Summary

Following completion of works, Rainham Industrial Services (RIS) incurred significant costs above contract value due to in-life variations and extensions of time throughout delivery.  

RIS engaged Deecon to support the recovery of these costs and develop a strategy to resolve the commercial disputes. With Deecon’s support, RIS successfully resolved the matters in dispute through mediation.

The Requirement

Deecon were initially engaged to support the completed portion of the works, which was one third of the overall scope. Following completion of the remaining works, outstanding commercial matters existed across the wider programme. Although these claims operated under a separate contract, RIS and Deecon agreed to consolidate all matters into a single universal claim.

The Solution

Deecon transformed a complex claim submission into three clear claim positions and 31 Heads of Claim, providing a robust structure and quantified basis for recovery. Deecon then worked closely with RIS to deliver three programme reviews to address entitlement of extensions of time under each contract.

To strengthen the claim, Deecon developed cause-and-effect documentation, coordinated collection of supporting documentation and submitted the final account application to the defending party. The defending party provided a partial response but did not address the outstanding balance. Deecon prepared a comprehensive response to this portion of the claim and supported RIS in progressing adjudication preparations.

When the adjudication was halted due to jurisdictional challenges, Deecon proactively collaborated with RIS to create a comprehensive view of alternative dispute resolution methods and other recovery options. Using Deecon Core capabilities, the team evaluated the available approaches.

RIS decided to pursue direct negotiations with the defending party. Deecon supported and led these discussions, but limited engagement from the opposing party meant other options needed to be reconsidered. Once all remaining responses had been received, both parties agreed to a schedule for the exchange of information and documentation.

Ahead of the agreed mediation, Deecon led engagement with the opposing party's legal counsel, coordinated Without Prejudice negotiations, and prepared supporting documentation required for mediation. This included the negotiation position statement, mediation pack, and position statements.

The Results

Through effective preparation and a collaborative approach, Deecon supported RIS in successfully resolving matters through a full and final settlement at mediation.

Both Parties agreed to the settlement position and the terms of the award  
Deecon mitigated any potential counterclaims as part of the terms of settlement
RIS and Deecon captured lessons learnt in a close-out workshop to apply to future projects