Specialist contract advice to the 

Construction Industry

Case Studies


Costain – Power and Distribution


£10m per year Power and Distribution framework contract for UKPN Eastern Region under an NEC Option C Form of Contract. Mark joined Costain’s EPN Framework Contract as a Commercial Manager and developed a 3-man strong team from Arburies to administer the contract, to resolve outstanding commercial issues, unagreed change and disallowed cost. Through nurture a relationship with the Employer; we were able to administer the account to a successful conclusion.


A key issue was the resolution of a major Compensation Event, initially priced at £500k but rejected by the Project Manager. We prepared a detailed report and support narrative on the issues and re-assessed the CE at £700k with supporting evidence. During the process we had the submission checked by an external adjudicator who added salient points to support our position. We then arranged a series of meetings with the Employer, PM and their commercial team to talk them through the CE the contractual reasoning’s for its validity. The matter was concluded after eight weeks of negotiation with the CE being implemented by the PM, additional time granted and the target increased by £650k.


Galldris Construction


Arburies provided a managed service to administer the contract on LUL Depot upgrade projects at Upminster and Ealing Depots for Vinci Construction under an NEC Option A Form of Contract. The appointment involved full contract administration, monthly valuations, preparation and negotiation of compensation events and monthly cost value reporting. These projects were eventually closed out with implemented CE’s providing additional time and cost.


Mark also acted as Commercial Director for Galldris overseeing a £50m portfolio of work, year-end management accounts, cash flow, 17 commercial staff on 30 live projects for schools, developers, main contractors, LUL and NWR.


Morgan Sindall LOSTAT


£3m London Underground Station upgrade project for LORAL under bespoke NEC Option C Form of Contract. Provision of support to the existing commercial team to review and advise on the contract and existing rejected Compensation Events.


Our team presented a report on the onerous contract with advice on the risks and strategies to enhance commercial recovery. The dispute compensation events were also reviewed and represented with alternative in-depth narratives for the recovery of time and cost.


We also reviewed the Contract and provided a report to support the Main Board deep-dive review. The contract was later settled with the existing team.



Balfour Beatty Civil Engineering; M1-A5 Woodside Link


We provided commercial support to review, compile and progress the change account with the Employer.
During the assignment we were able to close out all outstanding items of change leading to an increase in the target cost and time and successful close out of the contract.


Balfour Beatty Carillion Joint Venture – East London Line


Provision of consultancy services to Balfour Beatty Carillion Joint Venture to recover costs incurred during the construction of the £700m East London Line Project. This was mainly on the north Section and later I was responsible for the Rail Section.


We worked with Counsel and Experts, re-assessing and re-evaluating the quantum and principle arguments for a number of existing high value compensation events to bring them to Court standard.


We were involved in preparation of a defence against the Employer’s £100m Notice of Adjudication. During 2011 we prepared a Statement of Case and PowerPoint presentation for Mediation on Shoreditch Station and structures total value in excess of £75m.


The contract and disputed matters were later resolved in an out of court settlement.


Commercial Manager Morgan Sindall


Provision of Commercial Manager on £28m Paddington Spans 1-3 re-roofing contract under NWR MAFA Scheme.
Complied and agreed budget for Grip 5 and 6-8 with NWR.


Ameycolas JV LNR Framework


Provision of commercial support and administration. During the assignment, our team undertook a cost audit at the framework depots and found anomalies in the cost coding and reporting process.
We developed and introduced a new system which was adopted across the framework and other projects.


CJ Pryor (Contracts)


We provided commercial and planning staff to assist with the recovery of outstanding change account on various projects just prior to the company being placed in administration.
We assisted the bank and their administrator by interrogating and providing a clear unbiased position on the published accounts, WIP and reporting trading position.
We also provided assistance for the collection of outstanding debt and retentions and strategies to close out the existing live projects.