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DISPUTE RESOLUTION SERVICES - CLAIMS AND EXPERT REPORTS

REVAY OFFICES · DISPUTE RESOLUTION CONTINUUM LO COST RESOLUTION LESS CONTROL MORE CONTROL I COST RESOLUTION. EXPERTISE LOSS OF PRODUCTIVITY STUDIES ... Calgary, Alberta T2P 2X6 T

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MONTREAL4333 St. Catherine Street West, Suite 500Montreal, Quebec H3Z 1P9T : 514.932.2188F : 514.939.0776E : [email protected]

VANCOUVER1040 West Georgia, Suite 440Vancouver, British Columbia V6E 4H1T : 604.372.1200E : [email protected]

OTTAWA2039 Robertson Road, Suite 230Nepean, Ontario K2H 8R2T : 613.721.6801E : [email protected]

CALGARY 715 – 5th Avenue S.W., Suite 418Calgary, Alberta T2P 2X6T : 403.777.4904E : [email protected]

TORONTO2255 Sheppard Avenue East, Suite 402Toronto, Ontario M2J 4Y1T : 416.498.1303E : [email protected]

WILMINGTON1105 N Market Street, Suite 1300Wilmington, Delaware 19801T : 302.427.9340E : [email protected]

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Revay and Associates Limited is an independent firm offering consulting services to the construction industry. Today, our personnel comprise approximately sixty professionals, primarily engineers, architects, senior technologists and other related professionals.

Founded in 1970, the firm has established a reputation as Canada’s leading consultant in the field of construction dispute resolution. Dispute resolution assignments represent about 60 percent of Revay’s work. In its over forty-five year history, Revay has been involved in the resolution of approximately 7,000 construction disputes. In addition to dispute resolution, the firm offers planning, scheduling, project management, contract administration and risk management services.

Our client base covers the entire spectrum of the construction industry including all levels of government, public and private sector owners, contractors, subcontractors and suppliers, architectural and engineering firms including EPCM firms, law firms, financial institutions and industry associations. Revay has carried out assignments throughout Canada and the United States, in several European, African, Asian, South and Central American countries, as well as in Australia.

A B O U T R E VAY

DISPUTE RESOLUTION SERVICES: CLAIMS AND

EXPERT REPORTS

Revay has prepared or evaluated close to 7,000 claims for both owners and contractors. The quality of our services stems from the professional competence, specialized knowledge and unique analytical approach that Revay has developed for preparing and evaluating client claims.

Our claims and dispute resolution services include:

» Claims Evaluation;

» Claims Preparation;

» Expert Reports and Testimony;

» Assistance to owners, contractors, as well as their legal counsel; and

» Alternative Dispute Resolution.

Our expertise is essential to perform:

» Loss of Productivity Studies;

» Document Management and Control;

» Preparation of Trial Graphics;

» Forensic Schedule Analyses;

» Change Order Analyses; and

» Damage Quantification.

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CLAIMS PREPARATIONWhether it is because the client does not have the required expertise or resources to allocate to this process, Revay can also be retained to prepare a claim on behalf of a client. Similar to the tasks involved when assessing a claim, preparing a claim usually involves developing a chronology of events, a demonstration of the cause and effect relationships of the dispute, a costing rationale and pertinent graphical illustrations.

EXPERT REPORTS AND TESTIMONY

Justices, arbitrators or other triers of facts charged with determining the outcome of construction claims may rely heavily on evidence presented in the form of testimony or reports by technical experts in the field. Revay’s professionals serve as experts in cases involving construction scheduling, schedule and delay analysis, damage quantification – with an emphasis on the analysis of impact cost, loss of productivity and construction management.

A SSISTANCE TO LEGAL COUNSEL

When not engaged as an expert, Revay’s professionals may be requested to provide technical assistance to legal counsels in preparing a case strategy. This assistance could include briefings about complex technical questions, or more direct involvement in collecting information, evaluating arguments, suggesting questions for discovery and cross examination, as well as preparing exhibits.

ALTERNATIVE DISPUTE RESOLUTION

Revay’s professionals have hands-on experience in all methods of dispute resolution and have acted as arbitrators or mediators, third party neutrals or dispute resolution board panelists in a wide range of disputes.

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CLAIMS EVALUATION

Revay’s flexible, two-phased approach to dispute resolution allows the client to control both the scope and cost of the claim assessment process. In the first phase, after reviewing the relevant contract and project documents, Revay presents the client with an assessment of the validity of the claim. With authorization to proceed to the second phase, Revay then undertakes a comprehensive analysis of all facets of the case. This typically includes developing a detailed chronology of events, a demonstration of the cause and effect relationships of the dispute, a costing rationale and pertinent graphical illustrations.

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LOSS OF PRODUCTIVITY STUDIES

Changes to the design, the introduction of additional work to the project or unexpected conditions can result in productivity levels that are lower than anticipated. Settling this type of dispute requires an understanding of the causes of loss of productivity and an ability to measure its impact, a field in which Revay has developed special expertise, particularly in the area of the cumulative impact of changes.

DOCUMENT MANAGEMENT AND CONTROL

The ability to quickly and efficiently retrieve factual information from documents is essential in developing and managing client submissions in construction litigation. Revay’s customized coding systems effectively manage the clients’ overall cases with ease.

PREPARATION OF TRIAL GRAPHICS

Revay takes its analytical results and consolidates them into visual formats to facilitate the understanding of challenging technical issues associated with construction claims. Revay’s visuals support written or oral testimony with a comprehensive representation of complex data.

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FORENSIC SCHEDULE ANALYSES

Delay, disruption or acceleration in the project schedule is almost always a factor in construction disputes. Seldom can a dispute be resolved without a schedule analysis. While many analytical methods are legally acceptable, they are not interchangeable; each has its own application according to the specifics of the project. Revay has spent years researching the most appropriate methods suited to the case in question, and continues to look for ways to improve their application.

CHANGE ORDER ANALYSES

Change orders are common on most projects, particularly in fast-track projects. Revay has developed a method of analyzing change orders on a case by case basis to evaluate their impact on the project.

DAMAGE QUANTIF ICATION

Central to dispute resolution is determining the amount of money a party may be entitled to receive from the other. The circumstances under which the damage occurred are decisive factors. Revay’s intimate knowledge of the construction process and of its cost structure allows us to provide a credible evaluation of a claimant’s entitlement.

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Our client base includes the entire spectrum of the construction industry, including:

» Federal, provincial and municipal governments;

» Public and private sector owners;

» Contractors, subcontractors and suppliers;

» Architectural and engineering firms;

» Law firms;

» Financial institutions; and

» Industry associations.

Our assignments comprise all aspects of construction, including:

» Commercial and institutional buildings;

» Mining and metals;

» Hydroelectric;

» Heavy civil;

» Road and rail transportation;

» Airports and maritime facilities;

» Industrial plants; and

» Other infrastructure projects.

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We are comprised of approximately sixty staff members, primarily of professional engineers, architects, senior technologists and other related professionals. The common denominator is that our professional staff are seasoned construction personnel, and collectively, have experience in various fields of civil, industrial, commercial and institutional construction. They have been drawn from sources as diverse as contractors, design firms and both public and private sector owners. When necessary, we supplement our resources from an established roster of experienced contract employees in order to add specific expertise. Our professionals frequently share their ideas and experience through the Revay Report, which can be found on our website, to educate the construction industry.

PROF ESS I ON A LS

MONTREAL4333 St. Catherine Street West, Suite 500Montreal, Quebec H3Z 1P9T : 514.932.2188F : 514.939.0776E : [email protected]

VANCOUVER1040 West Georgia, Suite 440Vancouver, British Columbia V6E 4H1T : 604.372.1200E : [email protected]

OTTAWA2039 Robertson Road, Suite 230Nepean, Ontario K2H 8R2T : 613.721.6801E : [email protected]

CALGARY 715 – 5th Avenue S.W., Suite 418Calgary, Alberta T2P 2X6T : 403.777.4904E : [email protected]

TORONTO2255 Sheppard Avenue East, Suite 402Toronto, Ontario M2J 4Y1T : 416.498.1303E : [email protected]

WILMINGTON1105 N Market Street, Suite 1300Wilmington, Delaware 19801T : 302.427.9340E : [email protected]

REVAY OFFICES

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D ISPUTE RESOLUTION S E R V I C E S - C L A I M S A N D E X P E R T R E P O R T S