At GMCS we provide a comprehensive range of services to our clients which is based on a clear understanding of the particular needs of the client and the project. As a consequence of our unparalleled experience of operating within the MENA region we recognise both the opportunities and the challenges that working here presents to businesses and are uniquely well-positioned to guide your business to maximise profit and minimise risk.
Over recent years, claims management on construction and engineering projects in the MENA region has become almost an industry in its own right. As the effects of the global economic downturn have led to decreased levels of liquidity in the region, it has become increasingly commonplace for contractors to have to utilise the contractual claims procedures to obtain the payment to which they are entitled.
GMCS has a team of experienced claims consultants who can ensure that contractors comply with their contractual obligations in relation to asserting their claims and are able to present these claims comprehensively and professionally. GMCS can also provide strategic advice to contractors on how best to resolve claims in a time and cost-efficient manner. To this end, GMCS employs several consultants with a strong track-record of representing clients in successfully-concluded negotiations.
From the commencement stage of any development or project, it is increasingly evident that construction and engineering operations throughout the world are becoming more complex throughout all planning and execution stages. These complexities often cannot be considered at the commencement of a project, so it is therefore vital to review time-related risk throughout the progress of the works.
At GMCS, our teams of specialist consultants provide thorough and proactive advice throughout the life cycle of a project, as well as prospective and retrospective delay analysis to support contractual entitlement. Our consultants are familiar with all methods of delay analysis utilised in the construction industry and are consequently well-placed to undertake a comprehensive assessment of delay, disruption, determination of culpability, critical delay and entitlement to prolongation costs.
Further, we ensure that our advice is presented in a manner that is clear, accurate and easy to understand.
GMCS can provide expert evidence from some of the leading and most experienced expert witnesses in the MENA region.
The GMCS expert services team has extensive experience of providing expert evidence in arbitration, litigation and adjudication proceedings on a range of disputes involving quantum, delay and disruption, quantity surveying, local land purchase agreements, rental disputes and contract administration procedures.
GMCS’s experience and proven track record of specialised regional knowledge of the construction and engineering industries has resulted in its experts testifying and being cross examined under arbitration rules including ICC, DIAC, ADCCAC, UNCITRAL, LCIA and SIAC along with multiple local court jurisdictions across the MENA and Asia regions.
* All expert appointments undertaken by GMCS are undertaken subject to clearance of conflict checks and subject to the relevant requirements of independence and impartiality inherent in these roles.
Once a project is underway, GMCS can provide contractors with invaluable support and advice with a view to ensuring that the project progresses in as timely, efficient and profitable a manner as possible.
This support and advice can include assisting with a wide-range of issues including setting up and managing subcontracts, dealing with or advising on procurement and the supply chain, management of programming obligations and advising on contractual issues.
GMCS understand that contractors have very different needs in relation to the type and amount of commercial management support they require on any particular project. Accordingly, GMCS offers a range of commercial management options from full-time, site-based support to ad-hoc advice in relation to particular issues.
When construction and engineering projects encounter problems, contractors are often bombarded with a range of different opinions on the key issues in question. These opinions may differ for many reasons – for example there may be an ambiguity in the contract or a genuine difference in opinion on the cause of a defect.
However, often contractors are presented with a range of differing opinions because each opinion is being provided with a different ‘agenda’ and, in these circumstances, it can be difficult for the contractor to make a realistic assessment of the risk to which it is exposed and plan an appropriate strategic response.
GMCS can help; whether it is providing a neutral opinion on a particular point in dispute, undertaking a peer review of an opinion or piece of advice received from a third party or providing a strategy report advising as to how the contractor can best protect and advance its position, GMCS has a team of professionals that can guide the contractor through the maze and out the other side.
GMCS registered arbitrators have acted as both sole arbitrator and as part of an arbitration tribunal on multiple occasions over the last two decades, predominantly through the International Chamber of Commerce the Dubai International Arbitration Centre or ad-hoc arbitrations.
As a consequence of this, GMCS's arbitrators offer not only technical expertise but a comprehensive knowledge of the various procedural considerations which come into play within jurisdictions in the MENA region and are therefore well-placed to ensure an Award is rendered which is not only fair, but is also enforceable.
* All arbitrator appointments undertaken by GMCS are undertaken subject to clearance of conflict checks and subject to the relevant requirements of independence and impartiality inherent in these roles.
While arbitration remains the primary method of final and binding dispute resolution for construction and engineering projects in the region, GMCS has extensive experience of advising on a wide range of alternative dispute resolution methods.
GMCS’s consultants are capable of representing their clients at all stages of negotiations and can advise on the preparation and presentation of claims to dispute boards, in mediation or for adjudication / expert determination / early neutral evaluation.
GMCS also has good relations with several local and international law firms, enabling it to assist clients in situations where their entitlement falls to be decided by way of litigation.
Many construction and engineering projects in the MENA region run into difficulties at the outset as a result of contractors obtaining inadequate pre-contract advice and support.
At GMCS we believe prevention is better than cure and, consequently, we are pleased to offer a wide range of services to assist our clients in tendering for and winning contracts, including providing advice on pricing the job, dealing with letters of intent / letters of acceptance etc., negotiating key contractual terms, minimising contractor’s risk, procurement and planning.
Working closely with the contractor’s own specialist project team, our consultants can provide not only additional technical, commercial and legal knowledge but also pass on the benefit of GMCS’s extensive experience of doing business in the MENA region to ensure that the contractor starts the project in as strong a position as possible.