Services

Commercial Buildings and Major Infrastructure Projects, Including Light Rail, Transit & Healthcare

Determining Claims Strategy for Bespoke Projects
Since 1993 Phil Kolon has determined and implemented claims strategy for major projects in Canada and Internationally, including highways and bespoke light rail transit projects, many of which were Private Public Partnerships. His wide-ranging experience in contractual administration has included: specification deficiencies, hydrological and geotechnical claims, and legal and contractual interpretations of responsibility for third parties utility risk.
Because of his civil engineering background, Phil Kolon has acted for clients in the role of Project Director. PKoloncc recognises the need to engage face to face in resolving challenging construction issues, the solutions to which may not be found in Canada but the global market.
PKoloncc will initially assess the facts and contract to determine the key matters that have caused the project to overrun schedule and/ or cost. At an early stage, a recommendation will be provided with proposals for the resolution and other resources and experts should it be considered necessary.
Upon acceptance of the recommendation, PKoloncc will produce a report/submission, which will be reviewed with the client at key stages.

Administering Construction Adjudication & Arbitration
PKoloncc has administered several Mediations, Dispute Resolution Boards and Third-Party Recommendations in Canada and internationally, including light rail projects, highways, and hospitals. Experience has taught PKoloncc that you must expect all the possible scenarios and curved balls from the other side.
You must keep your arguments simple, with common sense and logical assertion of the facts which support your position, in mediation or other third-party determination (which may not be binding but generally brings about resolution).
PKoloncc will assist clients in preparing and presenting their position to a mediator or third party and determine the most effective way to present persuasive arguments.

Alternative Dispute Resolution by Mediation and Third-Party Recommendation
PKoloncc has administered several Mediations, Dispute Resolution Boards and Third-Party Recommendations in Canada and internationally, including light rail projects, highways, and hospitals. Experience has taught PKoloncc that you must expect all the possible scenarios and curved balls from the other side.
You must keep your arguments simple, with common sense and logical assertion of the facts which support your position, in mediation or other third-party determination (which may not be binding but generally brings about resolution).
PKoloncc will assist clients in preparing and presenting their position to a mediator or third party and determine the most effective way to present persuasive arguments.

Expert Reports for Scheduling Analysis
PKoloncc has, when appropriately appointed by legal counsel, provided an Expert assessment of the construction issues which led to Critical Delay and, based on a common sense approach as advocated by the SCL protocol, provided an Expert Analysis of the Critical Delay to a project including possible Concurrent and parallel delay paths.
This will be a common sense analysis of the available information involving the use of P6 Oracle software, but importantly includes an analysis of all the available contemporaneous records to give a 360-degree assessment of liability.