The issues

On this construction claim on A4 Motorway in Poland, the employer and / or their agents denied the joint venture their entitlement to exercise certain rights under the contract.

In one instance this denied the joint venture the use of a technology (temporary works) that would have allowed the construction of a bridge over the river Wisloka by traditional means.

This refusal caused a move to construct the bridge by means of balanced cantilever and incremental launch techniques and delayed the time for completion until 2013.

Other events related to the execution of the earthworks and in particular the processing of regained site material for use in the construction of embankments.


Our appointment came late in the life of the contract and left very little time for the production of claims before the guillotine came down.

The initial challenge was twofold:

  1. An understanding of the contract requirements and how the Polish legal system operated
  2. The Polish language itself. The former was eased by English translations of the essential documents but nevertheless encountered difficulties associated with literal translations.

We resolved the latter, and in some instances part of the former; by drafting outline entitlement statements setting out methodology and levels of proof possible and attending workshops with representatives of the Joint Ventures legal team.

Thereafter, the production of claims faced the usual difficulties of linking cause with effect and proof.

Tungsten Capital Actions

After first understanding the issues we approached the need to produce claims in two work phases.

One small team addressed the gathering of facts and the records required for the demonstration of QUANTUM and the effect upon the time for completion.

In parallel with this exercise we researched the requirements of the contract and Polish law and thereafter wrote statements of entitlement setting out the basis of entitlement.

Once signed off the basis of that entitlement and the analysis of the effect was formulated into claims presented in English and later translated into Polish for the final submission.

The result

In August 2012 the joint venture issued a notice of termination under the contract.