Volatility in commodity markets is no longer the most prominent feature of the congested risk landscape facing the mining and metals industry.
In the front line of the climate emergency, companies must operate within tightening environmental controls and regulations, while weathering intense commercial and contractual pressures.
The most visible driver of environmental degradation and natural resource depletion, the mining industry is also crucial to the low-carbon transition and circular economy essential to sustainability. Hundreds of new mines are needed worldwide to meet the need for critical minerals and metals – from lithium and cobalt to nickel and graphite.
Amid the ESG risks and geopolitical uncertainties, the stakes are rising for operators along with input costs, competition for investment and supply chain disruption, even as they grapple with labour and skills shortages, plan for technological change, and go to greater depths to extract resources.
Squeezed between cautious lenders and overburdened suppliers, mining operators need to be rigorous when stress-testing and administering contracts as they are forced to assume a growing share of the risk around materials and equipment inflation, shipping and delivery.
At the same time, the onus must be on exploring and adopting more efficient ways of working – which may entail new business models – including increased automation, digital modelling, and data analytics, while attracting and training the talent to implement these technologies.
What our mining and metal experts, consultants and advisors do
Many of these challenges are not unique to the resources sector, nor are the underlying causes of the claims and disputes associated with cost and time overruns. For more than more than four decades, we have decoded the complexity facing all types of mining and capital projects, helping clients anticipate, investigate and resolve conflicts.
We also share the lessons of our experience more widely with the industry through our CRUX integrated research programme. The impact of claims and disputes on more than 273 resources projects worldwide – with a combined capital expenditure value of $1.23 trillion – were analysed for the Sixth Annual CRUX Insight Report. Extensions of time sought by contractors would add almost two thirds (61.9%) to the average schedule, while disputed costs exceeded 41% of a typical project’s committed capital expenditure.
Even heavier in some regions, these costs are hugely damaging and often unnecessarily so. Our people understand what goes wrong on resources projects and why. As well as advising clients how to pre-empt problems and conflicts, and tracing their causes, we help them resolve claims and disputes to minimise their impact and achieve fair and equitable settlements.
Why HKA?
Our multi-disciplinary experts, consultants and advisors draw on expertise in contract and construction law, delay and quantum analysis, quantity surveying, forensic accounting, and engineering specialisms from process and structures to geology and metallurgy.
Their first-hand experience spans mining projects around the globe from gold-silver and copper mines in Latin America to bauxite and titanium mining in Africa, and iron ore and coal in Australia, as well as processing plants, pipelines, export terminals and associated infrastructure.
We work with owners and employers, international contractors, specialist subcontractors, and international law firms, applying our knowledge and unrivalled expertise to deliver exceptional services to our clients.
Our services include:
- Adjudication
- Arbitration and litigation
- Dispute avoidance
- Mediation and conciliation
- Contract claim preparation and evaluation
- Seminars and training
