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Quigg Golden have the resources, knowledge and expertise to help deal with those challenges.

Not least amongst the challenges is the scale of some of the projects Quigg Golden have dealt with, particularly in the GCC region. The production and successful prosecution of claims for unproductive working and disruption, when the man hours involved are counted in millions, can only be competently carried out by an integrated team of professionals with the experience and tenacity to get to a solution as efficiently as possible.

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Quigg Golden experts are committed to the highest standards of professional conduct and are regulated by the Institution of Civil Engineers, the RICS and the Bar Council.

Quigg Golden can provide expert services in:

– Claims preparation and evaluation

– Delay

– Programming

– Project Management

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Procurement Disputes – The application of EU regulations often allow unfairly treated tenderers an effective remedy. Quigg Golden specialise in this area; and

Construction Litigation Support – Commercial understanding coupled with construction experience make Quigg Golden’s role invaluable.

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We also provide training via seminars open to the public. However, in house training coupled with a review of a business’ particular ethos and market position is often far more cost effective and beneficial.

Please get in touch here for any training queries.

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Quigg Golden provides project management services for clients on projects where its diverse experience and skills provide cost effective solutions. Quigg Golden frequently lead project teams for clients.  Quigg Golden provides focus and clarity with the ability to identify potential problems and resolve them promptly and efficiently.

We have developed a particular specialism in acting as Project Manager under the NEC.

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The expert tendering team at Quigg Golden have a wealth of experience in helping companies pitch for construction projects.

With stringent EU tendering criteria being applied in all sectors of construction, the basis of submitting a successful tender for a project has become even more fundamental.

Tenderers should be aware from the outset of the criteria on which they shall be judged, informing tenderers of decisions reached and basis of those decisions. It also goes to the removal of discretion and subjectivity; the evaluation must be based on objective criteria that are known to bidders in advance.

Quigg Golden can help evaluate the criteria for tender submissions as we have high-level experience on both the tenderer and submission panel processes.

Tender contracts featuring BIM (Building Information Modelling)

2019 saw the publication of a number of new international standards for BIM. This standard of building and modelling is becoming more popular in building and construction design and more tenders seek BIM as a requirement in construction tender submissions.

BIM is a surprisingly diverse topic. For those requiring more information, we at Quigg Golden can provide training or help and support in reviewing or drafting contracts with BIM requirements.

When drafting and understanding contracts which require the use of BIM, Quigg Golden lead the UK and Irish construction industry in advising how to submit BIM contracts and tender submissions.

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Funding a Litigation

A common theme is that a client will have a really good claim where they believe they are entitled to significant damages, but they are unable to embark on litigation as they do not have sufficient funds to finance it. Liability for a client’s own and an opponent’s legal costs, will be one of the biggest concern of any person/business/corporation involved in a dispute.

This is where Quigg Golden has been invaluable to its clients because of its extensive knowledge of litigation funding arrangements and the relationships it has with insurance brokers, barristers and experts, prepared to accept instructions under these funding arrangements.  A summary of how litigation can be funded in the High Court and Technology and Construction Court include:

Conditional Fee Agreements (“CFA”) – No Win, No Fee

A Conditional Fee Agreement (“CFA”), also known as a ‘no win, no fee’, is an agreement between Quigg Golden and a client, where the client agrees to pay our fees at a lower hourly standard rate, with our full hourly rate being deferred until the conclusion of the claim. The CFA will also include an uplift, known as a ‘success fee’ for deferring part payment of our fees.

Quigg Golden can also enter into an arrangement with the client who can either make a one-off interim payment at the commencement of the claim with payment of our fees in full, once the claim has settled, or Judgment is obtained.  The arrangement Quigg Golden decides to enter into will be reviewed on a case-by-case basis as every claim will be unique.

Third Party Funding

Third Party Funding is available via an insurance broker, where a person/corporate body unconnected with the client or the claim, is willing to ‘buy into’ the prospects of the client’s success, upon being paid a percentage of the client’s damages if successful.

Damages Based Agreements

Damage Based Agreements are entered into with a client and Quigg Golden, where they will be paid a percentage of the client’s damages. Quigg Golden and the client share the risk.  No fee will be payable if the client is unsuccessful. Quigg Golden would only enter into such an arrangement if a client provided high volume, repeat work and an interim payment on account.

After the Event Insurance  (“ATE”)

An After the Event Insurance policy (“ATE”) runs alongside a CFA.  An ATE policy is used to cover its client’s disbursements from inception up until a trial.

An ATE policy covers significant disbursements such as barrister’s fees, mediator’s and expert’s fees.  An ATE insurance policy, takes away the financial burden of paying the opponent’s costs if the claim is unsuccessful. ATE cover offers safeguards against this risk and can be purchased at the commencement of a claim or before a trial.

– Requirements for After the Event Insurance

An ATE insurer will want the client to have prospects of success of 60% or over, although some insurers may provide cover if lower.  ATE insurance is available to both Claimants and Defendants.

– The Process of Obtaining ATE Insurance

Quigg Golden will undertake a risk assessment. If a claim is for a significant amount of money, both the solicitor and the ATE insurer, will require a written Opinion from Junior or Leading Counsel. An estimate of the client’s legal cost and disbursements is required as the ATE insurer will need to know the level of cover a client will require for disbursements and an estimate of the opponent’s legal costs, so that the client is indemnified in the event that their claim is unsuccessful.  If ATE cover is provided, you are also able to ‘top up’ the level of cover if the initial cost estimate has been exceeded because of unforeseen circumstances.

The Advantages of Entering into Litigation Funding Arrangements

• Assist clients who would otherwise be wary of pursuing litigation because of a shortage of cash flow and the adverse affect legal costs may have on a client’s profits and turnover.
• The client will be offered a discount on our standard hourly rates, throughout the life of the litigation.
• Certainty on costs so that provision can be made to client’s yearly budgets.
• ATE insurance ensures that the client can pursue litigation without the fear of having to pay any adverse costs order, which could be taken from their personal or company assets.
• The ATE premium is deferred and payable from the client’s damages at the conclusion of the claim.
• The ATE premium is self-insured so the client will not have to pay the premium if the claim is unsuccessful.
• Having ATE cover creates a level playing field for those clients who do not have the financial strength of their opponent.
• Receipt of ATE cover will send a clear message to the opponent that the client has a good opinion on the prospects of success of the client’s claim, both from its solicitors, Leading/Junior Counsel and the ATE insurer’s own in-house lawyers.

Over the years, Quigg Golden has formed good working relationships with the leading brokers and insurers and has gained a wealth of experience on how different options work in practice.

We believe our approach to litigation funding sets us apart from other law firms. We have been offering this service to our clients for over a decade and have formed good working relationships with brokers and insurers.

If you have a construction dispute in the Technology & Construction Court or High Court please contact our team here.

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For Quigg Golden the key to a successful arbitration is understanding the commercial and strategic goals of the client. It is this principle which is the focus of any arbitration we are involved in.

Arbitration in the construction industry

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, such as Quigg Golden. Disputes are resolved on the basis of material facts, documents and relevant principles of law.

Quigg Golden administer the arbitration process subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.

In the last few years there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.

Arbitration commences with a notice to concur which provides for agreement on the appointment of Quigg Golden as arbitrators, failing which Quigg Golden may be appointed by a nominating body (which should be named in the contract). Arbitration is now usually combined with adjudication and mediation in tiered dispute resolution procedures.

Advantages in construction arbitration

It is private matter – there is no public record of any proceedings, although not necessarily confidential.

Speed, although this depends very much on the manner in which the arbitrator conducts the arbitration.

The arbitrators award can be enforced as a judgement of the court.

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