Sankhla & Associates is a single window expert consultancy group that provides interalia services in Damage Analysis, Insurance Claim Settlement Support and Analysis, Claims Analysis, Dispute Resolution, and Dispute Resolution Management, Pre-litigation Support, ADR Management and Litigation Support and handling.
Sankhla & Associates, has the expertise to provide our clients with the knowledge to properly manage and control the scope, quality, cost, schedule/program, and contract administration aspects of their projects and prevent/mitigate problems that may arise. We provide two pronged approach to any claim management , we work firstly to prevent problems that negatively affect our corporate client and secondly to resolve any such issues before they go out of hand. With our experience spanning nearly two decades, we have the qualifications, capability, know how, and credibility to properly analyze problems and disputes, establish “cause and effect” associations, and develop defensible and persuasive opinions relative to the responsibility for problems and resulting schedule delays and cost overruns.
We are a proactive, solution oriented full service Corporate law firm providing single window solutions to their clients. With our global footprints and pan India presence, strategic tie ups and associations with other Corporate law firms and professionals, we provide complete legal services to companies, businesses and corporations in the field of Insurance, Recovery and Debt Management, Corporate law Advisory, Securitization Laws, Alternate Dispute Resolution (ADR) through Arbitration and Conciliation, Intellectual Property Issues corporatespecially Trademarks and Copyright Laws, Labour Management as well as Property Management and Litigation Matters in Courts all over India. The Firm comprises of energetic and dynamic corporate lawyers, advocates, solicitors, counsels, IPR facilitators, management professionals and legal strategists with keen business sense who believe in giving personalized attention and imminent returns. Sought for our fire fighting and strategic solution capabilities, we have been retained by various multinational and international clients to watch and protect their interests.
We assign senior level consultants with extensive experience to perform, advise, analyses and conduct, mediation, arbitration, litigation, or other ADR forums if resolution through negotiation is not achieved.
We can support in better management of projects/ claims by adding value by providing following services:-
Preparation and Compilation of Claim Documentation- We study the claims in depth with techno-legal point of view and list out the deficiencies/ shortcomings in documentation. We work closely with your contracts/ project team and extract all necessary information/ supporting papers required to complete the claim documents. Prepare the claim reports incorporating graphical tools making it easy to understand even for a non-technical person. We present the management with our independent opinion on the extent of quantum and tenability of the claim to give them a ball park understanding leaving the final decision always on the management. With our knowledge and expertise we make sure you are always ready for any corporate Arbitration or Litigation, giving you an edge during pre-settlement and Settlement Talks.
Delay and Schedule Analysis- We can prepare Analyses Reports to Quantify Delay, Time Extension and to safeguard Liquidated Damages imposed by the client. Thus we are uniquely placed to help our clients, find an early resolution of disputes by presenting airtight reports interalia on delay analysis and by satisfying all the queries of other party as may be raised from time to time.
Preparation of Pleadings, Applications, Analysis Reports, Expert Reports, Statement of Claims/ Counter Claims etc- Preparing of pre-litigation pleadings and pleadings like raising of dispute, Statement of Claims, Counter Claim etc. is a matter that requires in-depth knowledge of law and facts as well as the foresight to think ahead as this defines the nature and extent of damages which claimant would be fighting for during the rest of the arbitration process.
The Statement of Claims has to be complete and comprehensive during filing, since in most arbitration subsequent addition of claims are not allowed during the process, once the arbitration begins. We can help in identifying new claims (both technical and commercial) so as to cover the maximum extent of direct and indirect losses suffered by the company. In case our corporate client is a Defendant, we help in identifying and raising the counter claims against the claims raised by the Claimant.
Third Party Independent Assessment- We provide third party independent valuation of the claim by Micro Observation and detail analysis including cost related dimensions and conducting independent valuation. The purpose of this exercise is to give a fair idea about the actual value of claim raised by the company. This exercise is especially helpful where the claims are raised by a different set of a vertical of the company.
Quantum and Damage Analysis- We conduct a thorough analysis studying the background, reasons for damage, areas affected and help or clients prepare extensive and all comprehensive report with quantum and cost calculations for the same. These reports, as per instructions of the corporate clients can be helpful in settlement of damage claims with clients, insurance companies or even for taking tax benefits from the Government.
Handling of all contractual matters and contract Management Service- Sankhla & Associates is regularly engaged on standalone or combined responsibility basis for handling all contractual matters including drafting, vetting, negotiating, interpreting, preparing and arguing for Extension of Time, Change of Scope, Penalty, Liquidated Damages, Force Majeure, Suspension and Termination, Jurisdiction, 3rd Party Interference, etc. Contract Management Service can also be sought by the client for overall contract management during the project life cycle. This service includes identifying the deviations from the contract and adherence to time lines. We also suggest our clients on how to deal with the deviations and try to settle escalation of issues at this stage itself. This helps in minimizing the legal confrontation for settlement of disputes at later stage. We can also prepare draft replies to all the contractual letters from the client and for all the situations where there could be a possibility of deviation from the contract terms in terms of time and money. This exercise helps our clients in building a strong case to put up for settlement during later stages of the contract.
Arbitration & Legal/Litigation support Services at National and International level- Sankhla & Associates has extensive experience in handling the arbitration at both Domestic and International levels. These have been high ticket disputes. We provide Single Window Solution to contractual, arbitration & litigation requirements for our clients.
Educating and Partnering- Our experts are regularly invited by Media Houses, News Channels, Think Tanks, Media and Business Houses for interaction and discussions on Indian Laws, understanding and interpreting corporate laws and judgments, Project Management Seminars, Claims Prevention Training Seminars and for Reviews and Critiques of Contracts/Proceedings and Laws
Insurance Claims Analysis- We also have experts for Evaluation of Property/ business Damage Claims due to Fires, Explosions, Floods, and Other Covered Events, Risk Assessment/Probabilistic Determination of Potential Claim Settlement Values, Monitoring of Schedule Performance, Insurance Claim Settlement Support Arbitration/Litigation Support, Consumer Disputes etc.
The firm has dealt with top most colonizers, builders and Mall Owners and it’s strength in hospitality industry is clear as it has managed more than 100 properties pertaining to Restaurants, Pubs, Heritage and Five Star Hotel Chain as well as top class hospitals. Our clients amongst others include Spice jet Airlines, MDLR Airlines, Shimizu Corporation, Corporate Services (Kotak Mahindra Insurance), Alchemist Ltd. (Hotel, Restaurant, Hospitality and Hospital Divisions), Toubro Aviation, D’Paul’s Travels and Tours, Under One Roof (P) Ltd, US Dollar Store etc.
We have also represented the Government of India, Directorate General of Hydrocarbons, Ministry of Petroleum and Natural Gas and handling interalia international Arbitration at London, United Kingdom, Singapore and pertaining to Malaysia.
WE believe that in order to attain excellence as attorneys, we need to gain an in depth understanding of our client’s business and be their Partners In Progress.
The core values of our firm are Excellence, Enterprise and Ethics. We persevere to set the highest standards for ourselves and imbibe these core values among all our associates.
OVERVIEW
Sankhla & Associates with it’s years of experience has developed a “Phased Approach Standardisation System” (PASS) work plan for providing claims management and settlement services. The PASS system Phases the assignments beginning from quantifying and analysing the work already performed by our corporate client, and thereafter handling documentation management to ensure the availability of proper and complete project documentation, analysing and understanding the issues in dispute including processing and analysing “Overt And Covert Disputes”, the “time frame management” and “limitation analysis” and thereafter documenting timelines up-to dispute resolution/ Alternate Dispute resolution (ADR)/ litigation schedule.
PASS methodology permits providing clear Standard Operating Procedure (SOP) Modules and clear time lines, coupled with “Micro and Macro Management” (MMM Approach) of issues while controlling the cost for deliverables. This also permits constant interactions and brainstorming with our clients to constantly fine tune and make necessary adjustments to our processes looking into the ground reality and ever changing environment.
“PHASED APPROACH STANDARDISATION SYSTEM” (PASS) WORK PLAN
PASS I- QUANTIFYING AND ANALYSING THE WORK ALREADY PERFORMED BY OUR CLIENT,
During PASS I, upon understanding and discussing the overview of the assignment, we understand the project or issue orientation and do a preliminary review of the documents as are provided by the client. This may include review and discussions on any contracts, communications, issue or dispute documents, pleadings, claims, statements of arbitration, and may also include Client Side Documents (CSD Maps), owner statements of defenses and counterclaims.
While performing a preliminary review of the relevant documents prepared by the client and depending on the scope of our assignment, the documents that we often review as SOP include, interalia , documents describing scope of work, terms of engagement, Initial contracts and communications and document that form basis for the contractual relationship that was developed, documents and communications that were used to develop the control budget, pre-contract correspondence and meeting minutes, the contract terms and conditions, execution phase correspondence, meeting minutes, monthly progress reports, job cost reports including control budgets and monthly cost reports, videography and photographs (if available), pay requests and invoices, change orders, requests for information, submittals, material delivery records, subcontracts, and any other relevant documentation.
PASS I includes site visits and interviews and discussions with key personnel.
This exercise is exhaustive and enables the client as we as the firm to better understand the issues at hand and substantially reduces document management and file management which are required for issues and claims settlement. After we have performed a preliminary review of the available documentation, we prepare preliminary observations and recommendations regarding the claim and counterclaim issues, including our preliminary observations and opinions on the relevant issues. Thereafter, we also develop PASS 2 work plans, schedules, and budgets corresponding to the scope of work necessary to meet our client’s objectives. We then discuss our proposed tasks to ensure that our approach is consistent with our client’s needs.
PASS II- DOCUMENTATION MANAGEMENT TO ENSURE THE AVAILABILITY OF PROPER AND COMPLETE PROJECT DOCUMENTATION,
PASS II is a crucial stage in claims management and dispute resolution as it involves Document Database Development Management (DDD Management) and advisory to the client on the nature of documents that are required to fill gaps which may wrongly be taken as loopholes. Upon preliminary analysis, the we perform tasks required by our client keeping in mind the timelines and settlement procedure as may be instructed by the client.
PASS II also requires creating hard copies and soft copies of all documents which also include:
electronic or clean hard copy versions of the documents for translation to English.
Optical Character Recognition (OCR) software is used to convert the hard copies to electronic files for automatic translation followed by human translation clean-up.
Computerized Document Database Systems
Graphics and Multimedia Presentations Conversion
In addition, other potential PASS II tasks often include DDD Management, Contract Analysis, Review of Invitation to Bid, Job Instructions, Procedures, and Contractor’s Proposal, Review and Prepare (as required) a List of Problems and Issues for Claims and Counterclaims, Review Approved and Unapproved/ Outstanding Change Orders.
Thereafter depending on the scope of work we may also prepare a Preliminary List of Delays as claimed, Identify, Organize, and Review Schedule-Schedule Analysis Methodology in any Submitted Claims and Identify and Review Key Schedule Information.
Other necessary documents as submitted or as may be sought and received are also reviewed including Identify, Organize, and Review Contractor’s Man-hour Data, including Control Budget Planned Man-hours and Actual Man-hours and Develop Summary Schedule Variance Comparisons. We further make various analysis reports which may include Macro Man-hour Variance Analysis, Macro Quantity Variance Analysis, Macro Labor issue Analysis, Macro Cost Variance Analysis and Develop Phases III and IV Work Plans, Budgets, and Schedules.
Upon completion of PASS II, we provide Overall Assessment of the Strengths and Weaknesses of Issues on the basis of data provided to us and analysis of documents as are available at this stage.
PASS III- ANALYSING AND UNDERSTANDING THE ISSUES IN DISPUTE INCLUDING PROCESSING AND ANALYSING “OVER AND COVERT DISPUTES”,
PASS III is conducted after performing a preliminary analysis of the documentation and technical, schedule, and cost issues. We then perform detailed analyses that support opinions expressed in our advisory. PASS III has various reports, analysis and advisories which are in consonance with our preliminary findings, but may further be varied upon change in circumstances, or may be further tailored to the express needs of our client, and upon analysis of the actual scope of work and opinions/ advisory required, and adherence to timelines to ensure time limitations and deadlines of the Settlement, ADR, arbitration/litigation are strictly adhered to.
PASS III may interalia include preparation of Issue Packages for Claims, Counterclaims and Disputes. Dispute management is a critical field wherein we discuss and advise our clients on the obvious and behind the curtain disputes (overt and covert disputes) and also help prepare Claim Issues/ Counterclaim Issues, strategy sheets, preparation of Issue Summaries/Proof Charts, Detailed Narratives with Document References. Upon instructions, we can also prepare Cause-Effect Relationship analysis sheets, Schedule Activity Start and Duration Variance Tables, Detailed Schedule Analysis, List of Delays/Finalize and timelines of the same including Delay Information. This may further be elaborated by advisory to Identify Responsibility for Activity
Start and Duration Delays with Detailed Schedule Analyses in words and in tabulated form and further preparation of Schedule Analysis Graphics and Detailed Damages Analysis.
We have the ability and experts to analyse claims involving disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, procurement problems, deficient project management performance, property damage, advance loss of profits, delayed startup and business interruption damages.
The Detailed Damages Analysis is especially helpful to clients as the same provides adequate detail and supporting spreadsheets explaining concisely the amount of the claim and/or counterclaim, damage analysis where we endeavor to calculate specific damages for each problem if possible from the data available.
PASS IV- “TIME FRAME MANAGEMENT” AND “LIMITATION ANALYSIS”
We provide our clients with strong advisory pertaining to time frames to be adhered for all communications as well as the replies to be filed/processed or delivered. Time Frame Management is the single most important function that ties all efforts done in PASS I to PASS IV to ensure best claims processing and settlement practice leading to negotiation/ADR/ Arbitration/ Litigation.
This stage includes Documenting Timelines which start from beginning of the relationship, incorporating all necessary and documents as well as major time frames backed by necessary documents and evidences which go UP-TO DISPUTE RESOLUTION/ ALTERNATE DISPUTE RESOLUTION (ADR) and with a strict LITIGATION SCHEDULE, prepared to ensure that our clients are always ahead of the curve.
The List of Dates Structures and Time Lines provide easy access to our clients to understand the major points, dates as well as limitations on claims or counterclaims raised which are necessary to protect claims and counter claims and an integral part of Arbitration and Litigation Support.
PASS V- REPORT, ADVISORIES AND PLEADINGS PREPARATION
The work products resulting from our detailed analyses may take many forms, including but not limited to claims/requests for equitable contract adjustments, reports supporting the defendant’s positions against claims, PowerPoint presentations, or expert reports and/ advisories. Various such documents are referred to and reports are prepared which form integral part all settlement procedures/ ADR/ Arbitration or litigation. The reports are also used extensively for expert reports which may be required for arbitration or litigation. The reports may also be required for preparation of pleadings, claims, counter claims, rebuttals and miscellaneous applications.
Reports and advisories also are foundations to critique the reports of other experts. In addition, some arbitration require that opposing experts or counsels meet in an attempt to narrow the issues and come to an understanding for at least few of the disputes, as may have been raised. Reports are usually required to document this effort. This stage may also require advisory and assist Preparing Draft Claims, Review with Client on Draft Claim, Documents/Presentations/Reports, Prepare Final Claim Documents, Presentations and Reports as may be required from time to time.
PASS VI- NEGOTIATION, SETTLEMENT OR DISPUTE RESOLUTION/ ALTERNATE DISPUTE RESOLUTION (ADR)/ LITIGATION SCHEDULE
The culmination of PASS I to PASS V usually leads pre settlement negotiations and claim settlements. This requires extensive knowledge of issues at hand, the claims and counter claims, limitations, Point Of Concern (PoC). Failing pre-settlement negotiations/ mediation and thereafter claims settlement, PASS VI by design moves towards complete Arbitration/ Litigation support, as required.
Other tasks that our clients may request to perform during arbitration or court proceedings may include developing raising of dispute, develop Requests for Arbitration, developing Detailed Memorials/Statements of Claim for Arbitration/ developing Detailed Responses and Counterclaims, Assist with Settlement Negotiations, Prepare Presentations for Use at Mediations, Assist with Developing Document Requests from Opposing Party, Assist with Developing Deposition Questions and cross examination for Opposing Witnesses, Assist with Developing Interrogatories, Assist with Preparing Witness Statements, Prepare Issue and Event Timelines, Prepare Graphics for Technical Issues, Prepare Multimedia Graphics Presentations for Use at Trial or Hearing, Prepare Document Indices, Attend Arbitration Proceedings/ litigation and Court dates Depositions as Requested, Perform Other Tasks as Requested by Our Clients.The list is endless and limited only by client’s requests and we pride ourselves to be a Single Window Multi Services corporate Firm.
We assign senior-level consultants with extensive and necessary experience to perform the analyses and handle mediation, arbitration, litigation, or other ADR forums if resolution through negotiation is not achieved.