About Profacto

ProFacto is a specialist commercial consultancy supporting both employers and construction contractors working on major infrastructure projects. We prepare tender packages and follow this through to award of contract (or subcontract). During construction, we identify and manage Change, ensure notices, full contractual justification, supported quantum and impacted Work Schedules are submitted to demonstrate the validity and entitlement to adjustments to the Price, Work Schedule, and Completion Date.

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ProFacto is highly experienced in preparing claims when called in later in the life of the Project, reviewing correspondence and notices and carrying out forensic analysis of cost, resource utilisations, productivity, and Work Schedule impacts to support the evaluation of Change.

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Phil Fryer is the principal of ProFacto and has over 30 years’ experience in commercial management of major infrastructure projects including over 1,800Km of onshore pipelines, roads and bridges, offshore windfarms, energy from waste plants and steelworks. He has assembled and led teams to achieve successful outcomes on each project.

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Our team includes professionals who have worked on a wide variety of projects in Canada and throughout the world including engineers, project managers, contracts managers, project controls specialists and planners/schedulers.

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We have worked with many Experts and know the best people to bring on board if matters appear to be heading to dispute including Forensic Planners and Accountants, specialist design or geotechnical engineers and many more.

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We have prepared documentation for numerous disputes and supported contractors and their lawyers in mediations, adjudications, and arbitrations, including:

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• Arbitration on the EnBW Baltic 2 Offshore Windfarm in Germany under the German DIS Rules of Arbitration working closely with specialist construction lawyers in Bremen and Munich. Still awaiting decision from panel of three arbitrators

 

• Adjudications on the NMPP Pipeline Project is South Africa under an Engineering and Construction Contract (NEC3) Conditions of Contract.

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• Adjudication on Wylfa Power Station relating to two Horizontal Directional Drilled Crossings. The Contract was the Engineering and Construction Subcontract (with amendments). Eco-Drill was awarded over 95% of the claimed sum.

 

• Adjudication on Buxton Lime Industries Rail Sidings Widening for Rocklift a blasting subcontractor. Rocklift was awarded over 95% of the claimed sum.

 

• Mediation of disputes on the West East Link Main Watermain to the north of Manchester, UK. Claims had previously been prepared for J Murphy and Sons Limited against the Employer United Utilities.

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