Expert in Construction and Engineering Dispute Resolution in Arbitration, Adjudication and ADR.
Expert ID: 727267 France
Expert acts for clients across a wide range construction and engineering sectors, acting for contractors and owners both in the United Kingdom and on international projects. Expert's expertise is the management of construction disputes ranging from initial advice and risk assessment of issues to the formulation claims documentation including narrative of the legal and technical issues involved and the compilation of supporting appendices. Cases typically involve disputes over the pricing of work and extras and proving entitlement to time extensions with attendant delay costs.
In cases where such submissions and attendant negations fail to resolve issues then Expert has very considerable experience in managing and representing clients in formal dispute processes from adjudication and arbitration as well as the use of other ADR [alternative dispute resolution] processes, such as mediation.
Expert's expertise has been deployed on behalf of clients in a diverse range of construction and engineering projects including dams, tunnelling, water treatment, gas processing plant, offshore wind farm, residential property, offices and hospitals. The geographical spread of Expert's experience includes UK, Ireland, United States, PR China, Australia, East Africa and mainland Europe.
The aim is always to reach resolution of issues at the earliest stage and Expert will often assist in settlement negations with opposing parties, however in cases where such face-to-face solutions do not provide a satisfactory outcome then his technical and process expertise in dispute resolution provides for counselling clients as options and prosecution and management of matters in formal dispute processes.
Expert acts as expert witness in the discipline of construction pricing and delay costs and has been appointed as expert witness in three arbitration cases, two in Ireland and one in Trinidad & Tobago. The process includes identification of issues and discussions with legal counsel and then series of meetings with the opposing party's expert with the aim of narrowing issues to be decided by either a court or arbitral tribunal.
Such narrowing of issues often leads to settlement of the case with consequent reduction in the risk of incurring the very significant legal costs involved. Even where a case is not completely settled then there will also be legal cost savings arising due to the narrowing of issues meaning that there is less matters to be put to a full hearing before a court or arbitral tribunal.
Expert provides litigation support through client's legal representatives by undertaking forensic research of documents and compilation of time and money claims providing the detail behind pleadings submitted by legal counsel.
Expert is an expert in the drafting, compilation and interpretation of contracts for the execution of construction and engineering works both for domestic UK and international contracts. Through many years of practice firstly as contract engineer on major projects worldwide and more lately as an expert in construction dispute resolution Expert has developed a deep understanding of and familiarity with many standard form contracts including those with bespoke amendments as well as drafting contracts from scratch.
Through further study and the obtaining of a Masters Degree in Construction Law and Arbitration Expert is conversant with the legal principles underlying contracts and their terms, he also understands the how a particular contract needs to fit into the complex web of agreements and cross-agreements with contractors, consultants, sub-contractors and suppliers which form the legal matrix of construction and engineering projects.
Undertook claims defence for Houston-based oil & gas 'major' for gas plant project in west Africa. Client was facing US$70m claim from EPC contractor. Drafted detailed rebuttal of contractor's claims which provided basis for negotiated settlement at much lower figure than claimed.Submitted claim for French-based water treatment specialist company on World Bank funded water treatment project in Tanzania. Claims for delay to obtain protection from substantial liquidated damages as well as money claims for extended time-related costs. Attended in-country follow-up negotiations with government department and World Bank representatives. Outcome was granting of full extension of time to his client protecting from liquidated damages as well as substantial payment for delay costs.Representing Dutch manufacturer of wind turbine monopiles and transition pieces. Manufacturer was facing claims for defective work which main contractor contended resulted in claims from installation contractor of circa £6m.
We established our client's liability at around £250k which was admitted. Led to negotiated settlement with our client agreeing payment of £600k with promise of future business.Representing Dutch curtain walling sub-contractor in major dispute with UK 'name' main contracting organisation. Preparing initial claim and rebutting main contractor's counter-claim. Matter proceeded to arbitration, managed complete arbitration process including briefing counsel by 'direct access'; appointing arbitrator; appointing experts; taking witness statements; managing extensive discovery process organising and managing all logistics for six-week arbitration hearing in central London.Appointed quantum expert on major arbitration for highway project in Trinidad & Tobago acting as expert for government party. Meetings with opposing expert and preparation of expert report and statements of agreed issues with opposing expert.
Matter settled after exchange of expert reports precluding resort to major cost of international arbitration.
|Year: 2002||Degree: MSc (Lon)||Subject: Construction Law and Arbiration||Institution: King's College, London|
|Year: 1984||Degree: BSc (Hons)||Subject: Quantitiy Surveying||Institution: Trent University, Nottingham, UK|
|Years: 2008 to 2009||Employer: Nexus Contract Services Limited||Title: Director||Department:||Responsibilities: Founding director of dispute specialist Nexus. Providing expertise in the areas of contract advice and dispute management.|
|Years: 2006 to 2008||Employer: Chaucer Group Limited||Title: Managing Consultant||Department:||Responsibilities: Managing Consultant for an established firm of contract and dispute specialists, part of the Chaucer Group Limited, project management and business consultants to a wide range of business sectors with their roots in the construction and oil & gas industries.|
|Years: 2008 to 1997||Employer: Aster Consutlants Limited||Title: Director||Department:||Responsibilities: Proprieter of consultancy practice specialising in construction dispute resolution and provision of expert witness services working on a range of assignments including metro tunnels in London and ofshore windfarms. Acting as expert witness in arbitrations in Ireland and Trindid & Tobago.
|Years: 1995 to 1997||Employer: Ed. Züblin AG||Title: Senior Contracts Manager||Department: Xiolangdi Project, PR China||Responsibilities: Senior Contracts Administrator - Xiaolangdi dam project, Henan Province, P.R. China. Management of financial, contractual and measurement aspects of hydro-engineering works. Administration of Chinese and expatriate subcontractors and liaison with client Engineer’s Representative. Special responsibility for all downstream areas of the project.|
|Years: 1989 to 1995||Employer: Laing Management Limited||Title: Senior Quantity Surveyor||Department: Chelsea & bWestminster Hospital Project||Responsibilities: Senior Quantity Surveyor, responsible in earlier stages of project for preliminaries packages and design cost advice on Staff Residence and Mental Health Unit, two separate buildings within the hospital project. Later involved in all aspects of these two packages through to final account including control of subcontractors, liaison with client consultants and adjudication of subcontractors’ claims.|
|Years: 1988 to 1989||Employer: DG Jones & Partners||Title: Senior Quantity Surveyor||Department:||Responsibilities: Quantity Surveyor working on a variety of projects in and around Sydney then seconded to Concrete Constructions Pty. Ltd. on the above two projects performing management of subcontract packages on former and budget monitoring against guaranteed maximum price on the latter.|
|Years: 1984 to 1988||Employer: Laing Management Contracting Limited||Title: Quantity Surveyor||Department:||Responsibilities: Embankment Place Office Development, London – Management Contract
Special responsibility for Phase I engineering parcels on this ‘air rights’ building above Charing Cross rail station in central London. Involved in the very early stages of this project developing cost monitoring and other project systems.
London Bridge City Office Development, London – Construction Management
Graduate. Quantity Surveyor involved in various packages with special responsibility for development of the residential block refurbishment of 19th century warehousing into luxury apartments.
|Years: 1982 to 1983||Employer: United Kingdom Atomic Energy Authority||Title: Assistant Quantity Surveyor||Department: Sellafield Nuclear Reprocessing Plant, UK||Responsibilities: Industrial training year, measure and valuation of construction and process plant works on various projects within the Sellafield complex.|
|Years||Country / Region||Summary|
|Years: 1988 to 1989||Country / Region: Australia||Summary: Working for private quantity surveying practice but seconded to major Australian main contractor working on large hotel project and then futures trading centre.|
|Years: 1995 to 1997||Country / Region: PR China||Summary: Working in contract department of German contractor on $1bn dam project in remote location in central PR China. Management of local and international sub-contractors and liaising with local Engineer and Employer representatives. Working on tunnelling claims and management of all downstream open excavation and major concrete structures.|
|Years: to Present||Country / Region:||Summary: Various international assignments working on claim and dispute resolution issues. Including continental Europe, USA and East and West Africa|
|Associations / Societies|
|Member of the Royal Institution of Chartered Surveyors;
Member of the Institute of Civil Engineering Surveyors;
Fellow of the Chartered Institute of Arbitrators;
Member of the Society of Construction Law;
Member of King’s College Construction Law Association;
|Licenses / Certifications|
|Chartered Quantity Surveyor|
|Columnist for technical publication 'Tunnels & Tunnelling International'|
|Awards / Recognition|
|Expert is the winner of the Bikerdike Allen Prize for best first year MSc student, King's College, London and the Chartered Institute of Arbitrators President's Prize for arbitration award writing examination.|
|Medical / Professional|
|Expert undertook a year's industrial training for the United Kingdom Atomic Energy Authority. After graduating Expert undertook his graduate traineeship with major UK construction contractor John Laing plc.|
|Expert Witness Experience|
|Expert has extensive experience on the managementof disputes in adjudication and arbitration proceedings including the selection, appoinment and management of expert witnesses. Expert has himself been appointed expert witness in three major arbitrations, twice in Ireland and in Trindad & Tobago.|
|Training / Seminars|
|Expert has provided training in setting up project controls and the process of dispute management both to client organisations and in-house. Expert has taken part in construction law seminars in Ireland.|
|Expert has spent many years in the commercial management of major construction and engineering projects including the selection, negotiation and appointment of sub-contractors and suppliers.|
|Expert is the legal and contracts columnist for technical publication Tunnels & Tunnelling International providing insight into these aspects to tunnelling professionals.|
Fields of Expertise
arbitration, claiming, construction claim, construction dispute, dispute, dispute resolution, pricing dispute, adjudication, contract dispute, engineering dispute, expert witness, forensic support, construction contract, contract negotiation, alternative dispute resolution support, alternative dispute resolution service, alternative dispute resolution procedure, alternative dispute resolution fee, arbitration testimony, fee, real estate arbitration, property arbitration, legal litigation support, legal support, construction procedure, legal research, alternative dispute resolution