translate all the
case document into Arabic as Kuwaiti law rules
1.1.2.1.1.2
All Translated Documents must be signed and stamped by endorsed
translation firm
1.1.2.1.1.3
We used in our company to translate all
required document by a professional translators in our office and get signature
and stamp from the translation firm
1.1.2.1.1.4
The translation is an important and basic
process in all case procedures
1.1.2.1.1.5
We Do not Know the volume of document that
may need translation, But we shall assign the resources to perform the
professional translation in not less than a month before the statement of claim
1.1.2.2 The Court of First Instance: FIC.
1.1.2.2.1
Statement of Claim عريضة الدعوي
1.1.2.2.1.1
We prepare the statement of claim with the
legal consultant
1.1.2.2.1.2
It is main principle in our work that the
most important item In the statement of Claim is the wording of demands
1.1.2.2.1.3
We understand that the Demands wording must
be subjected to an accurate study by all team specifically the legal
consultant, because the wording here is very critical and may send the case to
fail or win alike
1.1.2.2.1.4
The Demands are ruled by the code of
procedures,
1.1.2.2.1.5
The case take date and time (named “ the
table” for the Court of First Instance
1.1.2.2.1.6
The Acknowledgement procedures take place
by the court Acknowledgement department through about 30:45 Days
1.1.2.2.1.7
The Court of First Instance hold from 2 : 4
times in a 2:4 months
1.1.2.2.2
Preliminary ruling حكم الإحالة
1.1.2.2.2.1
Transfer the case to Expert Department
(Refer to expert dept.)
1.1.2.2.2.2
We understand very clearly the Expert rules
in practical and actual cases
1.1.2.2.2.3
We understand very clearly that the
preliminary ruling is an order from the judge to the experts to study the
conflict between the claimant VS respondent, in the limit of judge
statements
1.1.2.2.2.4
Accordingly we do not allow by all means to
both Expert and respondent to take us out of judge order to control the case
time, this is very important rule in our work
1.1.2.2.2.5
We Understand that the Expert has now right
to explain the law as the law explanation is an exclusively for the judge, this
also is very important rule
1.1.2.2.2.6
Preliminary ruling issued from the esteemed
first Instance with a nominated period and date for the next holding ( usually
from 6: 8 months)
1.1.2.2.2.7
This period is given to the expert to put
his report for preliminary ruling
1.1.2.2.2.8
The expert to submit his report through the
nominated period
1.1.2.2.2.9
If the experts meeting do not finish
through the PR. Period, he may ask to delay the report, accordingly the FIC
decide to delay to forecast date, while the expert continue to manage the
meeting until covering all cases from both
1.1.2.2.3
Experts Procedures اجراءات الخبرة
1.1.2.2.3.1
The “Refer to expert dept.” take from 2:3
Months
1.1.2.2.3.2
The Expert department Acknowledge the
opponents
1.1.2.2.3.3
We already have started to prepare our
Pleading brief very earlier immediately after translation, by our experience
and expectation of the PR. statement
1.1.2.2.3.4
We submit our first Pleading brief to the
expert
1.1.2.2.3.5
This Brief contains all our demands
statements ,claims, calculations, legal referrals, contractual referrals
supported by all evident as per our large experiences for what must be written
to the experts
1.1.2.2.3.6
The Expert Meetings continue through the
PR. Nominated period or more, depending on the volume of documents submitted by
both claimant and respondent
1.1.2.2.3.7
The Expert issue his report
1.1.2.2.3.8
We study the report, if it meet our demand,
we agree for the report by written brief to the esteemed FIC.
1.1.2.2.3.9
If the expert report do not meet our demand
we, prepare a brief to the FIC to submit to FIC. To explain our objections for
the expert report depending on:
1.1.2.2.3.9.1
Procedures Objection
1.1.2.2.3.9.2
Subjective Objections
1.1.2.2.3.9.3
Legal Objections
1.1.2.2.3.10
Again The FIC hold for 2: 4 seats in about
2:3 months
1.1.2.2.3.11
The FIC may issue the its decision in the
case ( very rarely)
1.1.2.2.3.12
Alternatively, in majority cases The FIC
decide to return the case to the expert to restudy, same as the PR. With a
nominated period and date
1.1.2.2.3.13
This takes about 6 : 8 Months
1.1.2.2.3.14
The Expert held the second expert period in
the same procedure as the first expert period
1.1.2.2.3.15
After issuing the second expert report the
same procedures are repeated
1.1.2.2.3.16
Back to FIC to issue the first degree
decision
1.1.2.2.3.17
The FIC decision has the first degree
Binding force
1.1.2.2.3.18
If The FIC decision meet our demands, we
agree
1.1.2.2.3.19
If The FIC decision meet our demands, we
prepare and submit our objection to the FIC decision
1.1.2.2.3.20
If no one object the FIC decision turned to
final degree Binding force
1.1.2.3 The Court of Appeal ( Court of Second degree) COA محكمة الاستئناف
The same Procedure of
the FIC Stage
·
Preliminary ruling حكم الإحالة
·
Experts Procedure
-
The FIC decision has the final degree
Binding force
-
The claimant may demand execute the judge
sentence unless the respondent do not demand to hold until the final supreme
court decision
1.1.2.4 The Supreme Court محكمة
التمييز SC.
-
The
SC. is the final stage
-
Usually the SC. hold to judge the other two
degrees procedures
-
But The SC. May Decide to proceed judging
on the case subject
-
SC. May Transfer to the expert again once
or twice
-
Then issue the final decision
-
The SC.
decision has the force of higher degree Binding force
Finally,
According to this very simple summary
Our company is very specialized in
amicable Claims, Court disputes and Arbitration cases, and both claim amicable procedures
and court procedures
We have an actual & Realistic and
wide experience to perform all kinds of construction conflicts and court
disputes
We have a very high understanding to use
the contract clauses that shall enable us to classify all kinds of construction
variations
Our understanding to all cases is based
on the high court sentences that give the right directions to all conflicts
strategies
FEG Experiences in Construction Conflict
Solutions:
o
Number of years of
experience in Kuwait as an experts in Planning & Claims
§
Disputes and Construction Conflict
solutions = More than 15 Years
·
Experiences and our Understanding of the service
From our
work cases and real field experiment, we have a very clear understanding for
Example but not exclusive:
o
Interpretation of contracts, Local Laws and
regulations
o
Claim Strategy, Preparation and negotiation
o
Contracts documents priorities, from where
we can get our client rights
o
Contract and Law Obligations and how to
classify and determine the right obligation &
o
kinds of obligations
o
The power of construction forms and
documents as a prove tools
o
Civil and Commercial Procedures Law
o
Disputes procedures through the First
Instance up to the Supreme Court
o
Expert rules, regulations, meeting and
prove tools and evidences
o
Wording of the demands as the most
important item in the disputes
o
What must be written to the expert and what
must be written to the judge in all stages of
disputes
o
Control the time of conflict in the court
and how to not allow to the opponent to enlarge the time of dispute
o
We continuously Read and study the other
cases final judgment sentences of high court to use in our cases writing to
strength our cases
Best Regards
E. Sameh Ibrahim .... +965- 66259917