Expert in Quantity Surveying, Estimation of Project Cost, Quantification of Losses/ Damages, Assessment of Claims (Related to the Extension of Time), Disruption and Variations
Expert ID: 736292 India
Expert gained knowledge and experience while working for, or acting on behalf of contractors and developers, therefore, extremely familiar with the valuation of the construction projects.
A. Expert Testimony, Claim Management in Arbitration/ Dispute Resolution
• Expert’s expertise includes quantity surveying, estimation of project cost, quantification of losses/damages, assessment of claims related to the extension of time, disruption and variations, as generally presented in construction & engineering disputes.
• Expert has been appointed as Quantum Expert in several arbitrations, and worked as Assistant to Quantum Expert, involved in the preparation of quantum expert reports, reply reports and joint reports.
• Assisted in arbitration proceedings and litigation matters: case presentation to lawyers, counsel; client interaction with other discipline experts, interrogatory preparation and response, presentation in case conference
• Support to the client in dispute resolution process: Mediation, Conciliation, and Negotiated Settlement
- Formulation of claim strategy, analysis and quantification of claims, from initial identification to the final settlement of claims: document review, claim report preparation, presentation of results, participation in negotiation meetings
B. Contract Management and Administration
• Expert is proficient in dealing with major standard forms of the construction contract, mainly FIDIC based contracts and bespoke forms. He provides professional advice on the matters of contract administration and claim preparation.
• Risk Analysis and Mitigation: a review of statutory compliance, experience in dealing with project risks in concession agreements, financial agreements, EPC contracts, Unit-Rate contract, consultancy contracts, operations and maintenance contracts, and other commercial contracts C. Project Management
• Expert has worked at various levels in the client, promoter, concessionaire, and contractor roles, and was involved in project conceptualization and planning, coordination and monitoring of project progress, inter-relationships among stakeholders, and general management.
CONTRACT MANAGEMENT AND ADMINISTRATION
• Expert was involved in drafting contracts and tenders, pre-qualification requirements, empanelment of contractors, undertaking bidding activity and awarding works to contractors.
• Led the team of consultants (contract & claim expects, quantity estimator, delay analyst etc.) retained by a major contracting group for providing expert contract management services to their various in-progress projects under Civil and MEP divisions. Monitored developments in all ranges of contractual issues i.e. variations & change order, delay & disruptions and assisted in preparing contractual documents and attended critical meetings/ negotiations.
|Year: 2010||Degree: M.B.A||Subject: Engineering||Institution: Operations, Indian Institute of Management (IIM)|
|Year: 1996||Degree: Bachelors of Engineering||Subject: Civil Engineering||Institution: Indian Institute of Technology (IIT)|
|Years: 2016 to Present||Employer: Undisclosed||Title: Senior Partner||Department:||Responsibilities: India/ Oman/ Dubai|
|Years: 2016 to 2016||Employer: Long International, USA||Title: Claim and Contract Management Consultant||Department:||Responsibilities: Provided project management consulting, claims analysis and preparation, litigation and arbitration support, expert testimony and claims prevention services in Construction/ Infrastructure sector.|
|Years: 2015 to 2015||Employer: Gulf Marine Maintenance and Offshore Service LLC||Title: Vice President (Country Head- India)||Department:||Responsibilities: Was Vice President (Country Head – India) for GMMOS, a Dubai-based company providing specialized equipment and services to the oil and gas sector globally. Under his leadership, the group’s subsidiary was established in India and it started functioning as the group’s control office for its global operations in India, Dubai, and Kazakhstan.|
|Years: 2014 to 2015||Employer: Bharat Road Network Ltd. (SREI Group)||Title: Associate Vice President||Department:||Responsibilities: Was part of the management team of BRNL, which invested and managed National and State Highways in India as a concessionaire under a PPP (Design – Build – Finance – Operate – Transfer) contract. The portfolio consisted of a total of nine road assets, five under operations, and four under development, with an overall length of 1500 km and worth US$1.7 billion.|
|Years: 2010 to 2013||Employer: ISOLUX CORSAN||Title: Assistant General Manager||Department:||Responsibilities: Was part of the management team of Soma Isolux JV, a company engaged in the development of tollways in India as concessionaire under PPP Design – Build – Finance – Operate – Transfer contracts. Was involved in contractual, technical, and commercial matters on four National Highway projects with an overall length of 700 km and worth US$2 billion, covering six Indian states.
Participated in extensive interactions and contractual communications with NHAI, independent engineer, EPC contractor, financial institutions, engineering consultant, local bodies, general public and other stakeholders. Also involved in the preparation and submission of claims amounting to US$1 billion in consultation with legal experts. He participated in various dispute resolution forums including Arbitration Panels, High Courts at Delhi, Chandigarh, and the Supreme Court of India.
|Years: 2003 to 2010||Employer: Government of India||Title: Executive Engineer (Civil)||Department: Central Public Works Department||Responsibilities: As an Indian Engineering Services (IES) officer, he was involved in the conceptualizing, planning, designing, estimating, and tendering of many government projects including institutional and residential complexes, multistoried buildings, schools, roads and bridges, and high-altitude structures.
Led the planning division at the Chief Engineer office, CPWD at Lucknow, having annual turnover of US$50 million, and coordinated with architects, town planners, structural designers, project field teams and various clients. Major clients included the Home Ministry, External Affairs Ministry, Finance Ministry, HRD Ministry, IIT, IIIT, CBSE, RBI, and NABARD, etc.
|Years: 1996 to 1997||Employer: DLF||Title: Graduate Trainee Engineer||Department:||Responsibilities: Started his professional career in 1996 with DLF, a leading real estate and infrastructure developer, and joined their construction division at Gurgaon. Later he took roles in various capacities in the Real Estate sector.|
|Associations / Societies|
|Institution of Engineers (India)|
|Expert Witness Experience|
|REPRESENTATIVE PROJECT EXPERIENCE EXPERT SERVICES IN ARBITRATION/ DISPUTE RESOLUTION
Expert has been engaged by clients for acting as Quantum Expert/ Lead Assistant before the arbitration tribunals formed under ICC, DIAC, SIAC and Indian arbitration, and assisted in successful awards in many cases. These arbitration panels had renowned international arbitrators and former judges of the courts as its members. Representative experience of dispute resolution & arbitration support assignments is described: Quantum Expert Testimony in Arbitration
• Acted as claimant’s Quantum Expert in arbitration for National Highways Project on BOT basis in India. Expert’s work involved evaluation of the Concessionaire’s (an Indian construction major) claims of USD 145 million against the Highway Authority, covering prolongation cost, loss of toll revenue, disruption cost.
• Acted as claimant’s Quantum Expert in arbitration for a marine facility of a Jetty project. Expert’s work involved evaluation of the contractor’s (an Indian & Indonesian JV) claims of USD 20 million against the port developer, for costs related to variations, prolongation and acceleration arising out of delay in completion.
• Acted as claimant’s Quantum Expert in arbitration for a 2*600 MW thermal power plant. Work involved evaluation of the contractor’s (an Indian construction major) claims of USD 25 million against the plant owner, covering prolongation cost, disruption cost and outstanding payment, arising out of non-settlement of contractor’s final account.
• Acted as claimant’s Quantum Expert in arbitration for an institutional area. Work involved evaluation of the contractor’s (an Indian construction major) claims of USD 11 million against the owner, for prolongation cost, variations and outstanding payment of non-certified bills.
• Acted as claimant’s Quantum Expert in ICC arbitration at London, and assessed the impact of the breach of JV contract by the opposite party, by calculating the amount of penalty, direct and indirect costs, and opportunity cost incurred in the establishment of a manufacturing facility. Lead Assistant to Quantum Expert in Arbitration
• Acted as Assistant to Quantum Expert for the claimant in an international arbitration based in Oman for a sewerage treatment project in Muscat. The disputes primarily involved delays in commissioning of STP plant and changes in the specifications of a network, resulting in claiming of variation and prolongation costs of USD 120 million. The claimant, a major Omani contractor was awarded USD 65 million towards delays and variations to the project, against the respondent, an Omani government entity.
• Acted as Assistant to claimant’s Quantum Expert for ICC arbitration for stormwater and irrigation line project in Abu Dhabi. The expert work involved evaluation of the claimant’s (UAE based sub-contractor) claims (AED 68 million) against the main contractor (a Korean MNC) for variation in quantities, loss of productivity and prolongation costs arising from the delayed time for completion, and assessment of outstanding monies for works performed. A favorable award received.
• Acted as Assistant to claimant’s Quantum Experts in a DIAC arbitration between a major UAE civil contractor (the claimant) and a hotel developer for a five-star hotel in Dubai. Work involved evaluation of contactor’s claims (AED 53 million) for outstanding payment, prolongation cost and disruption costs arising from interface delays and suspension of works, leading to termination of the contract. A favorable award received.
• Acted as Assistant to claimant’s Quantum Expert for ICC arbitration for an airport expansion project in Muscat, Oman between Oman’s major construction company (the claimant) and Omani government entity. The expert work involved evaluation of the claimant’s claims related to variations and prolongation costs, amounting USD 31 million.
SUPPORT IN ARBITRATION/ MEDIATION/ SETTLEMENT
• Prepared EPC contractor’s claims for a Lignite & Lime Handling System for 2 x 250 MW power plant in India, with Project Value of US$ 55 Million. The client was EPC contractor and the opposite party was Indian state power generation authority. The claims prepared were related to extended stay i.e. additional manpower, machinery, overheads, idling of resources, loss of opportunity, escalation etc.
• On behalf of a tollway concessionaire in an Indian tollway project prepared an extension of time claim amounting USD 24 million, which was to be included in claimant’s Statement of Claim in arbitration. The main claim heads were prolongation cost, escalation of prices and loss of toll revenues due to delay in completion of the BOT project.
• In an Indian tollway project on BOT mode, assisted the concessionaire in contesting counterclaims of USD 318 million submitted by the authority in an arbitration for alleged delays and noncompliance by the concessionaire.
• Prepared an independent assessment report on behalf of a fire-fighting sub-contractor in Dubai International Airport, UAE; against the termination of sub-contract. The report was submitted to Technical Mediator appointed by the Dubai Court, with assessment of claim amounting AED 33 million. The assignment covered the estimation of work done based on submitted bills and GFC drawings.
• Supported an EPC sub-contractor in the settlement for an Ash Handling Plant in 2*500 MW power plant in Vietnam. The assignment consisted of detailed review of contract, delay analysis, quantification of technical and commercial claims, and prepared a detailed report to take up the matter with main contractor (a Korea based EPC giant) in amicable settlement.
• Assisted a contractor (a construction MNC) against its client’s (Omani government company) in the matter of rejection of extension of time and liquidated damages (USD 13 million) for a Gas Depletion Compression project in Oman. The primary reasons for extension were hindrances at brown field areas and non- availability of gas for commissioning. Assisted the client in forming claim strategy and participated in negotiation meetings for amicable settlement of claims.
• Prepared an independent assessment report on behalf of contractor (an Omani contracting major), on its request for extension of time claim evaluated by its client (Oman’s Government Ministry) for a government hospital in Muscat. The contractor submitted the report as an independent expert opinion to client for justification of extension of time claim and counter to assessment made by client’s engineer.
• Supported a contractor in preparing contractor’s statement of claim for arbitration in Oman, worth USD 30 million and rebuttal to respondent’s counterclaims of USD 17 million, in development of an educational institute campus in Muscat. It also involved quantification of technical & financial/commercial claims supported by delay analysis.
SUPPORT IN LITIGATION
• Expert was part of concessionaire’s contract management team which presented its case before the Supreme Court of India, against the levy of USD 10 million penalty and termination of a national highway project in India by a High Court. In the verdict of the Supreme Court, the earlier order of High Court was overturned and company’s position as concessionaire was restored.