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International Projects

Client: Joint venture investment consortium
Situation: A 500 room beach front 5 star international hotel including 3 storeys of condominium apartments located in the Caribbean was under construction and approaching completion when the project was hit by a category 5 hurricane. The hurricane caused extensive damage to the project, partly as a result of wind speeds causing damage together with flying debris, and also as a result of the sea surge which flooded substantial parts of the island and flooded the entire site and ground floor, together with all of the contractor’s temporary accommodation and containers of materials. Furthermore, the intense rain fall flooded down through incomplete roof apertures, causing extensive water ingress in to the heart of the building. A dispute arose with the projects insurers as to the extent of work required to be remedied as a result of the hurricane, and concerning how such work could be differentiated from other work caused by failures of the D&B contractor in respect of either design or workmanship. Probyn Miers undertook a thorough and detailed analysis, advised on the position, and prepared expert reports for the ICC International Arbitral Tribunal. We also prepared a forensic video fly-through of the project in order to illustrate to the Arbitral Tribunal the full extent of water penetration in to the building.
Action: Our investigations focused on numerous different aspects of the design and construction, including flat and pitched metal roofing, glazing and aluminium window systems, curtain walling, external walling and render, stone floor tiling, and integration of M&E.
Result:  Probyn Miers provided an expert opinion on the matters in dispute.


Client: Joint appointment on behalf of ICC Arbitral Tribunal
Situation: A member of Probyn Miers was appointed as the ICC Arbitral Tribunal Expert Architect for the purpose of investigating and reporting on an extensive schedule of more than 700 defects in this international hotel in Kiev, Ukraine. The hotel was required to be designed and built to meet a combination of European and International standards including Russian, Ukrainian and German standards.
 Action: During the course of several site visits we met with the parties and agreed a systematic process of research, investigation and opening up where required, leading to substantial agreement on many items. This included investigations in to the acoustic performance of internal walls, roofing and rain water drainage, external walling and render.
 Result: The hearing took place and an Award was published.



Client: Multi-national construction consortium
Situation: This case concerned a claim for non-payment of fees for the design and administration of employer’s variations in the construction of a major transport infrastructure project, involving disputes over the standard and timeliness of the design information provided.  Probyn Miers opinion was required on whether the architectural design work met the standard required by the contract and on whether the fees claimed for variations were reasonable.
Action: Probyn Miers provided opinions and advice.
Result:  Probyn Miers provided an expert opinion on the matters in dispute.


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