"Terminator 3: Rise of the Machines” is a film where a machine from a post-apocalyptic future travels back in time to protect a man and a woman from an advanced robotic assassin to ensure they both survive a nuclear attack. I think we can all agree that this is a very noble endeavour and in modern day parlance, the terminator could be described as a “disruptor”!

On a slightly less high octane scale, we believe that Systech is a “disruptor” within the construction claims world as we are the only construction dispute service able to provide a complete single point solution to clients’ needs; as the Systech Group is in the unique and enviable position of having a claims consultancy, expert witness services offering, and a law firm. This has increasingly been recognised by our international contractor clients, who see and reap the benefit of what could be termed a “one stop shop”.

Systech International

Our claims consultants advise on and manage matters relating to cost and time. They are adept at preparing and managing claims, ensuring contractual compliance, maintaining appropriate records, preventing disputes and providing the support necessary for the recovery of contractual entitlements.

We also provide full project lifecycle support offering contractual and commercial management, project planning and scheduling, delay analysis software, procurement strategy and process management, visualisations, training and dispute resolution services; and we are particularly regarded for our extensive experience of delivering results on large-scale complex projects with sophisticated delivery models.

Systech Expert Witness

Our expert witnesses are typically appointed to act as expert advisors / “dirty” experts; supporting the dispute from an early stage. The term “dirty” simply refers to an expert appointed by a party involved in a dispute to provide advice on the strategy and preparation of their case. An expert advisor / “dirty” expert’s duty is to act in their client’s best interests. Importantly, the expert advisor / “dirty” expert does not need to be impartial, albeit Systech’s experts will always be objective. This contrasts to a “clean” expert who will only opine on matters presented to them, and whose duty is solely to the court. Therefore, a “clean” expert will not offer advice on formulating, presenting, and compiling evidence for a claim.

Systech has a number of experts on the ground in Australia, who are supported by our global panel of experts, all of whom are quantum and delay specialists. Our experts can get involved and support our clients’ dispute proceedings from an early stage. We highly advise that a concurrent instruction is issued to Systech Law (a separate entity but part of the Systech Group) in contemplation of anticipated and pending dispute resolution proceedings, as when properly managed, this allows the advantages of legal professional privilege to be obtained, thereby protecting your commercial position. It is important to recognise that the applicable rules of evidence and privilege may not be the same under different legal jurisdictions and so will have to be checked in each case.

All of our experts will give clear and reliable advice and are well versed in compiling expert reports for a commercial settlement. Objective advice is given on the dispute’s strengths, weaknesses, strategy and action plan. Our experts can also advise on identifying and compiling relevant evidence, as well as on the formulation of the claim, and will guide the claim preparation process, saving you both time and money.

We share a desire to resolve disputes prior to arbitration or litigation, the cost base for provision of our services is reasonable and we consistently provide real value for money to our clients.

Systech Law

Systech Law is a boutique construction law firm which offers both non-contentious services such as contract review, contract drafting, advisory, procurement, project support, training as well as contentious services including mediation, adjudication, arbitration and litigation. We have specialist expertise in dispute resolution and claims management and are able to support our clients throughout the whole life cycle of any construction project.

Early instruction (in conjunction with Systech Expert Witness Services), in contemplation of anticipated dispute resolution proceedings, is recommended for effective management of disclosure issues from the preliminary stages as it enables dealings with the appointed expert advisor / “dirty expert” to be protected via legal professional privilege when managed appropriately. The advantage of communications not being discoverable is that it enables Systech experts to freely discuss the strengths, weaknesses, strategy and action plan for the dispute(s) with our clients, safe in the knowledge that their commercial position is protected. It is important to note that subject to properly drafted instructions, which highlight the distinction between the two roles so that they are properly understood and reflected in the terms of appointment, an expert could accept an initial appointment as an expert advisor / “dirty” expert (with primary duty to advise the client) and then be appointed to act as an independent expert witness for the same matters in dispute in subsequent dispute resolution proceedings (with primary duty to advise the tribunal). No conflict of interest arises in the case of Systech experts appointed to act as an expert advisor / “dirty” expert within a Systech Law legal team because the independence, impartiality or otherwise of the expert is not a requirement for such appointments.

Another advantage of instructing Systech Law at an early stage, is that it enables our lawyers to take witness statements from key witnesses on-site whilst they are still available and whilst their memories are still fresh. We recognise that accurate and contemporaneous records are the bedrock for success in any dispute.

Instructing Systech Law and appointing an expert advisor / “dirty” expert allows our clients to maintain control over their dispute for longer without having to instruct other costly external counsel. We are able to add value by offering discreet legal opinions on relevant topics such as limitation periods, time barring, bond calls, termination and entitlement as and when required. We can also do any other work required by the client on an ad hoc basis.

Systech Law’s fees are very competitive. We offer our clients a discounted rate whenever possible and have a vested interest (where permissible, subject to jurisdiction) in your case.

Summary

The Cambridge Dictionary defines the term “disruptor” as “a company that changes the traditional way an industry operates, especially in a new and effective way.”

Systech is therefore a “disruptor” as it is the only construction dispute service in the world to be able to offer a combined single point solution to complex construction disputes via a claims consultancy, an expert witness service, and a law firm. As the majority of disputes never reach arbitration or litigation, most clients would be best served by instructing an expert advisor / “dirty” expert whose duty is to act in the best interest of the client rather than a more costly “clean” expert. Instructing a law firm early on, in contemplation of anticipated and pending dispute resolution proceedings, to work alongside the claim’s consultants and the expert advisor / dirty expert also allows the contractor’s dispute strategy, strengths, weaknesses and action plan to be freely assessed and discussed, safe in the knowledge that their commercial position is protected by legal professional privilege. This will be carefully managed by Systech Law on a document by document basis and according to the applicable rules of evidence and privilege pertaining to the relevant jurisdiction. It also enables the contractor to remain in control of the dispute for much longer as the dispute strategy will remain confidential without the threat of it having to be disclosed – so long as privilege is managed correctly.

If you would like to discuss any of the Systech Group’s services further or wish to speak to us about an existing dispute or a potential dispute, then please feel free to contact any of our Partners at Systech Law: Tom Allen, Gavin Murphy, Rebecca Redhead, Dai Edwards, or contact our Senior Claims Directors at Systech International: Paschal Baugh or Graeme Thomas.

Until then, “Hasta la vista, baby!” (admittedly a Terminator 2 reference rather than a Terminator 3 reference – but too hard to resist!).