The client

A joint venture comprising the designer Kellogg Brown and Root and Vesta Wind System in a time increase claim.

The issues

The joint venture had the progress of their works delayed at the design stage by matters for which the employer was responsible under the contract.

The joint ventures own attempts to obtain an extension of time for power on and completion dates failed to move the engineer.


It was clear from the outset that the quality of records with which to produce the required factual analysis would prove difficult. The execution of the works generally speaking had three phases of work:

1) design; which had had inadequate records
2) off site production of piles and substation. Records were in the hands of subcontractor’s and generally unavailable.
3) the installation works within the East Irish Sea, which provided exceptional records produced by the marine based spreads.

Tungsten Capital Actions

We quickly established actions for the members of the joint venture’s team and through their efforts produced records of sufficient quality to permit the production of a factually based as-built programme.

The records at point two above proved to be of limited value given that we could establish independently the delivery of the design at one end and the delivery of the finished component to site at the other.

The result

The completed as-built programme within which the events complained of featured was signed off in one sitting with representatives of the employer and the engineer and after a series of collapsing exercises the joint ventures entitlement to time increased and completed by agreement.