Plus 3’s team of professionals have decades of experience in the construction industry and offers a full spectrum of contractual, commercial, programme and forensic services, including mediation, arbitration, adjudication, litigation, dispute avoidance and resolution and amicable settlements.
We help our clients avoid time-consuming and costly litigation through a proactive approach during pre-contract award. Working closely with our clients, we apply our skills and experience to the assessment of contractual conditions and the associated risks and their analysis to be able to properly protect our client’s interests.
We identify the best procurement method to suit our client needs and timetables, together with advice and support on contract conditions and contract document compilation.
Our team of experts offer guidance on monitoring correspondence and drafting appropriate responses, timely issuance of notices, claims and the preparation of variations and final accounts. Our specific focus is on dispute avoidance and resolving issues before they become problems.
Cost Control and Record
Plus 3 is involved from project outset, where we are instrumental in setting up systems for improved project control, the monitoring of costs and time schedules against budget. This involves risk management and early identification of cost and schedule overrun and the recommendation of mitigation/preventive measures that are necessary to be taken.
Plus 3 provides schedule/programme development, management and support using various software’s including Primavera P6 and Microsoft Project. We work with our clients to ensure that the baseline programme is a well-grounded document for monitoring progress and recording delays for Extension of Time claims; including deliverables from all of the parties that can affect our client’s ability to meet the construction programme.
Our mix of expatriate and local personnel with local experience and global knowledge understand our business, its rules and the most likely outcome of any action. Plus 3 offers a range of skills that can most effectively be brought to bear in project management, including management of contractual issues with a focus on dispute avoidance, negotiation, mediation and amicable settlement.
Risk management is a fundamental element in all construction projects, however this is often overlooked or ignored. Whatever the current project status, Plus 3 can develop a strategy that minimises risk and maximises benefits to the conclusion of the project.
With solid backgrounds in project management Plus 3 teams have knowledge, based on practical experience of what can go wrong during the implementation of projects. We provide design development support, assessment of contractual conditions and associated risk and obligation analysis.
Problem Solving and Trouble Shooting
The protection of our clients’ interests including the maximisation of recovery and correct allocation of liability is a primary focus for Plus 3. This includes the timely service of correct notices, maintenance of records and the proper costing of variations including direct and indirect costs, extension of time and loss and expense claims, management of counter claims and back charges.
Where both parties are willing to negotiate a settlement of a dispute, Plus 3 provides a structured and proactive negotiation environment that is facilitated by experienced and qualified mediators. This has proven to be a positive and timely solution for many clients, without the need for formal dispute.
Plus 3 provides expert services to ensure the earliest possible preparation, submission of contractual claims and payment of final account.
Dispute Avoidance and Amicable Resolution
Plus 3 proactively encourages dialogue being formed to reach an amicable settlement wherever possible, avoiding the need for time consuming and costly resolution through the courts or arbitration with the involvement of lawyers.
With decades of diverse experience, our Quantum, Delay and Technical Experts provide independent professional reports and testimony for legal disputes bringing credibility to each claims evaluation and presentation.
Adjudication – CIPAA
Preparation of Adjudication claims under the Malaysian Construction Industry Payment and Adjudication Act (CIPAA) to ensure a rapid resolution of outstanding payments for work done. Through our partner CCR we have expertise that spans 15 years undertaking Adjudications in Australia, wherein the adjudication process is well advanced and has been in operation for a considerable period of time.
It is an accepted fact that 90% of the information transmitted to the brain is visual, and our brain processes visual images 60,000 times faster than text. One unique method Plus 3 uses to trigger negotiations and avoid protracted disputes is through the use of fully animated movie presentations using creative and dynamic multimedia techniques. To leverage this fact, through its partner company, Quantum, Plus 3 utilises an in-house media team specifically dedicated to the preparation of movies and interactive presentations used to demonstrate construction claim entitlements. When utilised in this way, media is particularly useful for making presentations to key decision makers who do not necessarily have the time to read large volumes of narrative accompanying many claim submission.
Construction Dynamics Solutions (CDS)
In partnership with Plus 3’s partner company, Construction Dynamics Solutions (CDS), we are able to provide our clients with Dynamic Disruption and Delay Analysis. The System Dynamics simulation methodology was recently included by the Society of Construction Law in its standard toolset for assessing disruption (Delay and Disruption Protocol, 2nd edition 2017).
Litigation Funding, which is also known as legal financing or third-party funding, is the provision of financing one party in a litigation in return for a percentage of any benefits received by the litigant. It enables a party to litigate or arbitrate without having to directly pay for it, whether because of commercial restraints or because they prefer to use their liquidity in other areas.
Through our global partners Plus 3 is able to facilitate litigation funding for key projects where it is permitted for the funded party to set aside the financial risk of pursuing a claim, in return for sharing the returns. Plus 3 will advise whether this is possible within the jurisdiction of the location of the particular project.
The Plus 3 team have extensive experience in the construction industry on a wide range of projects with the key focus on managing contractual, commercial and planning issues and ensuring our clients not only complete their projects safely and on time but also securing their profits.
Plus 3 training seminar topics include: Commercial management; contracts management; planning training; share knowledge and experience; encourage collaboration and discussions on lessons learned.