Welcome to CINDAR.cloud

Achieving Resolution with Technical Authority and Procedural Fairness

When construction and commercial disputes arise, prolonged litigation is rarely the most efficient or desirable path.  We are uniquely positioned to serve as neutral third party in structured Alternative Dispute Resolution (ADR) processes.  Leveraging decades of hands on commercial and contractual experience, we facilitate fair, fast and final resolutions as Adjudicator, Mediator and Expert Determiners.

We don't just understand the numbers and contracts - we design and manage processes to resolve them.

Adjudication - The Fast Track Decision

Adjudication is the statutory "pay now - argue later" mechanism for construction disputes, requiring a binding decision within 28 days.  We act as decisive Adjudicators bringing commercial practicality to this rapid process.

Our Role: We impartially manage the accelerated timetable, review submissions and issue a reasoned, binding decision on payment, time and contractual entitlement disputes according to the provisions applicable in your State or jurisdiction.

Your Benefit: Our approach preserves cash flow and project momentum by providing and enforceable interim solution, allowing parties to proceed while preserving the right to final arbitration or litigation if needed.

Mediation - The Evaluative Solution

Mediation is a confidential, without prejudice, process focused on finding a mutually acceptable commercial settlement.  We serve as skilled Mediators, guiding parties from conflict to agreement.

Our Role: We structure negotiations, facilitate open communication in joint and private sessions, and use our technical expertise and interpersonal skills to evaluatively reality test positions and explore creative settlement options.  We help parties unlock the deal that a court cannot order.

Your Benefit: We maximise control over the outcome, preserve business relationships and achieve cost effective, confidential, settlements tailored to the parties commercial interests.

Expert Determination - The Final Arbiter

For disputes  turning on specific technical questions of valuation, quantum or defined contractual interpretation, parties can appoint an Expert Determiner to provide a final and binding answer.

Our Role: We act as a contracted independent expert, investigating the defined issue through an inquisitorial process we design.  We deliver a conclusive determination based purely on our professional expertise and the evidence presented.

Your Benefit: We provide a definitive, binding, resolution on a discrete technical issue, often faster and more cost effectively than using other forms of dispute resolution, with a decision made by a specialist.

Why Appoint our Quantity Surveyors as Project Neutrals?

1. Process and Substance Expertise: We are not only ADR trained but also possess the deep technical knowledge to immediately grasp the core issue, ask the right questions and evaluate evidence critically.
2. Commercial Pragmatism:  Our decisions and guidance are rooted in the real world realities of project delivery, cost management and risk leading to workable, sensible outcomes.
3. Procedural Rigour: We ensure every process - whether the strict timetable of adjudication or the flexible framework of mediation - is conducted with fairness, transparency and efficiency.
4. Governance: Our neutrals are accredited and governed by world leading professional bodies for construction dispute resolution, ensuring the highest standards of integrity and competence.

Strategic Oversight for Contractual and Commercial Success

In construction and development, the contract is the blueprint for commercial success.  Yet without proactive and expert management, even the most robust agreements can become a source of risk, dispute and eroded value.  Our specialist Quantity Surveyors act as your dedicated "Commercial Guardian" implementing rigorous contract management frameworks tailored to the distinct needs of head contractors, sub-contractors, developers and public sector clients.

We move beyond mere "measure and value" to active stewardship, ensuring your contractual position is protected, your cash flow is optimised, and your commercial objectives are achieved from procurement to final account.

For Head Contractors: Managing Margin and Risk

We safeguard your profitability by meticulously managing the commercial interface between the main contract and your supply chain.

1. Upstream/downstream Alignment: Ensuring sub-contract terms are back to back with main contract obligations, closing liability gaps.
2. Main Contract Administration: Proactively managing valuations, change controls, extension of time applications and cost reporting to protect your entitlements under the main contract.

For Sub-Contractors: Securing Entitlement and Cash Flow

1. Contractual Advocacy: Reviewing and negotiating tender and sub-contract terms to mitigate onerous conditions.
2. Payment Application Management: Preparing robust, compliant applications and payment notices, and challenging invalid pay less notices.
3. Variation and Claim Management: Systematically identifying, quantifying and submitting variations, delay and disruption claims to secure your full contractual entitlement.

For Developers and Private Clients: Protecting Investment and Ensuring Value

1. Contract Administrator Services: Administering the contract on your behalf, certifying payments, authorising variations and ensuring contractor compliance.
2. Cost Certainty and Change Control: Implementing strict change order processes to evaluate the cost and programme impact of every variation before approval.
3. Risk Mitigation: Identifying potential commercial exposures early and advising on strategies to contain budget and protect against contractor claims.

For Public sector Clients: ensuring Accountability and Regulatory Compliance

1. Procurement and Contract Strategy: Advising on the most appropriate form(s) of contract that best suit public project requirements, emphasizing collaboration and cost certainty.
2. Robust Financial Governance: Maintaining impeccable records of valuations, commitments and expenditures to satisfy audit trails and Freedom of Information (FOI) requirements.
3. Objective Administration: Providing impartial, evidence based, certification and decision-making to ensure defensible use of public funds.

Our Core Contract Management Framework

1. Pre-Contract Strategy: Advice on procurement routes, contract drafting, risk allocation and tender documentation.
2. Live Contract Administration: Day-to-day management of payments, instructions, variations, cost reporting and programme compliance.
3. Change Management: Formalised processes for the identification, evaluation, agreement and implementation of variations.
4. Payment and Valuation Cycle: Management of interim applications, certifications, notices and retention mechanisms.
5. Risk Register Management: Dynamic identification, quantification and mitigation planning for commercial and contractual risks.
6. Dispute Avoidance: Early warning systems, regular commercial meetings and collaborative workshops to resolve issues before they escalate.
7. Close Out and Financial Account Management: Systematic negotiation and agreement of final accounts, ensuring a clean commercial closure.

Why Partner with Us?

1. Stakeholder Specific Insight: We understand the unique pressures, priorities and contractual levers relevant to your role in the project ecosystem.
2. Proactive not Reactive: We implement systems designed to foresee and manage issues, moving from firefighting to fire prevention.
3. Commercial Alignment: Our focus is always on translating contractual clauses into tangible financial protection and advantage for you.
4. Ethical Standards: Our advice is independent, conflict free and delivered with professional integrity in accordance with the ethical and professional standards established by our professional institution(s).

Building Capability, Reducing Risk, Enhancing Performance

In today's complex construction landscape, contractual knowledge is a direct driver of commercial success and risk mitigation.  Our expert led training and development programmes are designed to transform legal documents into practical, actionable, business tools.  Tailored for every tier of the industry, we build in-house capability that protects margins, secures entitlements and fosters collaborative project delivery.

For Head Contractors: empowering your Commercial Teams

Equip your project managers, site teams and commercial staff with the skills to proactively manage risk and profitability across the contract chain.

1. Dual-Contract Management: Mastering the alignment and administration of main contract and sub-contract obligations.
2. Practical Risk Transfer: Training on embedding back to back terms, managing notice regimes and effectively administering the supply chain.
3. Defensive and Assertive Administration: Workshops on protecting entitlements (extensions of time, variations) under the main contract while managing downstream liabilities.

For Sub-Contractors: The Sub-Contractor's Commercial Survival Guide

1. Tender and Contract Review Clinics: Practical training on spotting and challenging onerous clauses such as pay when paid, fitness for purpose, etc.
2. The Payment and Notice Regime: Essential skills for preparing compliant applications, issuing payment notice challenges and using statutory adjudication.
3. Claims Awareness and Preparation: Identifying, documenting and robustly presenting variation and delay claims to secure fair valuation.

For Industry Associations: Uplifting Sector Standards

1. Bespoke Courses: Modules on core contract forms.
2. Annual Update Briefings: Half day seminars on legal developments, case law impacts and emerging best practices in contract administration.
3. Specialist Forums: Facilitating peer to peer learning and problem solving workshops on common contractual challenges faced by members.

For Public Sector Clients: Ensuring Robust Governance and Compliance

1. Procurement and Strategy Workshops: Training client side teams on selecting the right contract and drafting clear, auditable scope and payment mechanisms.
2. The Role of the Client's Representative: Intensive courses on impartial administration, certification, change control and managing contractor's claims.
3. Audit and Compliance Focus: Embedding processes that ensure rigorous, defensible decision making and perfect audit trails for public expenditure.

Our Training Methodology: Theory into Practice

1. Bespoke Course Design: Developed from an initial training needs analysis, aligned with your specific contracts, projects and pain points.
2. Interactive Delivery: Featuring live Q&A, clause dissection, document drafting exercises and simulated negotiation role plays.
3. Practical Toolkits: Participants receive checklists, flowcharts, notice templates and clause libraries to embed learning from day one.
4. Post Course Support: Option for follow up 'surgeries' or moderated online forums to reinforce application on live projects.

Core Curriculum Modules

1. Foundations: Contract law essentials for construction professionals.
2. Deep Dives: Masterclasses in the commonly used forms of construction contract.
3. Payment and Cash Flow: Navigating security of payment legislation in each State and complex payment mechanisms.
4. Change is the Constant: Proactive management of variations and events giving rise to compensation payments.
5. Time and delay: Principles and practicalities of extension of time claims.
6. Dispute Avoidance: Early warning, communications and keeping projects on track.
7. Collaborative Working: The development of trust in working relationships.

Why Choose Our Training Services?

1. Practitioner-Led: All sessions are delivered on-line or in person by senior practising Quantity Surveyors who face these challenges daily.
2. Stakeholder Specific: Content is precisely calibrated to the commercial realities and pressures of your role.
3. Outcome Focused: Our goal is measurable improvement in contract compliance, risk reduction and commercial outcomes.
4. CINDAR CPD Accredited: Our programmes offer CINDAR CPD accreditation supporting continuous professional development.