Expert Details

Expert in Engineering and Construction Management: Claims Analysis and Preparation, Litigation and Arbitration Support Expert Testimony and Claims Prevention

Expert ID: 736293 India

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Expert is the Chief Executive Officer and one of the most renowned Construction Dispute Experts. Expert has over 23 years of international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering.

As an internationally recognized expert in the analysis and resolution of complex construction disputes, Expert has served as the lead expert on numerous projects having claims ranging in size from US$ 100,000 to over US$ 1 billion. Expert has extensive domestic and international arbitration and litigation experience, numerous expert appointments including ‘hot tubbing’ (witness conferencing) experience, appointed to undertake expert determination and has been appointed as an expert witness more than 20 times on delay and quantum matters covering re-measurement; variations/changes to work scope; disruption; delays and extensions to completion dates; acceleration and claims related to defects and incomplete work. His is project experience includes refineries, petrochemical and chemical plants, onshore & offshore oil & gas facilities, power plants, bulk handling system, infrastructure, roads, commercial and industrial buildings. He has testified in court, as well as in international arbitrations (ICC, LCIA, SIAC & DIAC). Expert has presented and published numerous articles on the subjects of claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.

Before joining his current company, Expert was Chief Executive Officer for major engineering, procurement, and construction contractor. In this role, he had responsibility for overall management and maintaining profit & loss of the company with its client, Shell, in the Middle East. He was also Corporate Functional Head for pipeline projects in Petroleum Development Oman. EDUCATION Bachelor of Engineering, Indian Institute of Technology (IIT), Roorkee, India, 1996 – Gold Medalist.

GEOGRAPHIC EXPERIENCE
Africa, Americas, Asia Pacific, Europe, Middle East

ARBITRATION EXPERT EXPERIENCE
Power Plant and Bulk Handling System
• Worked as an expert in project related to Ash Handling System for 2 x 500 MW Thermal Power Plant (TPP). The value of claim was USD 3 million. It consisted of detailed review of Contract documents & correspondences, Delay Analysis, quantification & estimation of Technical and Commercial Claims, prepared detailed report on contractual issues to take up the matter against the opposite party in amicable settlement as well as in International Arbitration.
• Worked as an expert in project related to Ash Handling System for 2 x 210 MW Thermal Power Plant (TPP). The value of the claim was USD 6.6 million. The work included detailed Delay Analysis, Quantification and costing for various commercial and Technical claims with the preparation of comprehensive arbitration ready report with all details, justification and supporting documents.
• Worked as an expert in project related to Lignite & Lime Handling System (2 x 250 MW). The value of claim was USD 30 million. The work included detailed delay analysis and calculation of claim for extended stay - DIAC Arbitration.
• Delay expert for Ultra Mega Power Project for USA biggest Power Developer for an International Arbitration ICC in Paris. Highway, Railway, Airport & Port
• Acted as Delay / Technical / Quantum Expert for a Spanish Company for their port bulk material handling project in an Adhoc Arbitration.
• Acted as Damage / Delay expert for Kundli Manesar BOT Road Project for a claim of USD 3 Billion between Govt. of India and BOT Contractor.
• Acted as damage expert appointed by Government for one of the biggest arbitration Delhi – Noida BOT Project in India. (Adhoc Arbitration)
• Acted as delay and quantum expert for arbitration for Jaipur Toll Road dispute.
• Acted as delay and damage calculation expert for Government of Kazakhstan for a dispute between the Government and Turkish road contractor in SIAC.
• Acted as Respondent delay and quantum expert for ICC arbitration related to road project in Ghana.
• Acted as Respondent delay expert for Build Own Transfer (BOT) road project on behalf of India Government authority against Spanish contractor in ICC arbitration in Singapore (Claim value USD 300 million).
• Acted as Respondent’s delay, quantum and technical expert in an ad hoc arbitration for a tunneling work for a metro project in India. The dispute was related to unforeseeable site conditions encountered by the Contractor resulting in delays and disruptions. The total value of the claim was USD 250 million.
• Acted as Claimant’s delay and quantum experts on a USD 500 million, airport expansion project in Muscat, Oman between Oman’s biggest construction company and Omani government entity.
• Acted as technical and delay expert for a multinational contractor in a domestic arbitration for development of Port. Civil, mechanical, electrical and structural works in Paradeep, Orrisa.
• Appointed by Omani Court as Court-appointed expert for delay and damage assessment between Omani Company and UK’s biggest construction firm Oil & Gas
• Acted as delay and quantum expert in a SIAC Arbitration on behalf of Claimant for a production facility and associated floating storage system in India. The arbitration was between a Singapore based contracting company and India’s national oil & gas company.
• Acted as delay expert for FRSU (Floating Re-gasification and Storage Unit) related dispute between the supplier and the owner for an ad hoc arbitration. Value of dispute - USD 70 million.
• Acting as delay and quantum expert for offshore platform and associated storage and transportation facility between two JV partners in SIAC Arbitration for a Singaporean Claimant and Dubai based fabrication company.
• Acted as delay/quantum expert for a Kazakhstan based contracting company for ICC arbitration related to complete oil & gas field development project in Kazakhstan.
• Acted as delay and quantum experts for SIAC arbitration between a major EPC company and Fortune 500 E&P company for a gas processing plant EPC project in Singapore. The dispute involved insolvency related issues and disruptions due to the same.
• Acted as delay and quantum expert for a USD 500 million Petrochemical EPC Project for offsite & utilities between Turkish Company and Indian National Oil Gas Company.
• Acted as delay and quantum expert for offshore pipeline laying Project. Infrastructure Projects
• Acted as delay and quantum experts for the Claimant in 2 nos. international arbitration based in Muscat, Oman for a sewerage treatment project. The Claimants were successfully awarded USD 65 million towards delay damages. This is till date the largest arbitration award in the history of Oman. Disputes primarily involved delays and changes in the specification.
• Acted as Claimant’s delay and quantum experts for ICC arbitration for storm water and irrigation project between a UAE based sub-contractor and Korean Main Contractor for one of the landmark infrastructure project in Abu Dhabi.
• Acted as Claimant’s delay and quantum experts in a DIAC arbitration between a major UAE civil contractor and renowned UAE hotel developer for a leading five-star hotel on Sheikh Zayed Road in Dubai.
• Shareholder dispute- Acted as Claimant’s construction and financial experts for a LCIA arbitration between the shareholders resulting from Force Majeure conditions for a five-star hotel project. One of the parties was a major USD 10 billion group and the other was a private international equity investment company.
• Acting as Quantum expert for the Claimant for an ICC arbitration based in Paris between Jordan government entity and a multi-national contractor for a fertilizer project and associated jetty. The project primarily involved delay a disruption due to design changes and drawing approval delays.
• Acting a Claimant’s delay and quantum experts for Omani publicly listed contractor and a Korean major EPC company for a sewerage project in Oman. The applicable laws are English law and the location of the arbitration is Muscat. The dispute was based on an expert evidence agreement signed by the two parties. Petrochemical and Chemical Plants, Pipelines and Infrastructure Projects – Non Arbitration
• Worked as the owner’s engineer for analysis of various engineering and construction contractor’s claims, including a $200 million change order, delay, incremental weather claim, and disruption claim against the owner, Petroleum Development Oman/Shell, in Oman. The scope of work also included assessment of the contractor’s allegations regarding the cumulative impact of changes, assessment of process flow diagrams, P&IDs, alignment sheets impact and isometric drawing changes, the tracking of the genesis of change orders, field change requests, lessons learned items from prior projects, a detailed CPM schedule analysis to determine delay and acceleration responsibility, and the quantification of damages. The projects analyzed were EPC and long-term service contract types.
• Preparation of an EPC contractor’s $200 million claim for delay, additional work, labor disputes, and loss of productivity, change order regarding a petrochemical project at Dahej in India. Assisted counsel in the preparation of its briefs, document discovery requests, and support in preparation for witness testimony at the arbitration hearings.
• On behalf of the EPC contractor, performed an analysis of delay, rework costs caused by defective front end engineering for an export cross country pipeline and associated terminal and jetty facility in Oman. Developed a basis for estimating the rework costs, and prepared several comprehensive reports that were used by the EPC contractor to facilitate a large settlement against the owner.
• On behalf of the EPC contractor, performed and prepared a claim and an analysis of the quantum aspects due to changed soil conditions claim petrochemical plant project site in India after construction had commenced. The owner counterclaimed delay damages because the plant was completed late. Issues involved alleged increased quantities for earthworks, civil work, and subcontract labor man-hours and costs, engineering and construction management man-hours and costs, and associated delay, productivity loss, and other costs, and to ensure that sufficient documentation to support its claims are produced.
• Performed an analysis of the technical entitlement of over 50 change orders associated with an engineering and construction contractor’s $60 million claim on a cross country pipeline and associated facilities project site in Bangladesh. Determined the cause-effect relationship between the changed work and the resulting schedule impact and additional costs

PROFESSIONAL EXPERIENCE
Current Employment Projects, UAE / Kuwait / Qatar / India / Muscat As the CEO of Projects, Expert provides claims analysis and preparation, litigation and arbitration support expert testimony and claims prevention services for engineering and construction disputes. Petroleum Development Oman/Shell Muscat, Oman/Amsterdam, Netherland As Corporate Functional Discipline Head, Expert was responsible for completion of the Oil & Gas pipeline and terminal network of Oman. This included the implementation of new pipeline and facilities, the conceptualization of projects, maintenance and operation of all pipeline and terminal facilities owned by PDO in Oman. He handled assets worth USD 2 billion and served as part of Senior Management for Shell in the Middle East. Engineers India Limited New Delhi, India Expert was the Project Leader in charge of cross country onshore pipeline projects and responsible for project execution and implementation for more than 1,500 km of high grade and exotic material pipeline and terminal projects. Expert was the lead for the project team for design, engineering, construction management, dispute resolution and commissioning of cross country pipeline.

Education

Year Degree Subject Institution
Year: 1996 Degree: BSc. Subject: Engineering (Gold Medalist) Institution: Indian Institute of Technology (IIT)

Work History

Years Employer Title Department Responsibilities
Years: 2009 to Present Employer: Undisclosed Title: CEO Department: Responsibilities: Provides claims analysis and preparation, litigation and arbitration support expert testimony and claims prevention services for engineering and construction disputes.
Years: 2002 to 2009 Employer: Petroleum Development Oman/Shell Title: Corporate Functional Discipline Head Department: Responsibilities: Was responsible for completion of the Oil & Gas pipeline and terminal network of Oman. This included implementation of new pipeline and facilities, conceptualization of projects, maintenance and operation of all pipeline and terminal facilities owned by PDO in Oman. He handled assets worth USD $2 billion and served as part of Senior Management for Shell in Middle East.
Years: 1996 to 2002 Employer: Engineers India Limited Title: Project Leader Department: Responsibilities: In charge of cross country onshore pipeline projects and responsible for project execution and implementation for more than 1,500 km of high grade and exotic material pipeline and terminal projects. Expert was the lead for the project team for design, engineering, construction management, dispute resolution and commissioning of cross country pipeline projects as the Owner’s Engineer.

Additional Experience

Expert Witness Experience
As an expert in the analysis and resolution of complex construction disputes, Expert has evaluated claims and assessed the performance of owners, engineers, and contractors on numerous types of projects. Representative projects include the following:
International Law firms that have instructed:
- White & Case - Clyde & Co. - Reed Smith - Fenwick Elliot
- Norton Rose - Pinsent Masons - HFW - Curtis
- Keating Chambers - Allen Ovary - Atkin Chambers - Dentons

Power Plant and Bulk Handling System
 Worked as an expert in project related to Ash Handling System for 2 x 500 MW Thermal Power Plant (TPP). The value of claim was USD 3 million. It consisted of detailed review of Contract documents & correspondences, Delay Analysis, quantification & estimation of Technical and Commercial Claims, prepared detailed report on contractual issues to take up the matter against the opposite party in amicable settlement as well as in International Arbitration.
 Worked as an expert in project related to Ash Handling System for 2 x 210 MW Thermal Power Plant (TPP). The value of claim was USD 6.6 million. The work included detailed Delay Analysis, Quantification and costing for various commercial and Technical claims with preparation of comprehensive arbitration ready report with all details, justification and supporting documents.
 Worked as an expert in project related to Lignite & Lime Handling System (2 x 250 MW). The value of claim was USD 30 million. The work included detailed delay analysis and calculation of claim for extended stay - DIAC Arbitration.
 Delay expert for Ultra Mega Power Project for USA biggest Power Developer for an International Arbitration ICC in Paris.

Highway, Railway, Airport & Port
 Acted as Delay / Technical / Quantum Expert for a Spanish Company for their port bulk material handling project in an Adhoc Arbitration.
 Acted as Damage / Delay expert for Kundli Manesar BOT Road Project for a claim of USD 3 Billion between Govt. of India and BOT Contractor.
 Acted as damage expert appointed by Government for one of the biggest arbitration Delhi – Noida BOT Project in India. (Adhoc Arbitration)
 Acted as delay and quantum expert for an arbitration for Jaipur Toll Road dispute.
 Acted as delay and damage calculation expert for Government of Kazakhstan for a dispute between the Government and Turkish road contractor in SIAC.
 Acted as Respondent delay and quantum expert for ICC arbitration related to road project in Ghana.
 Acted as Respondent delay expert for Build Own Transfer (BOT) road project on behalf of India Government authority against Spanish contractor in ICC arbitration in Singapore (Claim value USD 300 million).
 Acted as Respondent’s delay, quantum and technical expert in an ad hoc arbitration for a tunneling work for a metro project in India. The dispute was related to unforeseeable site conditions encountered by the Contractor resulting in delays and disruptions. The total value of the claim was USD 250 million.
 Acted as Claimant’s delay and quantum experts on a USD 500 million, airport expansion project in Muscat, Oman between Oman’s biggest construction company and Omani government entity.
 Acted as technical and delay expert for a multinational contractor in a domestic arbitration for development of Port. Civil, mechanical, electrical and structural works in Paradeep, Orrisa.
 Appointed by Omani Court as Court appointed expert for delay and damage assessment between Omani Company and UK’s biggest Construction firm

Oil & Gas
 Acted as delay and quantum expert in a SIAC Arbitration on behalf of Claimant for a production facility and associated floating storage system in India. The arbitration was between a Singapore based contracting company and India’s national oil & gas company.
 Acted as delay expert for FRSU (Floating Re-gasification and Storage Unit) related dispute between the supplier and the owner for an ad hoc arbitration. Value of dispute - USD 70 million.
 Acting as delay and quantum expert for offshore platform and associated storage and transportation facility between two JV partners in SIAC Arbitration for a Singaporean Claimant and Dubai based fabrication company.
 Acted as delay / quantum expert for a Kazakhstan based contracting company for ICC arbitration related to complete oil & gas field development project in Kazakhstan.
 Acted as delay and quantum experts for SIAC arbitration between a major EPC company and Fortune 500 E&P company for a gas processing plant EPC project in Singapore. The dispute involved insolvency related issues and disruptions due to the same.
 Acted as delay and quantum expert for a USD 500 million Petrochemical EPC Project for offsite & utilities between Turkish Company and Indian National Oil Gas Company.
 Acted as delay and quantum expert for offshore pipeline laying Project.

Infrastructure Projects
 Acted as delay and quantum experts for the Claimant in 2 nos. international arbitration based in Muscat, Oman for a sewerage treatment project. The Claimants were successfully awarded USD 65 million towards delay damages. This is till date the largest arbitration award in the history of Oman. Disputes primarily involved delays and changes in the specification.
 Acted as Claimant’s delay and quantum experts for ICC arbitration for storm water and irrigation project between a UAE based sub-contractor and Korean Main Contractor for one of the landmark infrastructure project in Abu Dhabi.
 Acted as Claimant’s delay and quantum experts in a DIAC arbitration between a major UAE civil contractor and renowned UAE hotel developer for a leading five-star hotel on Sheikh Zayed Road in Dubai.
 Shareholder dispute- Acted as Claimant’s construction and financial experts for a LCIA arbitration between the shareholders resulting from Force Majeure conditions for a five-star hotel project. One of the parties was a major USD 10 billion group and the other was a private international equity investment company.
 Acting as Quantum expert for the Claimant for an ICC arbitration based in Paris between Jordan government entity and a multi-national contractor for a fertilizer project and associated jetty. The project primarily involved delay a disruption due to design changes and drawing approval delays.
 Acting a Claimant’s delay and quantum experts for Omani publicly listed contractor and a Korean major EPC company for a sewerage project in Oman. The applicable laws are English law and the location of the arbitration is Muscat. The dispute was based on an expert evidence agreement signed by the two parties.

Petrochemical and Chemical Plants, Pipelines and Infrastructure Projects – Non Arbitration
 Worked as the owner’s engineer for analysis of various engineering and construction contractor’s claims, including a $200 million change order, delay, incremental weather claim, and disruption claim against the owner, Petroleum Development Oman/Shell, in Oman. The scope of work also included assessment of the contractor’s allegations regarding the cumulative impact of changes, assessment of process flow diagrams, P&IDs, alignment sheets impact and isometric drawing changes, the tracking of the genesis of change orders, field change requests, lessons learned items from prior projects, a detailed CPM schedule analysis to determine delay and acceleration responsibility, and the quantification of damages. The projects analyzed were EPC and long-term service contract types.
 Preparation of an EPC contractor’s $200 million claim for delay, additional work, labor disputes, and loss of productivity, change order regarding a petrochemical project at Dahej in India. Assisted counsel in the preparation of its briefs, document discovery requests, and support in preparation for witness testimony at the arbitration hearings.
 On behalf of the EPC contractor, performed an analysis of delay, rework costs caused by defective front end engineering for an export cross country pipeline and associated terminal and jetty facility in Oman. Developed a basis for estimating the rework costs, and prepared several comprehensive reports that were used by the EPC contractor to facilitate a large settlement against the owner.
 On behalf of the EPC contractor, performed and prepared a claim and an analysis of the quantum aspects due to changed soil conditions claim petrochemical plant project site in India after construction had commenced. The owner counterclaimed delay damages because the plant was completed late. Issues involved alleged increased quantities for earthworks, civil work, and subcontract labor man-hours and costs, engineering and construction management man-hours and costs, and associated delay, productivity loss, and other costs, and to ensure that sufficient documentation to support its claims are produced.
 Performed an analysis of the technical entitlement of over 50 change orders associated with an engineering and construction contractor’s $60 million claim on a cross country pipeline and associated facilities project site in Bangladesh. Determined the cause-effect relationship between the changed work and the resulting schedule impact and additional costs

GEOGRAPHIC EXPERIENCE
Africa, Americas, Asia Pacific, Europe, Middle East
Training / Seminars
PRESENTATIONS AND TRAINING
Over 100 training courses on subjects including commercial awareness, management of contracts, claims management, risk management, Delay Analysis and FIDIC.

Fields of Expertise

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