Case studies

The scope of performance

The work of the CAS Team concerned a “turnkey” construction including: designing, manufacturing, delivering, assembling, commissioning, optimization and handing over of a complete gas-steam unit with one gas turbine, one condensing or backpressure steam turbine with a pseudocondensation system and a recovery boiler in the single or double system.

The CAS team prepared independent Expert Opinions at the request of a consortium of companies implementing the Agreement. These opinions concerned the extension of the completion date and the increase in the cost of building a new unit.

The subject of the quantum Opinion was the assessment of the increase in the project implementation cost due to the extraordinary and unpredictable increase in the cost of acquiring production factors, as well as the determination of the cost increase related to the extension of the completion date. The subject of the delay Opinion was to determine the impact of the COVID-19 pandemic on the timely implementation of the project.

As part of works CAS:

• Prepared an analysis of the construction market, both for the period prior to the submission of the Offer by the Contractor and the period of construction works implementation, and performed an analysis of market forecasts for the period in which the Contract is to be completed.
• Performed an analysis of the increase in the cost of the Agreement implementation resulting from the extraordinary and unpredictable increase in the cost of obtaining factors of production in terms of Labor, Material, Equipment, taking into account the change in cost that could be predicted by the Contractor and the Ordering Party, and the actual level of cost increase that occurred in the construction market from the moment the Contractor submits a Bid constituting a point of reference for the analysis in question.

The calculations prepared by CAS were the basis for determining the amount of the Contractor’s request, which was used in the lawsuit, and in the further course of the proceedings were analysed and negotiated by the Parties with the active support of CAS.