About Us
Experienced Commercial Management. Proven Dispute Resolution Expertise.
BAM Consult was founded by Brian Moriarty MCIArb, a highly experienced construction commercial management professional with 25 years’ experience in quantity surveying and commercial management, including 15 years’ experience in construction contract dispute resolution.
Having spent his career working within the construction industry, including senior commercial management roles and ownership of a contracting business, Brian has first-hand experience of the commercial and contractual challenges faced by subcontractors.
From negotiating complex subcontract conditions and managing substantial construction accounts to resolving disputed final accounts and conducting formal adjudications, his experience spans the full commercial lifecycle of construction projects.
BAM Consult was established to make that experience and expertise available to subcontractors seeking knowledgeable, independent commercial support without the commitment of employing additional senior commercial management personnel.
Specialist Knowledge of Construction Disputes
Brian is a Member of the Chartered Institute of Arbitrators (MCIArb), having been admitted through the Equivalent Practical Knowledge route in recognition of his extensive practical dispute-resolution experience.
He has been directly involved in numerous construction adjudications, acting independently as the referring party's sole Lead Counsel in many of them, including proceedings against professionally represented opposing parties.
His experience extends to personally preparing Notices of Adjudication, Referrals, Replies and further submissions, developing complex contractual and legal arguments, analysing evidence, addressing adjudicators' directions and conducting proceedings through to reasoned decisions or negotiated settlements.
Importantly, this experience has been gained through direct involvement in the disputes themselves, rather than simply advising from the sidelines.
This depth of practical dispute-resolution experience provides BAM Consult with a valuable perspective when reviewing and negotiating construction contracts.
Understanding how contractual provisions are interpreted, challenged and enforced during adjudication provides an important advantage when negotiating those same provisions before a subcontract is signed.
Why the Contract Matters
In construction, contracts are too often treated as an administrative formality — something to be signed, filed away and rarely considered again unless a disagreement arises.
It is frequently only when payment is withheld, additional works are disputed or substantial deductions are imposed that the parties begin examining the contractual provisions in detail.
By that stage, the opportunity to negotiate more balanced terms has usually passed.
BAM Consult believes that a construction contract should provide clarity, certainty and reasonable protection for both contracting parties.
A subcontract should not simply be a mechanism for transferring commercial risk from the main contractor to the subcontractor. It should establish clear obligations, workable procedures and fair contractual protections that can be relied upon by both parties if circumstances change or a dispute arises.
This does not mean removing the main contractor's legitimate contractual protections. It means ensuring that the subcontractor's interests are properly recognised and that the agreed terms are reasonable, clearly understood and capable of being administered effectively.
A properly negotiated contract, supported by effective commercial management, can significantly reduce the likelihood of disputes arising in the first place.
And should a dispute become unavoidable, BAM Consult brings the practical knowledge and experience necessary to understand the contractual position and pursue the appropriate remedies.
Personally Led. Supported by Wider Expertise.
BAM Consult operates as a founder-led consultancy, with Brian personally overseeing the commercial and contractual services provided to its customers.
We recognise, however, that construction disputes and complex commercial matters can sometimes require specialist expertise beyond conventional quantity surveying and contract administration.
Where appropriate, BAM Consult can draw upon a wider network of experienced professionals to assist with technical disputes, specialist commercial matters and other construction-related issues.
Any additional specialist involvement is discussed and agreed with the subcontractor beforehand.
This approach allows us to offer access to broader expertise while maintaining the personal involvement, continuity and accountability that come from dealing directly with an experienced commercial professional.
Our Approach
Our philosophy is straightforward: establish the right contractual position at the outset, administer the contract correctly throughout the works and know how to enforce its provisions when necessary.
We believe the most effective way to protect a subcontractor's commercial interests is to become involved before contractual commitments are made.
Through careful contract reviews, negotiation of terms and ongoing commercial guidance, we help subcontractors understand their obligations, maintain their contractual entitlements and address potential difficulties before they escalate.
Where disagreements cannot be resolved commercially, we have the practical experience to advise on and pursue the appropriate dispute-resolution procedures, including formal adjudication.
BAM Consult combines experienced commercial management with proven adjudication expertise, providing subcontractors with professional support from the first contractual negotiation through to final account and, where necessary, the enforcement of their contractual rights.