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06, Advisory, Rev A, Post-completion

Dispute avoidance and resolution support

Entitlement and quantum positions, without prejudice papers and negotiation strategy, prepared alongside your lawyers before a dispute hardens.

When to call
When positions harden and a dispute looks likely, before the lawyers are fully engaged or alongside them.
What you receive
Entitlement and quantum positions, position papers and negotiation strategy, prepared alongside your lawyers. This is Advisory work for your side: we do not also act as the independent expert in the same dispute.

Where this service sits in a project

  1. Tender
  2. Award
  3. Delivery
  4. Completion
  5. Final account
  6. Dispute

Fig. 1Dispute avoidance and resolution support against the life of a project, with the other services behind it.

Source: SUMIT services, as at October 2026. Indicative: every project differs.

What the work covers

  1. 01position papers
  2. 02negotiation
  3. 03settlement support
  4. 04claims reports under privilege
  5. 05shadow expert support

How it runs

Prepared alongside your lawyers.

  1. Step 01

    First call and capacity check

    The dispute, the contract, your lawyers and the deadlines; a conflict check and confirmation we act for you in an Advisory capacity.

    • Other side NOD 01 · notice of dispute
    • Your side ENG 01 · engagement
  2. Step 02

    Read the record

    The contract, correspondence, claims, assessments and programmes.

    • Your side REC 01 · record index
  3. Step 03

    Position

    An entitlement and quantum position, with its strengths and gaps, prepared under privilege where your lawyers direct.

    • Your side POS 01 · position paper
  4. Step 04

    Negotiate

    Without prejudice papers, meeting support and the figures behind any settlement.

    • Other side WP 01 · without prejudice paper
    • Your side WP 02 · without prejudice paper
  5. Step 05

    Settle or escalate

    Input to the settlement terms, or a handover to your lawyers and an independent expert if the matter goes further.

    • Both parties If it settles: TS 01 · settlement terms
    • Your side Or, if it goes further: HO 01 · handover to your lawyers and an independent expert

Fig. 2A dispute's documents, from the first call to settlement or escalation, prepared alongside your lawyers.

Source: Illustrative. Advisory throughout: SUMIT does not act as a party's adviser and its independent expert in the same dispute.

Timing depends on the matter. Contact SUMIT to discuss yours.

Selected work

  1. 01

    Negotiated the valuation and calculation positions on which both sides' senior leadership settled John Holland's COVID-19 claims on Waterloo Station by deed.

    Waterloo Station, Sydney Metro City and Southwest

  2. 02

    Contributed to claims reports under legal privilege for Goldwind on two wind farms worth $600m and $850m.

  3. 03

    Set out termination, step-in and scope removal options for CDC Data Centres on an $80m data centre.

Where a value is given, it is the contract value of the project or package worked on, as published or contracted, not SUMIT's fees. A claim value is the amount claimed.

Fees and engagement

Table 1How this work is usually charged.
BasisUsed for
By the hourAd hoc advice, contract questions and reviews, billed by the hour
By the dayShort-term support or a long-term role embedded in your project team

Other engagement models are on the Advisory page.

Speak to a director

Facing a notice, a claim or a payment deadline? Call Malachy on 0452 549 257.

Discuss your project

Written by Malachy Mullin, Director. Last reviewed 13 October 2026.