ESSCA BROCHURE Final

CONTRACT, CAPABILITY STATEMENT CLAIMS & PROJECT MANAGEMENT SOLUTIONS ESSCA CONSULTING LLP | CAPABILITY STATEMENT www.esscaconsulting.com

ABOUT ABOUT US ESSCA Essca Consulting is a global consulting firm providing specialized contract, claims & project management and dispute resolution services to the construction and engineering industry to both public and private sectors. We partner with our clients from start to finish and ensure that all of our clients receive a truly high-end service, focusing on outstanding commercial results and developing effective strategies and designing high quality and scalable solutions. Our dynamic and driven team has over 100+ years of collective experience across multiple industries including construction, infrastructure, power, highways, mining, oil and gas. “We are what we repeatedly do. Excellence then, is not an act, but a habit.” ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

WHY WHY US ESSCA  In-depth industry expertise on complex infrastructure projects.  An independent outlook on construction and project disputes.  Ability to combine legal, technical, contractual, financial and economic solutions.  Highly experienced and trained specialists.  Confidence generated by a focused, robust and dynamic strategy.  Cost-effective solutions.  A balanced view of risk and reward by concentrating on the key issues.  Relevant professional experience including engineering, construction management, valuation, accountancy expertise as well as technology specialization. We help clients Anticipate, Navigate, Avoid & Resolve Conflicts! ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

WE WE SERVE Sectors SERVE  Hydro Power  Infrastructure Projects  Thermal  Renewable Energy  Bridges & Highways  Mining  Construction  Oil & Gas Clients  Government Organizations  Public Sectors  Project Developers & Owners  Contractors  Sub-Contractors  Consultants  Attorneys ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES OUR SERVICES 01 Tender & Bid 07 Dispute Resolution Management & Litigation Support 02 Project 08 Expert Management Witness 03 Contract 09 Quality Management & Assurance & Administration Audit 04 Planning & 10 Planning & Scheduling Scheduling 05 Claims 11 Lender’s Management Engineering 06 Delay Analysis & 12 Training & Compensation Claims Development ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES TENDER & BID MANAGEMENT SERVICES Essca Consulting offers a complete range We have a team of experienced, expert of services spanning the full tender life and dedicated Tender Consultants who cycle. Whether you need help with a work with you and ensure a smooth specific tender submission, bid process bidding process by helping you track optimization or staff capability building, tenders, study lengthy tender documents, our industry experts are here to help. We prepare ‘Tender Short Summary’, carryout also offer bid search service, to ensure ‘Risk Analysis’ to identify contradictions, that you are aware of all the best tenders grey areas and particular risks that are and opportunities. We can also provide likely to lead to conflict or dispute, consultations in strategy, training and conduct site visits, raise pre-bid queries, capability building. We strongly believe attend pre-bid meetings, find that our role is not simply to prepare or JV/Consortium partners and sub- to respond to tenders but to support our contractors, prepare cost analysis and clients to win contracts. estimate and prepare document for tender submission online and offline. We ensure that all tender requirements are fulfilled and that the tender is fully compliant. We help out in identifying key factors required to win and formulate strategy so as to strengthen your competitiveness and success in bidding process. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES PROJECT MANAGEMENT SERVICES The success of any project with respect Some of the project management services to cost-effectiveness, schedule compliance, safety, operability, and that we can provide are: maintainability depends on the project • Development of Project Policies management capabilities and advanced • Analysis of Technical Issues monitoring skills. Essca Consulting • Pricing of Change Orders understands the needs of its clients in • Analysis of Contract Language the successful delivery of projects and • Quality Assurance Reviews offers a comprehensive project • Cost and Schedule Risk Analysis management capability including • As-Planned Schedules and Updates portfolio, program, project management • Documentation Control and Tracking and Engineering Procurement • On-Site Cost and Schedule Control Construction Management (EPCM) • Project Reviews & MIS services and support. • Contract Administration • Cost Estimate and Forecast Reviews Essca Consulting offers comprehensive construction project management consultancy services encompassing all aspects from concept to completion. Our broad project management experience ensures your project and design team stay organized and controlled and that your project is always well-scheduled and properly budgeted. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES CONTRACT MANAGEMENT & ADMINISTRATION Successful outcome of a project relies Essca Consulting provides comprehensive heavily on the successful management and administration of contract to contract advice and have expertise in: effectively deal with the risks encountered during the construction  Review of contract documents and phase. Our team specializes in management of commercial aspects of identifying potential risks. construction projects of any size across  Constantly monitor project progress all sectors including highways, metros, oil  Identify probable bottlenecks and and gas and power. Our involvement from the onset of the project guarantees suggest solutions that our clients will successfully protect  Resolve contractual issues their rights under the contract and the  Claims Management – Identification. governing law thereof, throughout the performance of the contract. Analysis and Defense  Scheduling and Delay Analysis  Organize the correspondence with stakeholders  Assist in Dispute Resolution Process and Litigation Effective contract management and administration is the cornerstone of success in a marginal profit industry, where success often lies on the precise and timely interpretation of the contract and the law along with proper advice on pursuit of rights. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES PLANNING & SCHEDULING SERVICES A comprehensive project schedule is the ESSCA provides you with a fully resourced foundation for successful project and regularly updated construction management. It not only provides a basis schedule. Our services include for execution, monitoring and preparation, analysis and updating of controlling, and reporting but also offers baseline schedules based on actual a platform for measuring project progress. We identify risks, constraints progress and performance. The schedule and delays that may impact the project often becomes the contractor’s main time and cost objectives and through instrument for measuring schedule continuous analysis of those risks, delays, supporting time extension realistically forecast project completion. requests and reimbursement of time ESSCA uses latest versions of the related costs. Arbitration Tribunals and industry’s scheduling platforms such as Courts rely heavily on project schedules Primavera P6 and MS Project. ESSCA’s to assess time extensions and time- reporting protocols are customized to related compensation requests. client’s needs. Our planning and scheduling experts support you every step of the way, from bid stage to project execution to claims resulting in reliable schedule projections, delay management and support for dispute resolution, if necessary. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES CLAIMS MANAGEMENT SERVICES From helping you mitigate dispute risks in Our experts are highly skilled at explaining contracts and deals, to presenting the techno-commercial and legal issues in commercial and financial matters in legal simple, easy-to-understand terms when proceedings, to managing claims to presenting the results of our analysis in recover losses, we provide robust the forum required (Engineer, Mediation, knowledge from an independent DRB, Arbitration etc.). Our construction perspective to safeguard value in your industry knowledge provides clients with business . Essca Consulting provides the utmost confidence in our analysis and services in claim identification, explanation of nuances and details that determination of contractual entitlement, accompany construction projects during quantification and valuation of claims, any phase. We tailor our claims claim preparation, negotiation and, management services to suit your settlement. We also provide assistance in requirement, whether pursuing defending claims put forward by other entitlement or in defense and counter parties. claim. We possess the highest level of engineering and construction expertise to systematically deal with issues, claims and disputes that arise at any stage of an engineering and construction project, whether it is about design, construction, performance, time, money, variations or contractual matters. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES DELAY ANALYSIS & COMPENSATION CLAIMS SERVICES Delay and disruption is considered to be We understand the importance of the primary reason for the late construction schedules, baseline completion of projects and increase in programmes, control mechanisms as costs to all parties. No matter what the well as cost variations and can assist you causes of the delay(s) are, Essca in ‘Forensic Schedule Analysis’ to Consulting is able to assist its clients in determine the root cause of project delay and disruption analysis of the delays and its effect on schedule using an project for extension of time entitlement established schedule analysis technique and determination of cost compensation. that is appropriate for the particular Our independent analysis of delays and project under analysis. Our team cost compensation duly supported by members have dealt Extension of Time documentation can serve as the (EoT) claims for projects financed by objective evidence before the dispute World Bank, ABRD and other multilateral resolution forums, arbitration tribunals financial institutions and are well versed and courts. with FIDIC conditions. Essca Consulting are experts in the preparation of, or defending claims for time extension and the associated claims for prolongation costs, disruption claims and acceleration claims using Delay Analysis and dealing with the same in adjudication proceedings. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES DISPUTE RESOLUTION & LITIGATION SUPPORT SERVICES When resolution of dispute through Our engineering, contractual and techno- dispute resolution mechanism becomes legal skills coupled with our extensive the only possible means of settling project management experience, enable disputes, it is at this point that Essca our team of consultants to provide clear, Consulting provide tactical support and objective advice to our clients and their techno-legal assistance to our clients and legal advisors. Our team members carry ensure that the proceedings are with them the experience and expertise of advanced in a cost effective and efficient dealing more than 130 large value claims manner. We provide guidance and advice in Dispute Review Boards (DRBs) and through each step of the dispute numerous claims in arbitration and court resolution process and ensure of law. Our dispute resolution services are compliance of procedural aspects such comprehensive and include: Adjudication, as timescales, rules and matters, Dispute Resolution Board, Arbitration and submissions, roles and responsibilities, Litigation. attendance at hearings etc. complete. Essca Consulting provides full range of expert services needed to secure decisions in matters being resolved by formal court litigation, arbitration or through other ADR routes. Our programming, contractual and legal skills coupled with our project management experience, enable us to provide clear, objective advice to the contracting parties and their legal advisors. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES EXPERT WITNESS SERVICES The engineering and construction Essca team of technical experts has years disputes often involve complex issues, of experience in providing expert witness which require expert testimony/witness. services and working alongside law firms. Essca Consulting provides expert witness Our experts are appointed to assist services on engineering and technical arbitrations and to give expert impartial disputes like variations, change of opinion in mediations and adjudications. scope/specifications, design and Our reports are robust, supported by construction defects and latent failures evidence and backed by relevant and for infra and engineering projects. Our current industry knowledge. Plus, all our work as independent expert involves experts are accomplished in working preparation of independent expert collaboratively alongside legal teams to reports, rebuttal reports, joint expert progress your case as efficiently as reports, CPM schedule etc. possible. When you associate with Essca Consulting, you have access to a network of delay, quantum and technical experts who have the highest levels of professional credentials and direct industry experience, capable of offering impartial and unambiguous reliable testimony that often leads to settlement of cases. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES QUALITY ASSURANCE & AUDIT SERVICES Quality Assurance & Audit by third party Our QA consultants visit construction sites not only enhances the overall quality of a to review the quality of construction project but it also generates confidence activities and report risks and defects and amongst the stakeholders about the recommend improvement in quality acceptability of the final product. Essca wherever it is below acceptable norms. We Consulting offers comprehensive Quality also offer independent verification/audit Assurance & Audit services focusing on and inspection of all materials, parts, final testing and inspection services for large- products and plants – both off-site at scale construction and engineering manufacturers’ facilities and on-site during projects. Our quality assurance and the construction process. quality control services help you to We also undertake Environment, Health & ensure compliance with all contractual Safety (EHS) audit for large and complex specifications, mandatory regulations projects where in safety team identifies the and quality standards. various risk involved in project and proposes the mitigating plan. Essca Consulting offers unparalleled expertise and experience of diversified sectors to effectively plan and execute a project. Its leading experts provide maximum assurance and the ongoing quality of the final product, as well as identify poor workmanship and inferior products. For us, Quality is not an act, it’s a habit. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES LENDER’S ENGINEERING SERVICES The objective of an Essca Consulting provides Independent/Lender’s Engineer is to Independent/Lender's Engineering provide a complete assessment of Services to various Financial Institutions, the project on the basis of technical Government Bodies, Banks, Private and financial evaluation, so as to Equity players, Corporate Enterprises provide the stakeholder (the Owner, Non-Banking Financial Institutions etc. Lender or any other individual) the Our expertise in the fields of necessary assurance of suitability and construction contracts, procurement, viability of the proposed project. This planning, disputes and management is carried out through a techno- brings a quality, integrated, risk-based, economic due diligence. project-oriented service to our Clients based on lender’s special requirements, interests and considerations in financing a capital project. Essca Consulting offers a comprehensive range of ‘Due Diligence Services’ at the Pre and Post Financial Close of a Project to facilitate Lenders/Investors take right investment decisions. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

OUR SERVICES TRAINING & DEVELOPMENT SERVICES In today’s cutthroat recruiting and Training is imparted by experienced retaining environment, training is a professionals who are leaders in their proven path to update the knowledge fields, often with decades of practical base of the employees. Essca Consulting experience in the application of their provides ‘In-House’ Courses and subject. They have not only handled large organizes Workshops/Seminars as per and complex projects but have also client’s requirement. Our team has vast successfully dealt and resolved variations, experience in providing training courses claims and disputes, contractual issues, and Workshops on a variety of time and cost over-run cases and billing construction, contracts and engineering issues. We adopt interactive model of topics. These training courses have been knowledge sharing allowing participants designed to meet the requirements of to ask questions and engage in discussions Government Departments, Ministries, with the tutor and other delegates to Public Sectors, Project Owners, further increase their understanding of Consulting Engineers & Contractors. the subject. Essca Consulting team has vast professional experience and the knowledge gained from the projects is imparted through “in-house” training courses, workshops and seminars. ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021

LEADERSHIP TEAM LEADERSHIP TEAM Suresh C Agarwal Managing Partner Mr. Agarwal is a qualified Civil Engineer with more than 37 years of experience in diversified sectors ranging from infrastructure and heavy civil engineering, to mining, power sector and steel plants, both in India and neighboring countries. Prior to founding Essca Consulting, Mr. Agarwal was the CEO of SJVN Thermal Pvt. Ltd. and SJVN Power Development Company Pvt. Ltd, Nepal. During his tenure as CEO, 900 MW ARUN-3 Hydro project in Nepal and 1320 MW Thermal Project obtained all statutory clearances and investment approval from Govt. of India. He awarded major contracts valuing more than 1.5 Billion US Dollar for both these projects on EPC and item rate basis. During his long and illustrious carrier, Mr. Agarwal has worked at senior/top level positions with number of firms/PSUs in the energy, mining and infrastructure sector such as SJVN Ltd., NMDC Ltd. and NLC (India) Ltd where he has led teams to overcome significant engineering, commercial and construction challenges for multibillion-dollar integrated projects. He has to his credit, award of more than 50 large value contracts on EPC/Lump Sum and Item Rate basis and resolution of more than 150 claims and disputes involving 300+ Million US Dollar, through negotiation, ADR and Arbitration besides acting as arbitrator in number of disputes. He has authored and led the development of expert reports on claims-disputes, performed schedule, productivity and cost analysis, provided opinions on contractual interpretations and trained project engineers on claims avoidance and best practices. Mr Agarwal has extensive experience in successfully leading and facilitating, as well as developing strategy for, the commercial settlement of claims on major infrastructure projects and other types of construction and possesses expertise in project and contracts management, claims preparation/ defense, assessment, negotiation and settlement, contract drafting and review, contract administration, quantity surveying, cost management, estimation, planning and scheduling and delay analysis. He has exposure to all FIDIC forms of contracts and has dealt contracts for World Bank financed projects using Standard Bidding Documents (SBD). He has published and presented number of papers on Claims Management and Dispute Resolution, ADR, Negotiation. Mr Agarwal holds degree in Civil Engineering with Honors from BITS, Pilani (India), an “Institution of Eminence”. E-mail: [email protected] Mobile: +91-9418026730

GET IN GET IN TOUCH TOUCH If you would like to discuss further any of the points raised in this paper, please get in touch: A1-304, Saya Zenith, Indirapuram, Delhi-NCR, INDIA (+91) 7217773663 [email protected] www.esscaconsulting.com ESSCA CONSULTING LLP | CAPABILITY STATEMENT | 2021