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Thomas Koziarski Consulting (“TK Consulting”)
Contract and Claim Management Services
For your construction projects
Thomas – Koziarski Consulting Sp. Jawna
45-061 Opole, ul. Dekabrystov 21/2, Poland
NIP: 7542921450
fax: +48 77 440 41 87
e-mail: office@tk-consulting.net
Frank Thomas (Partner) contact details: Stanislaw Koziarski (Partner) contact details:
Email: frank.thomas@tk-consulting.net Email: stanislaw.koziarski@tk-consulting.net
Mobile Phone: +36 303 834 718 or +48 728 945 495 Mobile Phone: +48 602 571 603

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Our target is to tie your technical challenges to your financial success

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Who are we?
 TK Consulting is an independent and international consulting company specialized in the contract and claim
management of construction projects in European countries (Poland, Hungary, France, Serbia, Romania, Russia,
Slovakia, …)
 TK Consulting was founded by 2 civil law engineers Frank Thomas and Stanislaw Koziarski in 2007 well experienced
with providing contract and claim management services
 TK Consulting employs multi-cultural construction engineers and senior partners all well experienced in the project,
contract and claim management of construction projects locally and internationally.
 TK Consulting’s commitments
o Harmonization of technical and financial challenges
o Consolidated knowledge in contract and claim management through “in house” project synergies
o Supports real time preparation and negotiation of claims by implementing appropriate delay analysis and quantum
evaluation techniques
o Used to exhaust the entire contractual and legal process
o Used to employ recognized delay analysis and quantum evaluation techniques
 Our company networking in European countries and our well-structured project database enables us to be
internationally and locally efficient

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What do we do for your Project?
 Anticipation
o Project due diligence in order to ensure that risks have been properly evaluated, allocated and understood by
the Parties
o Improvement and validation of the Project programme baseline for progress monitoring and delay analysis
purpose
o Ensure that time and cost overrun is under control at the Project outset
 Execution support
o To ensure that contract management procedures are in place during the Project life time
o CPM schedules preparation/support and programme analysis
o Contract and claim management in real time by allocating a team of experts to your project
o Drafting key contractual correspondence
o Claims and Variations preparation by using appropriate quantum techniques
 Negotiation support
o Claim Requests/Defense/Expert Reports
o Quantum/Damages Analysis
o Compounded Impact Claims
o Better visualization of claim through graphics and multimedia presentations

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 Adjudication/Arbitration/Litigation
o Preparation of Parties position papers and hearings for Adjudication/Arbitration/Litigation proceedings
o Forensic Delay Analysis and quantum expertise by establishing cause and effect by using recognized CPM
analysis techniques

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The market trend in CEE countries: 3 examples
 TK consulting has been preparing and defending numerous Contractor’s/Employer’s claims through direct
negotiation, adjudication and arbitration
o Example No1: Bridge Project under FIDIC yellow book 1999 edition contract
o Example No 2: Subway Project under FIDIC yellow book 1999 edition contract
o Example No 3: Motorway Project under FIDIC red book 1999 edition contract

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Example No 1: FIDIC yellow book 1999 edition contract
 Bridge project over a river:
o Original Contract Price 33 Mio. EUR
o Original duration: 24 months
o Actual duration: 60 months (36 months’ time extension)
o Total amount of Claims and Variations prepared by TK consulting: 90 Mio. EUR
o Amount of Claim and Variations accepted by the Employer: 34 Mio. EUR
o Amount to be recovered through further litigation (adjudication and arbitration): 56 Mio. EUR
o Adjudication confirmed 40 Mio. EUR plus interest out of 56 Mio. EUR. Employer however refused to pay.
o Arbitration under preparation

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Example No 2: FIDIC yellow book 1999 edition contract
 Subway project (FIDIC type contract):
o Original Contract Price: 200 Mio. EUR
o Original duration: 33 months
o Actual duration: 62 months (29 months’ time extension)
o Total amount of Claims and Variations prepared by TK consulting: 80 Mio. EUR
o Amount of Claim and Variations accepted by the Employer: 20 Mio. EUR
o Amount to be recovered through further adjudication and arbitration: 60 Mio. EUR
o Adjudication was local and brought no result for the Contractor
o Arbitration ongoing. TK consulting was also entrusted with the preparation of the Forensic Delay Analysis documentation.
Example No 3: FIDIC red book 1999 edition contract
Motorway project 54 km (FIDIC type contract):
o Original Contract Price: 117 Mio. EUR
o Original duration: 24 months
o Actual duration: 36 months (12 months time extension)
o Total amount of Claims and Variations prepared by TK consulting: 70 Mio. EUR
o Amount of Claim and Variations accepted by the Employer: 53 Mio. EUR
o No litigation required

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Employer’s line of defense observed during adjudication/arbitration/litigation under FIDIC Contracts
 Defense No 1: Adopt the “wait and see” approach
 Defense No 2: Employers are also used to submit claims in order to reduce Contractor’s entitlement
 Not complying with a “binding but not final” DAB decision
 Using the time bar sub-clause in order to “demolish” Contractor’s claims
 Limiting Engineer’s determination power in respect of claims and variations
 Not consulting the Contractor prior issuing Engineer’s determination
 Using day work rates or breaking Price Centers under lump sum contract for pricing Variations
 Rejection of the Hudson/Edem formulae for pricing unabsorbed head office overheads
 Rejection of the "impacted as planned” method for evaluating time extension claim retrospectively
 Misusing the grey zones in the Contract about ownership of float
 Requesting the Contractor to demonstrate its EoT entitlement on the basic of its original baseline programme
 Referring to US and UK literature for undermining Contractor’s quantum methodology such as:
o Society of Construction Law Delay and Disruption Protocol printed in October 2002
o FIDIC Guide for practitioners (Dr Hoek and Mr Jaeger)
o Delay Analysis in Construction Contracts (P. J. Keane & A. F. Caletka)
o Construction delays – Understanding them clearly, analyzing them correctly (T.Trauner)
o Evaluating contract claims (R. Davison, J. Mullen)

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Typical Contractor’s project management mistakes under FIDIC Contracts:
 Consider contract and claim management services as “hostile” and contra-productive in his relation with Employer
 No proper Tender programme
 Preparation of “static” baseline programme for the purpose of reaching Engineer’s satisfaction (only)
 Most of Contractor’s baseline programmes are unfit for the purpose of time extension quantification
 No proper warning system about the tracking and reporting of claim event in real time
 No proper “ready to use” cost data base for pricing variations and claims
 Fear to report on contractual matters to supervisory board in real time
 Simplistic Cash Call strategy (Build until project cash has been exhausted and ask for more cash when you need it)
 No proper “as built” programme record
 …

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Integrate TK Consulting contract and claim management services in your project organization
TK Senior Contract
Manager/Partner
TK programme expert
(scheduler/delay analyst)
TK Contract Manager on Site +
TK office assistant
TK Claim manager on Site
o Depending from the actual need on Site and after due consultation with your project team, the size and scope of the
contract/claim management team will be adjusted to your project requirements.
o Regular training of Site staff on contractual Parties’ obligations
o Preparation of the key contractual correspondence in compliance with contract terms
o Preparation of a “real time” change event tracking system
o Preparation of “dynamic” baseline programme, subsequent update and “as built” programme
o Preparation of Change Orders and claim documentation
o Negotiation of claim and variations with the Engineer/Employer
o Participation to monthly and weekly construction meeting (“contract and claim management team integration”)
o Monitoring and reporting regularly on the status of Change Orders and claim documentation
o Developing and maintaining a sound archiving system for all claims and variations
o Preparation of “back to back” subcontract head of terms
o Using convincing visualization techniques for demonstrating Project changes during claim negotiation
o Preparation of Contractor’s position papers for adjudication in accordance with international practice
o Preparation of prospective/retrospective forensic delay analysis

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Typical TK Consulting services in contract and claim management:
o TK Consulting provides regular internal and external training:

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o TK Consulting prepares and monitors the entire key contractual correspondence per claim event:
Overview of the correspondence exchanged between Contractor and Engineer/Emp[loyer in respect of
the implementation and evaluation of Variation No XX

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o TK Consulting prepares the “dynamic” baseline programme, update and as built programme fit for the purpose of prospective
and retrospective delay analysis
 Track and update the critical path by injecting Employer’s Delays in real time (prospective delay analysis)

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o TK consulting archives all relevant correspondence and claim documentation:
 Collect and concentrate all the relevant claim documentation in one place

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o TK consulting is able to track “measured miles” and to prepare loss of efficiency claims
 Need to monitor and record activities of workers each month

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 TK Consulting prepares prospective/retrospective delay analysis by selecting appropriate CPM technique
With MS Project scheduling software

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With Primavera scheduling software

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 Apportionment of the delays between Employer and Contractor

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TK Consulting’s cost:
 Our costs are fully transparent and are based on agreed monthly or daily rates of our contract specialists employed to
manage your Project
 Our costs are usually marginal in comparison to the total project costs and the successful settlement of claims and
change orders in real time.
 The “Value for Money” of our contract and claim management services is based on our large and consolidated
experience acquired on numerous construction projects across Europe.

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Our last project references: Contract management services performed for
- Design and construction of a biomass plant in France (FIDIC)
- Design and construction of an Express Way in Slovakia (FIDIC)
- Design and construction of a Flash Smelting Furnace and Sulfuric Plant in Serbia (FIDIC)
- Design and construction of a gas power plant in Poland
- Construction of a nuclear research center in Romania
- Turnkey Motorway Project (PPP) realizations in Poland and Hungary
- Numerous design and construction of Motorway Projects in Poland, Romania, Hungary and Serbia (FIDIC)
- Design and construction of Metro Project in Hungary (FIDIC)
- Design and construction of tramway Projects in Poland (FIDIC)
- Design and construction of Toll System facility for Motorways in Poland (FIDIC)
- Construction of airport facility in Russia (FIDIC)
- Design and construction of water treatment plant in Romania (FIDIC)
- Tender preparation of the urbanization of Monaco on the sea (FIDIC)

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Conclusion: Anticipate and secure the financial success of your projects by hiring TK Consulting services
as follows:
 Risks analysis prior (or after) signing any international/local contract
 Real time contract administration by integrating TK experts team in your Project organization
 Claims preparation and analysis by implementing appropriate claim resolution methodology
 Delays, Disruption, Loss of Productivity and Acceleration Analysis with expert report
 CPM programme preparation/analysis (baseline, update, as built)
 Delay analysis by using appropriate CPM techniques for calculating time extension entitlement
 Negotiation of claims and variations with Parties’ representatives on regular basis
 Preparation of Parties’ position paper documentation for adjudication/arbitration/litigation process
 Forensic Delay Analysis (FDA) with appropriate scheduling software and professional CPM
techniques as well as cost quantum documentation by apportioning the delays between the Parties
 Preparation of cause and effect matrix
 Preparation of visualization tools for making disputed claims easier to understand by third party
 Regular training in contract and claim management for your project staff