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Project Dispute Resolution
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It takes many forms, from project-phase analysis through litigation. In every situation, we provide accurate assessments and incontrovertible analyses.
Expert representation is an essential ingredient in resolving disputes. The process requires the integrated participation of: the principals, their counsel, their technical representatives - and the experts.
We have assisted shipowners, shipyards, and vendors to resolve disputes through Alternate Dispute Resolution mechanisms.
- Our participation in negotiations has often been the catalyst needed to bring about a resolution.
- At other times, we helped our clients achieve resolution in formal mediation proceedings.
- On a number of occasions, we have provided expert services and testimony in court and arbitration proceedings.
Sample Cases:
Agency's Delay Causes Shipyard Extra Costs, Recovered by Fisher Maritime
Fisher Maritime's client, a Canadian shipyard, was asked by a Canadian government agency to delay the already-started construction of several vessels while substantive design changes were made. The shipyard claimed the extraordinary delay caused direct losses as well as unrecovered overhead. Fisher Maritime assisted the shipyard in the organization of its records and the development of a Request for Equitable Adjustment. A mutually satisfactory resolution for several million dollars was negotiated. Provision of Engineering for PAX Ship Conversion
A passenger ship was to undergo a moderate conversion. The shipyard perceived that the owner was providing engineering after contract signing, but the engineering that arrived from the owner's naval architects fell far short of the anticipated scope of information. Dr. Fisher served as chairman of the arbitration panel in this dispute of about $12 million. Several other issues were in dispute as well. The timeliness and completeness of the Owner's engineering was addressed by the arbitration award. One of the parties contested the award in federal district court and the U.S. Court of Appeals, both of which upheld the award in its entirety. See more cases.
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