Construction
2022
Head of research Rupert Wilson rupert.wilson@whoswholegal.com Head of research: US Penelope Williams Deputy head of research Charlotte Riley Research analysts Conor Manders Ammara Saleem Alex Bottomley Tabia Lui Olivia Harrison Diana Diaz Valdes Teran Olivia Pilling Kirsty Carvalho Content production manager Robert Harris Senior production editors Katie Adams William Holt Harry Turner Production editors Ellen Desmond Head of business development Adam Landes Business development managers Frank Green Kiteria Yiu Account managers Nick Townsend Ben Davis Bilikis Olowolekomoh Sam Limbu Leon Hartley Hadassah Maitaram Customer service executive Harry Marloe
CONTENTS 2 3 11 13 40
Introduction Legal Marketplace Analysis Professional Notices Profiles Directory Expert Witnesses
55 Legal Marketplace Analysis 61 Profiles 137 Directory Future Leaders
143 Legal Marketplace Analysis Partners
147 Profiles 151 Directory Non-partners
153 Profiles 154 Directory
Expert Witnesses
157 Legal Marketplace Analysis 159 Profiles 173 Directory
Sales and admin assistant Samantha Wong Head of analytics Rupert Wilson Publisher Tom Barnes Published by Law Business Research Ltd Meridian House 34-35 Farringdon Street London, EC4A 4HL United Kingdom Tel: +44 20 7908 1178 Printed and distributed by Encompass Print Solutions Tel: 0844 2480 112 © 2022 Law Business Research Ltd
The information provided in this report is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information in this report is accurate as at May 2022, be advised this is a developing area. Enquiries concerning reproduction should be sent to Law Business Research, at the address shown. Enquiries concerning editorial content should be directed to the Head of Research, Rupert Wilson, at rupert.wilson@whoswholegal.com
ISSN 1748-1732
INTRODUCTION Who’s Who Legal is delighted to publish WWL: Construction 2022. This report is the fruit of months of research. We have canvassed and analysed the opinions of law firm clients and construction experts from around the world. Our research has revealed 1274 lawyers and experts from 56 jurisdictions who can truly be considered leaders in the field. The names and contact details of all experts whose nominations are accepted by the head of research are listed without charge. It is impossible to buy entry into WWL: Construction. Specialists accepted for listing are invited, but not required, to supply a professional biography and photograph, which are published upon payment of a fee. We hope that you find this report useful and informative. If you do, it is due to the hundreds of people who helped us in the research, and we would like to sign off by thanking them for their kindness, helpfulness and insight, which made it a pleasure to be part of this undertaking. Due to the ongoing crisis in Ukraine, WWL is not listing individuals from firms based in Russia and Belarus in this report. Lawyers from Ukraine who were previously listed have had their rankings protected and continue to be featured. Rupert Wilson Head of research
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LEGAL MARKETPLACE ANALYSIS In the latest research for WWL: Construction, we present more than 800 of the world’s finest construction lawyers. They have been selected for their excellent expertise and experience representing clients in international contentious proceedings and advisory matters.
METHODOLOGY The Global Elite Thought Leaders are those individuals who received the highest number of nominations from peers, corporate counsel and other market sources this year. Our research has identified them as being truly outstanding practitioners and the very best in their field. WWL does not list firms, only individual lawyers. The leading firms are those in each region whose listed practitioners received the most total nominations in our research. We highlight individuals at other firms who also scored very highly in our research. MOST LISTINGS IN WWL: CONSTRUCTION 2022
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EUROPE Global Elite Thought Leaders Rachel Ansell QC 4 Pump Court London
Adam Constable QC Keating Chambers London
Nicholas Gould
Sean Brannigan QC
Phillip Capper
Sally Davies
Shona Frame
4 Pump Court London
Mayer Brown International LLP London
White & Case LLP London CMS Glasgow
Fenwick Elliott London
Vinson & Elkins RLLP London
Nick Henchie
Alfonso Iglesia
Claus Lenz
Fenella Mason
Lindy Patterson QC
Andreas J Roquette
Christopher Seppälä
David Streatfeild-James QC
Leendert van den Berg
Nathalie Voser
LDR Lenz Dispute Resolution Berlin CMS Hasche Sigle Berlin Severijn Hulshof The Hague
Burness Paull LLP Edinburgh White & Case LLP Paris
Cuatrecasas Madrid
39 Essex Chambers London Atkin Chambers London
rothorn legal Ltd Zurich
LEADING FIRMS Pinsent Masons
Neal Morris is described by sources as “a thoroughly knowledgeable and professional lawyer” and “a pleasure to work with”. Sources add: “He produces high-quality submissions in adjudication proceedings.” Colin Fraser is singled out by market commentators as “a highly experienced and astute construction lawyer”. Louise Forster is lauded by respondents who consider her “a first-rate construction lawyer”, who provides “excellent client-handling skills and a calm reassuring manner”. Richard Laudy ranks highly among peers who commend his deep expertise across the construction and infrastructure industries. Helen Waddell enjoys a standout reputation among peers in the construction market where she is recommended as “a very strong lawyer”.
CMS
Adrian Bell has built “a very good reputation in the market” thanks to his expert handling of high-value claims across the construction and energy sectors.
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Shona Frame is recognised by market commentators as “a big name in the market” who is “a very impressive lawyer and very reasonable to deal with”. Steven Williams receives substantial acclaim from commentators thanks to his impressive work on international construction disputes. Andreas Roquette is an established name in the German construction market, well versed in complex construction and engineering projects. Chris Hallam possesses “impressive pragmatism, cost effectiveness and commercial understanding” compliment sources, further citing his “diligence and appreciation for the business’ ultimate aim”.
White & Case
Phillip Capper is a favourite among peers and clients, who describe him as “an impressive practitioner with excellent specialist construction knowledge”. Christopher Seppälä is held in high esteem by market commentators who distinguish him as “a worldwide authority on construction law”.
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Ellis Baker is lauded by sources as “an excellent and super-hardworking construction lawyer” with “a brilliant mind”.
Fenwick Elliot
Nicholas Gould enjoys widespread praise from sources who consider him “a highly experienced and an internationally recognised practitioner” in the construction sector. Jeremy Glover draws praise from peers who highlight him as “an outstanding construction lawyer with impressive crossborder experience”. Simon Tolson has over 30 years of experience in the construction industry handling a range of disputes including litigation and arbitration proceedings.
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LEADING SETS Keating Chambers
Adam Constable QC is one of the bar’s most highly respected construction specialists, with sources reporting that he is “one of the best construction silks on the planet”. Calum Lamont QC receives widespread acclaim from market commentators in the construction space and is recommended as “an absolutely brilliant advocate”. John Marrin QC is singled out by peers as “one of the most experienced arbitrators in the field” and is “highly recommended for construction issues”. Rosemary Jackson QC is a leading name at the bar for construction disputes and is endorsed as “one of the best in country for construction arbitration”. Richard Harding QC has forged a brilliant career when it comes to construction disputes and is recommended as “a deep thinker” and “a real Middle East expert”.
Lucy Garrett QC continually impresses peers with her outstanding construction expertise and is recognised as “a superstar of the field”.
Atkin Chambers
David Streatfeild-James QC is a wellestablished figure in the construction sector, recognised as “a star of the field” and “a top-class advocate”. Chantal-Aimée Doerries QC is lauded as “a very impressive advocate with a nononsense approach and an incredible level of precision”. Stuart Catchpole QC impresses market sources who consider him to be “extremely clever, tenacious and user friendly” when handling complex construction claims. Manus McMullan QC is one of the bar’s premier construction silks, endorsed by peers who consider him as “a scarily good advocate”.
Nicholas Dennys QC receives considerable recommendations for his “brilliant” construction practice and is known for his “excellent command of the issues as an arbitrator”. Riaz Hussain QC receives widespread recommendations for his construction practice, and focuses on high-value, complex disputes in the sector.
OTHER LEADING INDIVIDUALS Belgium
Vera van Houtte at Van Houtte Partners is a leading name in Belgium’s construction market and is described as “one of the best in the field” when it comes to related arbitration disputes.
England
Sean Brannigan QC of 4 Pump Court enjoys a strong reputation at the UK Bar as “a very impressive advocate who will fight his client’s corner”. Rachel Ansell QC is praised as “a very strong advocate, who is extremely smart and has a great appetite for the detail”. Sally Davies of Mayer Brown is described by market commentators as “a brilliant lawyer” who brings extensive experience of the litigation, arbitration and mediation of international construction disputes. Nick Henchie with Vinson & Elkins is recommended by peers as “a top-drawer lawyer with a strong reputation in large international infrastructure disputes”. 39 Essex Chambers’ Lindy Patterson QC is well known among peers for being “excellent on dispute board matters and arbitration proceedings” relating to the construction industry. John Bishop at Arbitration Chambers is “absolutely excellent” and “very experienced” compliment sources adding that he has “a
knack of making complicated points understandable and analysing the real issues in hand”.
BODENHEIMER’s Rouven Bodenheimer excels when it comes to handling high-value construction claims, notably in arbitration proceedings.
Roger Stewart QC of 4 New Square is a keystone of the UK Bar when it comes to construction disputes, with peers saying he is “very impressive and ensures high-level strategic advice”.
Stefan Osing at Heuking Kühn Lüer Wojtek is “an incredibly competent lawyer" who is “excellent for complex construction claims".
At 3 Verulam Buildings, Jane Davies Evans is “a powerhouse”, applauded for her outstanding work representing clients in complex construction disputes. At Bryan Cave Leighton Paisner, Shy Jackson draws high praise from peers who note he “produces high quality submissions in adjudication proceedings”.
France
Ireland
Niav O’Higgins with Arthur Cox is a leading name in Ireland’s construction market and enjoys “a strong reputation” among peers in the sector.
Netherlands
Leendert van den Berg at Severijn Hulshof secures impressive recommendations from across Europe for his construction work and brings over 25 years of experience to his clients’ matters.
David Brown with Clyde & Co stands out as one of France’s top construction lawyers and is recognised by peers as “a prominent practitioner in construction dispute resolution”.
Jean-Pierre van Eijck of Spant Advocaten is a standout name in the Dutch construction market, thanks to his 30 years of excellence in the field.
At Three Crowns, Todd Wetmore is “a top construction lawyer” who is singled out among peers as “one of the best without a doubt”.
Scotland
Germany
Claus Lenz at LDR Lenz Dispute Resolution is known among peers as “an outstanding lawyer” in the construction sector. He brings over 30 years of experience to his briefs.
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Fenella Mason at Burness Paull is renowned as an “exceptional lawyer who is experienced and respected” with peers citing her as one of the biggest names in the Scottish construction market.
Spain
Alfonso Iglesia with Cuatrecasas gains impressive praise from commentators for
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his “brilliant strategic definition” and “meticulous work in interrogations”. Lambal Abogados’ Pablo Laorden is identified as a superb construction lawyer in the Spanish market, with a proven track record of advising clients on complex international construction claims.
Switzerland
Michael Schneider at Lalive secures widespread endorsement as “a very experienced lawyer and a gentleman who comes highly recommended in the construction sector”. Nathalie Voser of rothorn legal is a pillar of the Swiss construction market, highly sought
after for her deep expertise in construction and engineering issues. At Schellenberg Wittmer, Elliot Geisinger is “a market-leading expert on construction law" and “a household name when it comes to complex construction disputes".
MIDDLE EAST AND AFRICA Global Elite Thought Leaders Alex Bevan
Mark Blanksby
Michael Grose
Michelle Nelson
Shearman & Sterling LLP Dubai
Clyde & Co LLP Dubai
Clyde & Co LLP Dubai
Reed Smith LLP Dubai
Adrian Cole
Independent Arbitrator Abu Dhabi
Erin Miller Rankin
Freshfields Bruckhaus Deringer LLP Dubai
Matthew Walker K&L Gates Law LLC Doha
LEADING FIRMS Clyde & Co
Mark Blanksby sits among the best construction practitioners in the region and is described by sources as “an excellent lawyer who is very experienced and reliable”. Michael Grose is lauded by peers as “a construction heavyweight in the region” with “an excellent reputation which means he is highly sought after”. Beau McLaren is identified by market commentators as a go-to in the Middle East for large construction disputes.
Philip Norman impresses peers and clients who say he is “simply amazing; poised, calm and a very good lawyer” for construction matters.
Pinsent Masons
Mark Raymont possesses “strong leadership skills and provides clear guidance and instructions throughout the arbitration process” note sources. They add: “He has a very practical approach and is solution oriented.”
Jed Savager receives extensive recommendations from market commentators, who remark that he is “smart, and a very congenial advocate”. Junaid Banoobhai comes highly recommended by peers as a “clear and focused” construction lawyer, with over 15 years of experience with infrastructure matters. Rob Morson enjoys a stellar reputation in the construction market and has built impressive expertise in infrastructure projects and construction briefs.
OTHER LEADING INDIVIDUALS Egypt
Mohamed Abdel Wahab at Zulficar & Partners Law Firm is “an all-time great of construction arbitration" effuse peers. They add: "Mohamed is a very smooth operator who makes arbitration process work very well." Independent Arbitrator Karim Hafez is described as “a very impressive individual” who “has a deep understanding of how international proceedings work”.
Lebanon
Ziad Obeid of Obeid & Partners is qualified as both engineer and lawyer, which peers say is “an exceptional and excellent combination that very few manage to achieve”.
Qatar
Matthew Walker with K&L Gates is among the most distinguished construction lawyers in Qatar, with considerable experience of arbitration and litigious disputes. Quinn Emanuel’s Paul Bradley is known as “a very good construction lawyer in the region” who focuses on high-value arbitrations in the sector.
Turkey
At Cetinel Law Firm, Yasemin Cetinel “is the go-to construction lawyer in Turkey" compliment peers. They note she is “very sharp and commercially minded", and “really understands construction disputes".
United Arab Emirates
Independent Arbitrator Adrian Cole is recommended as “an excellent arbitrator in the construction space" and “the go-to arbitrator in the Middle East" for sector-related disputes. Alex Bevan at Shearman & Sterling “probably has the leading construction arbitration practice in the region" compliment sources who consider him “a top construction lawyer" and “a strong team leader". Michelle Nelson of Reed Smith is an established name in the region with an outstanding practice, described by peers as “an absolute superstar lawyer”. Erin Miller Rankin with Freshfields Bruckhaus Deringer is lauded by respondents
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as “a highly respected arbitrator with a very busy practice” in construction disputes.
excellence in advising contractors, developers and engineers on the litigation and arbitration of construction disputes.
Addleshaw Goddard’s Stephen Burke is“highly respected in the industry” for his
Paul Taylor at Eversheds Sutherland is known as “a very experienced lawyer in the field” and a go-to for global and regional construction disputes and arbitration proceedings.
NORTH AMERICA Global Elite Thought Leaders Deborah S Ballati
Adrian L Bastianelli III
Jennifer Fletcher
Duncan W Glaholt
John R Heisse
Robert J MacPherson
JAMS San Francisco
Eversheds Sutherland Atlanta
Pillsbury Winthrop Shaw Pittman LLP San Francisco
R Bruce Reynolds
Singleton Urquhart Reynolds Vogel LLP Toronto
Peckar & Abramson PC Washington DC Glaholt ADR Inc Toronto Cokinos|Young New Jersey
John R Singleton QC
Singleton Urquhart Reynolds Vogel LLP Vancouver
Michael A Branca
Peckar & Abramson PC Washington DC
Marion Hack
Troutman Pepper LLP California
Robert S Peckar
Peckar & Abramson PC New York
Sharon Vogel
Singleton Urquhart Reynolds Vogel LLP Toronto
Wm. Cary Wright Carlton Fields Florida
LEADING FIRMS Peckar & Abramson
Adrian Bastianelli III is a pillar of the US’ construction market, with sources reporting that he is “one of the finest construction lawyers in the world”. Robert Peckar is one of the US’ big names in construction law, held in high esteem by sources who consider him “an excellent construction litigator”. Michael Branca possesses “such knowledge of construction law that clients can avoid most litigation” say sources. They add that he is “exceptionally knowledgeable about the FARs and has a great deal of practical knowledge regarding government contracts”.
Singleton Urquhart Reynolds Vogel
R Bruce Reynolds is “very experienced and has great depth of knowledge of construction law issues". One source says: "He is my go-to choice for Canadian law issues." Sharon Vogel is “very experienced and has great depth of knowledge of construction law issues”, with sources recommending her as “an excellent arbitrator and mediator”. John Singleton QC “has market-leading expertise in the construction sector" and is highlighted as “a formidable construction specialist".
Stephen Berezowskyj focuses his top-tier practice on a range of high-value disputes spanning the construction and infrastructure industries.
Watt Tieder Hoffar & Fitzgerald
Shelly Ewald is a prominent name in the US construction market, with widespread recommendations for her work on construction contract disputes and handling of international arbitration proceedings. Lewis Baker enjoys a sterling reputation among peers in the construction market, and brings considerable skill and experience to his clients’ matters. Vivian Katsantonis is a distinguished construction specialist report sources, with an impressive track record representing clients in commercial construction and infrastructure matters.
Borden Ladner Gervais
Richard Shaban is “a stand-out leader in the field" who is “highly experienced and has great depth of knowledge regarding construction law issues". Jeffrey Vallis QC is “a true leader in the construction field" and “an extremely sharp
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attorney who has an excellent handle on the particulars of a matter". Patricia Morrison “consistently performs well and produces results" say sources adding: "Patricia possesses a depth of subject knowledge and her research skills are thorough."
Bradley Arant Boult
Douglas Patin sits among the most highly regarded construction lawyers in the US and is highly sought after for his work on government contracts and construction litigation. E Mabry Rogers is endorsed by peers as “one of the best ever in the field” and brings peerless experience with litigation and arbitration proceedings to her clients’ matters. Robert Symon is celebrated by sources for his extensive experience of construction and government contracts law.
Kilpatrick Townsend & Stockton
Randall Hafer is an established and eminent practitioner in the US, who brings over 35 years of experience with major construction disputes to his clients’ cases. R Lee Mann III leads the firm’s construction and infrastructure group and is counted among the finest construction lawyers in the US by peers.
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William Dorris is a renowned name in the US construction market with considerable experience advising clients on dispute proceedings and mediation.
Smith Currie
Lauren McLaughlin receives extensive recommendations thanks to her 20 years of
outstanding work for developers, contractors and owners in construction disputes. James Butler III is well versed with the arbitration and litigation of construction contracts, government contracts and environmental matters. Eric Nelson is singled out as a highly accomplished construction lawyer, sought
after for his expertise in federal project disputes and government contract issues.
OTHER LEADING INDIVIDUALS Canada
USA
Glenn Ackerley of WeirFoulds is highly sought after by clients for his skill with construction contracts, tender issues and project delay claims.
Jennifer Fletcher of Eversheds Sutherland is appreciated by peers as a leading lawyer for complex international and domestic construction disputes.
Matthew Alter with Cassels Brock & Blackwell is described by market commentators as “an excellent arbitrator and mediator” in the construction sector.
Marion Hack with Troutman Pepper is identified as a distinguished construction litigator, who brings over 20 years of experience with high-value construction disputes.
Goodmans’ Howard Wise is a favourite among peers and clients when it comes to the litigation of large and complex construction disputes, as well as arbitration and mediation proceedings.
Pillsbury Winthrop Shaw Pittman’s John Heisse is lauded by sources as “one of the top lawyers in the country” and “an exceptional construction litigator”.
Duncan Glaholt at Glaholt ADR is identified as one of Canada’s foremost construction lawyers, with peers saying he is “a very knowledgeable construction litigator”.
Deborah Ballati at JAMS receives widespread recommendations from peers across North America, who say she is “a very knowledgeable construction litigator”.
Robert MacPherson at Cokinos|Young receives recognition from sources who highlight him as “an exceptional construction litigator” in the US market. Wm. Cary Wright of Carlton Fields is acknowledged as one of the top US construction lawyers currently practising by peers, who say he is “very knowledgeable about construction insurance”. Christopher Burke with Varela, Lee, Metz & Guarino can be counted among some of the finest construction lawyers in the US, with peers readily endorsing his 20 years of work on international domestic construction litigation.
LATIN AMERICA Global Elite Thought Leaders Júlio César Bueno
Jaime Gray
Pinheiro Neto Advogados São Paulo
Víctor Ríos Salas
Molina Ríos Abogados Santiago
Navarro Sologuren Paredes Gray Lima
Juan Eduardo Figueroa Valdés
Figueroa Illanes Huidobro and Salamanca Abogados Santiago
LEADING FIRMS Navarro Sologuren Paredes Gray
Jaime Gray is a firm favourite of peers and clients in the market, who say he is “one of the great representatives of construction law in Peru”. Gustavo Paredes is a standout name in the region with impressive experience across a broad range of construction matters.
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Enrique Navarro Sologuren is a key name in the region and enjoys widespread endorsements from peer for his expertise and experience in the construction sector.
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OTHER LEADING INDIVIDUALS Argentina
Ricardo Barreiro Deymonnaz at Barreiro Oliva De Luca Jaca & Nicastro heads the construction and infrastructure practice at the firm and is a key name for matters in the Argentinian market.
Brazil
Júlio César Bueno of Pinheiro Neto Advogados is an eminent construction lawyer in Brazil, with peers saying he is “a standout lawyer in this area”. Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados’ Thiago Fernandes Moreira draws high praise from peers who say he is “excellent at and full of energy when negotiating construction contracts”.
Fernando Marcondes at MAMG Advogados ranks highly among peers who say he “is a well-reputed construction lawyer and perhaps one of the most senior figures in construction law in Brazil”.
Figueroa Illanes Huidobro and Salamanca Abogados’ Juan Eduardo Figueroa Valdés receives widespread endorsements for his practice as “one of the stars of construction law in Chile”.
At Veirano Advogados, Ana Carolina Barretto stands out among peers for her top-tier handling of construction projects and development.
Mexico
Chile
Roberto Hernandez-Garcia at COMAD is recognised as an important name in the Mexican construction market, with sources recommending him as “a fantastic lawyer” and “a go-to in the jurisdiction”.
Víctor Ríos Salas with Molina Ríos Abogados has built a top-notch practice in Chile, with sources reporting he is “among the best lawyers in construction law and real estate”.
ASIA-PACIFIC Global Elite Thought Leaders Glenn Haley
Timothy Hill
Dean Lewis
Ian Pennicott QC
Bryan Cave Leighton Paisner HK Hong Kong Pinsent Masons Hong Kong
Mohan Pillay
Pinsent Masons MPillay LLP Singapore
Hogan Lovells Hong Kong
Des Voeux Chambers Hong Kong
Andrew Stephenson
Corrs Chambers Westgarth Melbourne
Douglas Jones AO Independent Arbitrator Sydney
Peter Pether
King & Wood Mallesons Sydney
Andrew Stephenson
Corrs Chambers Westgarth Melbourne
Steven Yip
MinterEllison Hong Kong
LEADING FIRMS Pinsent Masons
Dean Lewis enjoys extensive acclaim among peers in the region, with market commentators saying he is “a truly excellent and very knowledgeable lawyer”. Mohan Pillay receives comprehensive recommendations for his construction practice from peers, who acknowledge him as “a true construction specialist”. Rob Buchanan is identified by respondents as “a highly regarded construction practitioner”, with wide-ranging experience in international construction matters. Matthew Croagh heads the Australian office of the firm and is a hugely respected name in the region for major construction and engineering disputes.
Corrs Chambers Westgarth
Andrew Stephenson is a “highly regarded lawyer” thanks to his outstanding work on the litigation and arbitration of large construction and infrastructure disputes. Michael Earwaker leads the project disputes practice in Sydney and brings significant experience as an engineer to his clients’ construction matters. Chris Ryder is an established name in the Australian construction market and receives extensive recommendations for his practice handling high-value project disputes.
Clyde & Co
Eugene Tan is singled out by peers as one of the region’s top names for construction
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matters. His practice spans transactional and dispute resolution matters in the sector. Beth Cubitt is lauded by peers as “a highly regarded construction practitioner” whose practice focuses on matters in the energy, infrastructure and mining sectors. Jon Howes sits among the region’s finest construction lawyers and brings extensive experience with advisory and contentious construction matters.
King & Wood Mallesons
Peter Pether ranks highly among peers thank to his significant experience of complex construction, engineering and infrastructure projects.
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Paul Starr is described by commentators as “a smart lawyer who is great on presentation”. He is sought after for his expertise in construction arbitrations.
Donovan Ferguson impresses peers with his handling of many complex construction cases in Hong Kong, bringing experience of the full range of construction and infrastructure issues to his clients’ matters.
OTHER LEADING INDIVIDUALS Australia
Independent arbitrator Douglas Jones AO is “an outstanding construction lawyer" who is” recognised around the world for his top-tier construction practice".
China
Hew Kian Heong at Herbert Smith Freehills is “highly regarded by his clients for his in-depth knowledge of the construction industry and comprehensive approach to the issues of clients”. Michelle Li has built a formidable construction practice and earns comprehensive recommendations for her work advising on both construction disputes and transactional matters. Wanhe Ye of Cyan Law is described by market commentators as “an extraordinary litigator” who is “very experienced and skilful”.
Hong Kong
Glenn Haley of Bryan Cave Leighton Paisner sits among the best construction lawyers in
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Southeast Asia and brings over 35 years of experience in major construction and infrastructure projects. Timothy Hill with Hogan Lovells “has a clear understanding of construction law and is also very knowledgeable about the law and practice of arbitration”. Ian Pennicott QC SC at Des Voeux Chambers is an accomplished silk in Hong Kong, whom peers describe as “highly regarded with specialist knowledge of dealing with construction cases”. Steven Yip of MinterEllison receives extensive recommendations for his work from peers, who say he is “hard working and has good knowledge of construction matters”.
Japan
Craig Shepherd at Herbert Smith Freehills is a pillar of the Japanese construction market, with over 25 years of experience with the arbitration and litigation of infrastructure issues.
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Korea
Kevin Kim of Peter & Kim is identified by commentators as “a star of the Korean construction market” and “a real pleasure to work with”. Byung-Woo Im with Kim & Chang is a well-respected name in the construction market when it comes to cross-border litigation and international arbitration proceedings.
Singapore
Paul Sandosham at Clifford Chance is “extremely knowledgeable in the fields of both construction and arbitration” compliment peers, adding: “He is fair and calm under pressure, with fantastic problem-solving skill.” At 39 Essex Chambers, David Bateson ranks highly among peers thanks to his adept handling of high-value construction arbitration proceedings.
Fleischmann & Román Abogados is a boutique law firm, that is characterised for delivering an excellent service to its clients. The firm specialises in construction, infrastructure, public works concessions, litigation, arbitration and dispute resolution, in which its lawyers have a vast experience and a professional trajectory together of more than 40 years. In addition, the firm provides advice on corporate, real estate, labor and telecommunications issues, and has been recognized in the areas of expertise as a firm and its partners individually by the most important legal rankings worldwide such as Chambers & Partners, The Legal 500, Best Lawyers, Who’s Who Legal and Leaders League, among others. Fleischmann & Román Abogados is a firm committed to deliver an integral and focused service, both to people and companies, local and foreign, through a specialised, timely, efficient and strategic advice, which responds faithfully to the needs of each of its clients, which has led to establish itself within the best offices in its field, according to the legal rankings. Fleischmann & Román Abogados stands out for its practice and professional quality, fostering and promoting closeness and efficiency for its clients, with top-level professionals and a long and recognised track record in matters of high complexity and relevance to the country, both in the public sphere and as in the private sector.
Disputes Resolution
MAIN PRACTICE AREAS: Construction and Infrastructure
Real Estate
Fleischmann & Román Abogados has a long-standing experience and renowned expertise in this field. Throughout the years, both local and international corporations have entrusted the firm with advice in all matters and fields related to this practice area. The firm is composed by a team of lawyers highly specialised in construction, public and private infrastructure, disputes, arbitration and mediation. Lawyers at Fleischmann & Román Abogados have successfully provided advice in construction and infrastructure projects, both under public and private law, and all throughout their development stages, i.e., from their negotiation - bid, to their complete execution, which gives Fleischmann & Román Abogados a complete and integral view when providing advice on infrastructure projects.
Fleischmann & Román Abogados is widely renowned in all aspects relating to this practice area. Led by Hernán Fleischmann Chadwick, named as “Lawyer of the Year in Construction" (2018) by the prestigious ranking Best Lawyers, the firm has a long track record in providing legal counsel to local and foreign companies regarding disputes, trials, arbitration, mediation and dispute resolution in general. Fleischmann & Román Abogados is specially focused as a boutique law firm in the field of dispute resolution, particularly regarding infrastructure, construction, public works concessions and mining, both within the public and private sector. Besides, the firm specialises in civil and commercial arbitration and litigation. Lawyers at Fleischmann & Román Abogados have successfully taken part in local and foreign arbitration procedures and negotiations, relating to construction and infrastructure projects, such as public works under concession; penitentiary, energy, airport, highway, desalination and mining infrastructure projects, among others. Lawyers at Fleischmann & Román are renowned for their vast technical knowledge on construction matters, which facilitates interacting with the client when representing and/ or claiming its interests.
Fleischmann & Román Abogados provides local and international companies with advice in matters such as, corporate law, projects, negotiation and drafting of all types of agreements and counsel in both urban and rural real estate transactions. Counseling includes real estate planning and development, construction contracts, subdivision of land, condominiums and land allocation, as well as real estate funds and security structuring. Fleischmann & Román Abogados manages personalised and strategic formulas for each client, in order to make their projects more profitable and competitive. For such purpose, the firm gets deeply involved in all of their aspects, such as their tax, urbanistic, financial and commercial impacts. The experience and background of Fleischmann & Román Abogados in this field has been recognised by the best legal rankings worldwide.
About HKA
multi-disciplinary service that combines quantum, engineering, architecture and technical, delay, disruption, forensic accounting, damages, and government contracts analysis.
This includes risk mitigation and dispute resolution within the capital projects and infrastructure sector where our expert witnesses span the full range of disciplines including: • Delay • Quantum and Damages • Engineering, Architecture and Technical • Forensic Accounting and Commercial Damages • Government Contracting
Reach
HKA is the world’s leading consultancy of choice for multi-disciplinary expert and specialist services.
Our experts are widely experienced in forensic accounting matters, advising clients on the economic impact of commercial and investment treaty disputes and in complex insurance matters. In addition, HKA supports companies that conduct business with the US Federal Government, providing them with consulting services on complex government contracting matters.
HKA experts
HKA experts help to resolve disputes in expert determination, mediation, arbitration and litigation. Experienced as party or tribunal appointed experts, arbitrators and neutral accountants, we are able to advise and, if needed, give evidence under cross-examination, including concurrent evidence or ‘hottubbing’ – in every jurisdiction. Clients have access to proven leaders and problem-solvers who decode complexity through collaborative working and innovative thinking.
A multi-disciplinary approach to disputes
Whether providing expert advisory, expert determination or expert witness services, HKA occupies the unique,
As well as more than 500 expert witnesses, HKA now has in excess of 500 advisors and consultants – across 40+ offices in 16 countries – with the skills and experience that are essential to get to the heart of even the most complex issues.
Markets and industries
HKA’s global portfolio includes prestigious projects on every continent and in market sectors that include buildings, industrial and manufacturing, power and utilities, resources, technology and transportation infrastructure. Our forensic accounting and commercial damages teams specialise in areas such as valuations, economic damages, investigations, bankruptcy, intellectual property, post acquisition disputes and insurance claims. HKA experts’ experience in government contracting is profound and covers contract disputes, investigating allegations of false claims and defective pricing, compliance reviews and audit services as well as other tailored support.
Professional standing and recognition
HKA was awarded 'Construction Expert Witness Firm of the Year 2020' by Who’s Who Legal (WWL), winning the award twice in three years. We ranked as the top firm in WWL: Construction's expert witnesses analysis for the last four years, with our leading quantum, engineering and delay experts being recognised for their skills and reputation. HKA’s expert witnesses also feature in WWL’s Arbitration, Litigation, Investigations – Forensic Accounting, Canada and Australia analysis, selected for their exceptional work providing written and oral testimony in contentious proceedings.
PROFILES Editorial policy and selection criteria Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Profiles
Australia
Donald Charrett
Nicholas J Longley
Jodi Steele SC
Dr Charrett is an arbitrator and mediator, practising in technology, engineering and construction disputes. His construction law experience includes arbitration; mediation; expert determination; membership of dispute boards; facilitation of experts’ conferences; Supreme Court Special References; and litigation. He is a fellow of the Chartered Institute of Arbitrators; a member of the FIDIC president’s list of adjudicators; and a senior fellow at the University of Melbourne. He was named Best Construction Law Practitioner in Australia (2016) by Business Worldwide Magazine; and a Thought Leader in construction (2019 and 2020) by WWL. Prior to becoming a lawyer he worked as an engineer for over 30 years, including 12 years as a director of a consulting engineer. Dr Charrett’s engineering experience included computer applications; structural design; managing engineering projects; acting as an expert witness; and management roles in contract negotiation and administration, insurance, international joint ventures and corporate restructuring. From 2012 to 2014 he was non-executive chairman of consulting engineering company AMOG. Dr Charrett has published widely on legal and engineering subjects, and presented conference papers, workshops and training courses in Australia and internationally. His legal publications include articles on FIDIC contracts; dispute boards; expert evidence; dispute avoidance; contract risk; forensic engineering; contractual lessons from past projects; design and construct contracts; quantum meruit; proportionate liability; and professional indemnity insurance and reinsurance. He is the editor of The International Application of FIDIC Contracts; author of The Application of Contracts in Engineering and Construction Projects; and co-author of The Application of Contracts in Developing Offshore Oil and Gas Projects and Practical Guide to Engineering and Construction Contracts.
Nick is a partner at HFW with more than 30 years’ experience as a construction and construction insurance lawyer. He primarily advises head contractors, specialist subcontractors and construction design consultants. He focuses on arbitration and large scale litigation relating to major transport infrastructure and energy-related projects, particularly renewable energy. He is a fellow of The Chartered Institute of Arbitrators and an executive board member of ACICA. Nick is a practicing arbitrator and is on the list of arbitrators at the HKIAC, a Grade 3 Resolution Institute arbitrator as well as being on the list of arbitrators held by the Asian International Arbitration Centre. Nick is admitted in England and Wales, Hong Kong and Victoria, Australia. Nick advises on projects globally from his base in Melbourne. Key experience includes: Acting for Korean EPC contractors in relation to disputes concerning the construction of a power plant in Iraq, representing an International joint venture contractor in insurance claims for a rail tunnelling project in Perth, Australia, acting for an engineering consultant in multi-party proceedings in the NSW Supreme Court relating to tunnelling project in Sydney, acting for EPC contractors for solar farm projects in Queensland, NSW and Victoria in claims under the EPC Contract and claims against subcontractors and suppliers, acting for specialist heavy lift contractors in claims against the head contractor relating to claims for delays and additional works relating to a wind farm project in Victoria, and advising Korean EPC contractors in respect of claims for additional work and defects relating to a hydro-power plant in Pakistan
Jodi is recognised as a leading senior counsel in disputes concerning construction and infrastructure, mining, commercial, procurement contracts, professional indemnity and insurance law. She brings over 25 years’ legal experience to the resolution of complex disputes, both as a solicitor and subsequently as a barrister and senior counsel. Consistently briefed in technically challenging and large-scale disputes, Jodi’s clients have included the Commonwealth of Australia, major insurers, builders, developers, property owners, government owned investment companies, as well as architects, certifiers, engineers and valuers. She is often briefed at appellate level and has appeared in construction cases in the High Court of Australia. Jodi also advises and appears in domestic and international arbitrations in the Asia-Pacific region. An accomplished advocate, Jodi’s clients describe her as tactical and incredibly persuasive, and compliment her on her superior cross-examination skills, particularly of expert witnesses. She is a strategic and commercial senior counsel who is valued for her collaborative approach to matters and strong interpersonal skills. Jodi is also hard working, methodical and pays close attention to detail. Jodi is easy to work with and prides herself on combining her legal acumen and strategic insights to achieve successful outcomes for her clients. Prior to being called to the Bar, Jodi practised as a solicitor in the Construction Department of top-tier law firm Allens Arthur Robinson (now Allens Linklaters).
41 Hinkler Road Victoria Glen Waverley, 3150 Tel: +61 419 950 000 d.charrett@me.com www.expertdetermination.net
Level 39 Bourke Place, 600 Bourke Street Melbourne, Victoria 3000 Tel: +61 3 8601 4585 nick.longley@hfw.com www.hfw.com
Level 13 174 - 180 Phillip Street Sydney, NSW 2000 Tel: +61 2 8915 5131 jsteele@13wentworth.com.au jodisteele.com.au
Peers and clients say: “His analytical skills are first rate” “His determination in our case was thorough and well considered” “He is a diligent and fair practitioner”
Peers and clients say: “Nicholas is commercial, sensible and internationally oriented in his approach to complex construction disputes” “He is a top lawyer in the Australian market”
Peers and clients say: “I found Jodi to be incredibly engaging and she was able to work through some very complex issues with great skill” “She is always available to help and to guide” “Jodi is rapidly establishing herself as a leading senior counsel specialising in construction disputes”
Expert Determination Chambers
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Profiles
Brazil
Canada • Alberta
Victor Madeira Filho
Patricia Morrison
Jeffrey D Vallis QC
Victor Madeira Filho is a founding partner and head of the construction and engineering practice at Brazilian law firm Madeira, Valentim & Gallardo Advogados. He is recognised as one of the best construction lawyers in Brazil. His practice areas within construction, engineering and infrastructure include: civil construction projects; steel production projects; mining projects; logistics projects; energy projects; sanitation; contract negotiation; public bids; claims mitigation and dispute avoidance techniques; dispute boards and mediation; and litigation and arbitration. Victor Madeira Filho’s accumulated practical experience includes: complex negotiation; strategic pre-litigation; ADRs; arbitration and strategic litigation; and financing agreements. Victor Madeira Filho is also an experienced arbitrator and has been consistently appointed to be part of arbitration panels in complex construction disputes in both domestic and international arbitrations. He is the president of the Brazilian Institute of Construction Law; a member of the Dispute Resolution Board Foundation; division eight of the construction forum of the American Bar Association; the Construction Law Society; and Construlegal. He received his Bachelor of Laws degree (JD equivalent) from the Pontifical Catholic University of São Paulo (PUC-SP) and was a foreign associate at Peckar & Abramson PC, USA. He speaks Portuguese, English and Spanish.
Patricia (Trish) Morrison is a partner at BLG and is the National Business Leader of the firm’s construction group. She provides strategic advice to owners, developers, contractors, architects and engineers for the management of risk on construction projects, from project start to completion. Trish has extensive experience in the mediation, arbitration and litigation of construction disputes on large-scale commercial, industrial, and infrastructure projects, such as disputes involving tenders, RFPs, construction contracts, liens, design and engineering issues, construction deficiencies, cost overruns and delay. In addition, she advises clients on front-end project matters such as project delivery models, tendering and other procurement methods, contract negotiation and drafting, including P3 agreements, and provides advisory services throughout projects. Trish also provides advice on project related environmental and product liability issues. Trish devotes a substantial amount of time to industry and professional associations. She is a Fellow and Governor of the Canadian College of Construction Lawyers, past chair of the Canadian Bar Association National Construction Law Section, and a former Director of the Calgary Construction Association. She regularly presents at industry and client seminars and is a frequent writer on a variety of construction law topics. She is recognised as a Leading Lawyer in Construction in Chambers Canada; in The Best Lawyers in Canada (Construction Law); in The Canadian Legal Lexpert® Directory (Construction Law); in Lexpert®/ROB Special Edition: Canada’s Leading Infrastructure Lawyers; in Who’s Who Legal: Canada and Who’s Who Legal: Construction; and as a litigation star in Benchmark Canada (Construction and Environmental). She is called to the Bar in Alberta (1998) and Manitoba (2015).
Jeffrey Vallis Q.C., FCIArb, is partner and member of BLG’s Construction group, international trade and arbitration group, and international construction projects group. He acts on behalf of owners, contractors, subcontractors, lenders and sureties in disputes arising from large-scale construction and engineering projects in the infrastructure, industrial and commercial sectors. Jeff has extensive experience before the Court of Queen’s Bench of Alberta and the Alberta Court of Appeal. He has also appeared before the superior courts of Saskatchewan and Manitoba, the Federal Court of Canada and the Supreme Court of Canada.Jeff acts extensively as counsel in both domestic and international arbitrations, and has served as both an arbitrator and a mediator. He is a Fellow of the Canadian College of Construction Lawyers, the American College of Construction Lawyers, and the Chartered Institute of Arbitrators and he is a member of the Western Canada Commercial Arbitration Society. Jeff is also a former instructor for The University of Calgary Law School Trial Advocacy Program.
Peers and clients say: “Patricia is very knowledgeable regarding litigation and construction issues” “She consistently performs well and produces results” “Patricia possesses a depth of subject knowledge and her research skills are thorough”
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Madeira, Valentim & Gallardo
Rua Ramos Batista 198 12th floor São Paulo, 04552-020 Tel: +55 11 3064 4900 victor.madeira@mvga.com.brr www.mvalaw.com.br
Peers and clients say: “Victor is a truly excellent professional” “He is a very talented construction lawyer with in-depth knowledge of the sector”
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Centennial Place, East Tower 1900, 520-3rd Ave. S.W. Calgary, T2P 0R3 Tel: +1 403 232 9472 pmorrison@blg.com www.blg.com
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Profiles
Canada • Alberta
British Columbia
Ontario
Jeffrey D Vallis QC (cont.)
John R Singleton QC
Brendan Bowles
Jeff is recognised as one of the leading lawyers in Canada for construction law by the foremost legal rankings publications including being recognised in Chambers Canada 2022 for Construction and Dispute Resolution: Arbitration as well as Chambers Global 2022 for Dispute Resolution: Arbitration. He was the Canada and Alberta winner of Lexology Client Choice Award (Construction) and he was recognised as Construction Litigator of the Year at the 2018 and 2019 Benchmark Canada Awards. Jeff is called to the Alberta Bar, Manitoba Bar, and Saskatchewan Bar and was appointed Queen’s Counsel in 2004.
John Singleton is a principal legal figure in the country’s construction industry, having played key roles in major developments across Western Canada. He founded the firm in Vancouver, in 1982, with a vision of creating a practice that would stand out for its expertise in construction and infrastructure law. Today, Singleton Urquhart Reynolds Vogel LLP serves clients across the country and is recognised internationally for its knowledge and insight. As Chair of the firm, John has acted as counsel in precedent-setting cases involving insurance, construction, liability and environmental matters. He offers extensive experience in major infrastructure projects and public private partnerships, as well as complex commercial disputes. John is an accomplished mediator and arbitrator. He earned the chartered arbitrator designation (CArb) from the ADR Institute of Canada and over the past decade has served as fairness adviser on more than 90 infrastructure projects, ranging from the construction of hospitals and hydro energy enterprises, to the building of the RCMP headquarters in Surrey, BC. He has dedicated significant time to sharing his knowledge through academia and professional journals. He is an adjunct professor of law at the University of British Columbia and the Thompson Rivers University and was a visiting lecturer at Stanford University’s law school. John is consistently recognised as a leader in the construction legal field, regularly earning top rankings from Lexpert, Best Lawyers, Who’s Who Legal, Martindale-Hubbell and others. Benchmark Canada has designated him a “litigation star” and Chambers Canada recently labelled him a “top gun”. John was also recently recognised by Benchmark Canada Awards as Hall of Fame Lawyer of the Year.
Brendan Bowles is certified as a specialist in construction law by the Law Society of Ontario. He acts regularly for a variety of clients in the mediation and arbitration of construction disputes, and has appeared at all levels of Ontario courts, up to and including the Court of Appeal. He has significant experience in various types of construction claim cases, including construction liens, delay claims, construction deficiencies and professional negligence. Brendan is an Associate of Canadian Surety Bonding (ACSB). This designation is conferred by the Surety Association of Canada upon the completion of courses at the University of Toronto in suretyship, construction and surety law, accounting and business. He has also authored and co-authored articles on various topics related to construction law. Brendan is a frequent speaker on construction law topics and was formerly an instructor of Construction Law courses at Ryerson University and George Brown College in Toronto. In addition, Brendan has acted as an independent study director for the University of Ottawa Faculty of Law, common law section, and a guest lecturer at University of Toronto, Faculty of Law. Brendan served on the executive of the construction and infrastructure law section of the Ontario Bar Association for 15 years, including as chair in the 2015–2016 term. He is currently a fellow of the Canadian College of Construction Lawyers, and also serves as editor of the College’s Legal Update newsletter.
925 West Georgia Street Suite 1200 Vancouver, V6C 3L2 Tel: +1 604 377 7557 jsingleton@singleton.com www.singleton.com
141 Adelaide St. W Suite 800 Toronto, M5H 3L5 Tel: +1 416 368 8280 brendanbowles@glaholt.com www.glaholt.com
Peers and clients say: “John has marketleading expertise in the construction sector” “He is a formidable construction specialist” “John is at the top of his game”
Peers and clients say: “Brendan has a leading reputation in large-scale construction matters” “He is a measured, meticulous and highly strategic professional”
Centennial Place, East Tower 1900, 520-3rd Ave. S.W. Calgary, T2P 0R3 Tel: +1 403 232 9404 jvallis@blg.com www.blg.com
Peers and clients say: “Jeffrey is a true leader in the construction field” “He is very well known for his deep expertise in construction disputes” “Mr Vallis QC is an extremely sharp attorney who has an excellent handle on the particulars of a matter. He is well respected by peers in the industry” “Jeff Vallis is professional, courteous, capable and ethical. He is deserving of recognition by WWL.” 16
Singleton Urquhart Reynolds Vogel LLP
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Glaholt Bowles LLP
Profiles
R Bruce Reynolds
Richard H Shaban
Singleton Urquhart Reynolds Vogel LLP Bruce Reynolds has earned a stellar reputation in the construction industry for settling disputes and drafting and negotiating contracts. Who’s Who Legal has recognised him as “one of the foremost construction practitioners in the world,” while his clients have praised him for his legal skills, integrity and clarity of insight. Bruce is co-managing partner and chair of the international construction projects Group at Singleton Urquhart Reynolds Vogel LLP. He specialises in the resolution of construction and insurance claims, liens, surety bond claims, product liability issues, and architects’ and engineers’ errors and omissions issues. In addition, he advises clients on construction projects in Canada, the United States and overseas. Together with his colleague Sharon Vogel, he has played a significant role in helping the Ontario government modernise the province’s construction law and helping to shape the Construction Act. Among the changes to the legislation are the creation of a prompt payment regime and the introduction of a mandatory interim binding dispute resolution system. He was also retained as counsel by the federal government of Canada to assist in the introduction of new legislation on prompt payment and adjudication, co-authoring the independent expert report Building a Federal Framework for Prompt Payment and Adjudication. He has been certified as a specialist in construction law by the Law Society of Upper Canada. He is a Fellow of both the Canadian and American Colleges of Construction Lawyers, vice-president of the International Academy of Construction Lawyers, and past Co-Chair of the International Construction Projects Committee of the International Bar Association.
Borden Ladner Gervais LLP Bruce has been recognised twice as Global Construction Lawyer of the Year by Who’s Who Legal and as Toronto Construction Lawyer of the Year by Best Lawyers. He is listed in Chambers Global (Band 1) and Martindale-Hubbell (AV), and he is also recognised in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (construction law) and the Canadian Legal Lexpert Directory.
150 King Street West Suite 2512, PO Box 24 Toronto, M5H 1J9 Tel: +1 416 585 8601 breynolds@singleton.com www.singleton.com
Peers and clients say: “Bruce is very experienced and has great depth of knowledge of construction law issues” “He is my go-to choice for Canadian law issues”
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Rick is a senior partner in BLG’s Construction Group and he is widely considered one of Canada’s leading infrastructure, surety and construction lawyers. Rick brings practical legal and industry-specific expertise to each client engagement and is uniquely positioned as both a barrister and a transactional lawyer. Rick is recognised for his unrivalled P3 experience in the healthcare sector, having been extensively involved in healthcare infrastructure projects across Ontario. He specialises in construction, surety and procurement law including: construction contracts and project delivery methods, public infrastructure procurement and contracts, construction insurance and surety bonds. Rick has been actively involved in a large number of construction and infrastructure projects – successfully leading transaction teams and closing a number of public-private partnership deals, as well as crafting complex project agreements. Rick also has extensive experience in domestic and international dispute resolution having resolved countless project disputes including appearances at every level of court including the Supreme Court of Canada. He is a founding Fellow and a past president of the Canadian College of Construction Lawyers and a member of the International Bar Association American Bar Association (Tort Trial and Insurance Practice Section, Fidelity & Surety Law Committee, and Forum on the Construction Industry), Canadian Counsel for P3s and Board of the Surety Association of Canada. He is a past co-director of the Osgoode Hall Certificate Program in P3 and a former member of the Finance Committee of the Canadian Construction Association. Rick is recognised by the foremost legal rankings publications including Chambers Canada for Construction (Band 1) and Who’s Who Legal: Government Contracts.
Bay Adelaide Centre 22 Adelaide Street West, East Tower Suite 3400 Toronto, M5H 4E3 Tel: +1 416 367 6262 rshaban@blg.com www.blg.com
Peers and clients say: “Richard is highly experienced and has great depth of knowledge regarding construction law issues” “He is a stand-out leader in the field” 17
Profiles
Canada • Ontario
Quebec
Sharon Vogel
Daniel Ayotte
Singleton Urquhart Reynolds Vogel LLP Sharon Vogel has been recognised for her success at settling disputes relating to large-scale infrastructure, industrial and commercial projects. Among the many professional acknowledgments she has recently received, she was recognised as one of the 25 most influential lawyers in Canada by Canadian Lawyer, Benchmark Litigation has named her Construction Lawyer of the Year and one of the top 25 women in litigation, and she is ranked Band 1 by Chambers Global. She is certified as a specialist in construction law by the Law Society of Ontario and is a fellow of the Canadian and American Colleges of Construction Lawyers and the Chartered Institute of Arbitrators. Sharon is a named partner at Singleton Urquhart Reynolds Vogel LLP, co-chairs the firm’s construction and infrastructure practice group, and is a member of the Management Committee. Her expertise includes negotiation, mediation, arbitration and litigation of construction disputes, including construction liens, breach of contract, delays, surety bonds, construction insurance, and architects’ and engineers’ errors and omissions. She has served as counsel to numerous government agencies, municipalities, private owners, and contractors to successfully manage delays and other legal issues on high-profile transportation, transit, energy, hospitals, mines, manufacturing facilities, water and wastewater, schools, and industrial, commercial, and institutional projects. Together with her colleague Bruce Reynolds, she has played an important role in helping the Ontario government modernise the province’s construction law and helping to shape the Construction Act. Among the changes to the legislation are the creation of a prompt payment framework and the introduction of a mandatory dispute resolution system.
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Borden Ladner Gervais LLP Sharon was also retained as co-counsel by the federal government to assist in the introduction of new legislation on prompt payment and adjudication. She co-authored the independent expert report Building a Federal Framework for Prompt Payment and Adjudication. She is a Senior Fellow at the University of Melbourne, teaching International Construction Law. She is co-author of the text, A Guide to Canadian Construction Insurance Law.
Daniel is senior counsel in BLG’s Construction and Engineering Group and he specialises in litigation, arbitration and mediation. Daniel practises in the areas of construction, infrastructure and industrial projects, product liability, architects’ and engineers’ professional liability, surety, and insurance. He is the co-founder of the construction law section of the Québec division of the Canadian Bar Association and the Past President and Governor of the Canadian College of Construction Lawyers. Daniel is the author of numerous papers on construction and contract law and he is a frequent lecturer to corporations, professional associations, and insurers. Daniel has successfully pleaded several landmark cases, including Bank of Montreal v. Commission Hydroélectrique du Québec et al., in which the Supreme Court of Canada defined the duty to inform in contractual matters arising from the general obligation to act in good faith; Walsh & Brais inc. v. Montréal (Communauté urbaine de) REJB 2001-26438 (C.A.); Birdair v. Danny’s Construction Company inc., 2013 QCCA 580; and Hydro-Québec v. Construction Kiewit Cie, 2014 QCCA 947, where the Québec Court of Appeal defined the duty to cooperate in construction contracts. Daniel is recognised as a leading lawyer for construction law by the foremost legal rankings publications including being recognised in Chambers Canada for Construction. He was called to the Québec Bar in 1972.
150 King Street West Suite 2512, PO Box 24 Toronto, M5H 1J9 Tel: +1 416 585 8602 svogel@singleton.com www.singleton.com
1000 de La Gauchetière Street West Suite 900 Montreal, H3B 5H4 Tel: +1 514 954 3138 dayotte@blg.com www.blg.com
Peers and clients say: “Sharon is very experienced and has great depth of knowledge of construction law issues” “She is an excellent arbitrator and mediator”
Peers and clients say: “Daniel is brilliant, an industry leader” “He is very well known in Quebec”
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Profiles
Simon Grégoire
Yvan Houle
Simon is a partner and member of BLG’s construction group and international trade and arbitration group. He practises commercial and construction litigation and specialises in complex cases. He has been involved as lawyer or arbitrator in several large-scale disputes, nationally and internationally, concerning major infrastructure projects ranging from electrical power plants to highways and bridges, aluminium smelters, petrochemical plants, gas pipelines, hospitals, and stadiums. Simon is an author and guest speaker on the topics of construction law, the law of evidence, and arbitration. He was selected by peers for inclusion in The Best Lawyers in Canada, the Canadian Legal Lexpert Directory and the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. He is also recognised by Chambers Canada, Who’s Who Legal: Canada, and the International Who’s Who of Construction Lawyers. Simon is a Fellow of the Chartered Institute of Arbitrators and the Canadian College of Construction Lawyers. He serves regularly as a trainer in workshops for younger lawyers on the art and techniques of trial advocacy. He graduated from McGill University Law School with a BCL and LLB and from the University of London (LSE and UCL) with an LLM in international business transactions. Simon was called to the Québec Bar in 1988.
Yvan is a partner and a member of BLG’s construction group. Yvan’s practice is focused on construction law, particularly on all matters related to procurement and tendering, contract negotiating and drafting and dispute resolution. He advises clients working in the construction and infrastructure field in a wide array of project delivery models, including public-private partnerships, design, building, finance and maintenance contracts and engineering, procurement and construction management contracts. Yvan advises clients with respect to all aspects of the procurement process, including advising on proper procurement models, drafting of tender documents, and negotiating construction contracts. He has particular expertise relating to the application of the legislative and regulatory regimes governing the construction industry and public procurement of construction projects in the province of Québec.He is also active in both Nunavik and Nunavut, where his Indigenous and construction law expertise allow him to advise and assist various Inuit, First Nation organizations and related stakeholders with indigenous project procurement and disputes.In addition to his advisory experience, Yvan remains an active member of the Bar and has represented and continues to represent parties before the Québec, Ontario, Nunavut and Federal Courts relating to procurement, construction, surety, professional, and product liability matters. He also acts as an arbitrator in construction-related disputes.
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP Yvan is actively involved with professional associations in his field, including the Canadian Construction Association and the Conseil des infrastructures. He is a Fellow and Governor of the Canadian College of Construction Lawyers and former President of the national Construction and Infrastructure Law Section of the Canadian Bar Association. He is called to the Bar in Québec (1989), Ontario (1986), and Nunavut (2013).
1000 de La Gauchetière Street West Suite 900 Montreal, H3B 5H4 Tel: +1 514 954 3151 sgregoire@blg.com www.blg.com
1000 de La Gauchetière Street West Suite 900 Montreal, H3B 5H4 Tel: +1 514 954 3146 yhoule@blg.com www.blg.com
Peers and clients say: Simon Grégoire is an authority on construction disputes with a superb record acting as lead counsel on complex construction projects.
Peers and clients say: “Yvan has been representing all types of stakeholders in the construction industry for over 30 years” “He has a deep understanding of construction issues from many perspectives” “He possesses credibility and creativity in finding solutions for his clients” whoswholegal.com
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Profiles
Chile
Francisco Blavi
Hernán Fleischmann Chadwick
Julio Pellegrini
Francisco Blavi is partner at Coz Jofré & Blavi Abogados, a boutique law firm specialised in dispute resolution. Mr Blavi has vast experience representing clients in litigation and commercial arbitration within a broad range of industries, with a special focus on construction, energy and corporate disputes. In fact, he has been recognised by leading legal directories as an expert in the field. Mr Blavi regularly acts as arbitrator, counsel and legal expert for dispute resolution proceedings, in Chile and internationally. He has been involved in cases administered by the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA) and the United Nations Commission on International Trade Law (UNCITRAL), among others. Mr Blavi is professor of civil procedure and arbitration at the Pontifical Catholic University of Chile. He is author of several publications in connection with international arbitration, litigation and negotiation, and has been invited to speak to numerous symposiums and seminars worldwide. Mr Blavi obtained his LLM from Columbia University, sponsored by the Fulbright Commission, after graduating with honours from the Pontifical Catholic University of Chile. Mr Blavi speaks Spanish, English and basic French.
Hernán Fleischmann Chadwick is a founding partner at Fleischmann & León Abogados. He has specialised in infrastructure and construction law, and domestic and international litigation and arbitration. His professional practice has focused mainly on infrastructure and construction work, related to public and private sector, in the field of mining, roads, airports, reservoirs, hospitals, energy, highways, tunnels, and real estate, among others. Hernán qualified as a lawyer at the Pontifical Catholic University of Chile (1999), having obtained the highest distinction in his licence exam (summa cum laude). He has a postgraduate degree in tax law from Adolfo Ibañez University and a Master of Laws degree (LLM) from Georgetown University (2004). He has published several articles and has lectured various classes and seminars on subjects of his specialty. His teaching experience includes acting as professor in construction law at the University of Los Andes (2015–) and the Pontifical Catholic University (2018). He has been an arbitrator at the Arbitration and Mediation Center of the Chamber of Commerce of Santiago since 2014, and arbiter of the judicial power of Chile. He is a member of the Chilean Bar Association, the Arbitration Committee on Construction, the Latin American Arbitration Association and the International Bar Association (IBA). He has been highlighted by Chambers & Partners Global, Chambers and Partners Latin America, The Legal 500, Best Lawyers and Practical Law Company, among other recognised international publications, in the areas of dispute resolution, projects, constructions and public law. In 2018, he was named by Best Lawyers as Lawyer of the Year in construction matters.
Julio Pellegrini is founding partner at Pellegrini & Rencoret, a boutique law firm specialised in construction dispute resolution. Mr Pellegrini has vast experience both as arbitrator and counsel, representing clients in litigation and commercial arbitration within a broad range of industries and with a special focus on construction, infrastructure, mining energy and real state. He has wide experience regarding EPC contracts and has been involved in arbitrations under the ICC and UNCITRAL Rules of Arbitration. He has been involved in several of the most important dispute resolution cases in the country for the past 15 years, to the extent that he has been recognised by numerous legal directories as one of Chile’s leading litigators and arbitration practitioners. He was arbitrator in public concession works in Chile and he is currently arbitrator for several cases under de Arbitration and Mediation Center of the Chilean Chambers of Commerce and other arbitration centers as well, both domestic and internationally (e.g. Quito). Mr Pellegrini is member of the Chilean Bar Association, director of the Chile’s Manufacturers’ Association (SOFOFA) and professor of both private law and economic analysis of law at the Pontifical Catholic University of Chile. He also teaches in the postgraduate’s school of law of the same University and has written widely in specialist journals and publications both in Chile and abroad. Mr Pellegrini obtained his LLM from the University of Chicago, after graduating with honors from the Pontifical Catholic University of Chile. He speaks Spanish and English.
Av. Pdte. Riesco 5335 Oficina 604. Las Condes Santiago Tel: +56 23202 6317 fblavi@cjb.cl www.cjb.cl
Isidora Goyenechea 3621 piso 5 Santiago, 7550110 Tel: +56 2 3220 9660 hfch@fyrabogados.cl www.flycia.cl
Peers and clients say: “Francisco is a star in the Chilean construction market” “He is amazing and an incredibly powerful advocate”
Peers and clients say: “Hernán is one of the stars of construction in Chile” “He has deep knowledge of the field”
Coz Jofré & Blavi
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Fleischmann & Román Abogados
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Pellegrini & Rencoret
Av. Isidora Goyenechea 3621 Piso 5 Las Condes Santiago, 7550110 Tel: +56 2 2 611 9500 jpellegrini@pycia.cl www.pycia.cl
Peers and clients say: “Julio is a fantastic arbitrator and litigator” “His communication is seamless and always timely”
Profiles
Egypt
Rodrigo Riquelme Yáñez
Mohamed S Abdel Wahab
Riquelme, Silva & Fuentes
Mr Riquelme has specialised in the resolution of high-complexity disputes, focusing his practice on national and international litigation and arbitration in a range of areas including public works concessions, infrastructure and large-scale construction and engineering projects. His practice includes consulting on public procurement matters, specifically in the construction of State public works and public works under concession. Mr Riquelme has notably acted as legal counsel to clients who have built public hospital infrastructure and roads over vast areas of the country. Likewise, he has acted as advisor to clients who have participated in the construction the public hospital infrastructure, of public penitentiary works, airports, highways and other significant public works. Mr Riquelme has a Master of Laws degree from Pontificia Universidad Católica de Chile, graduated with maximum distinction. He completed postgraduate studies in Administrative Law at the University of Salamanca, Spain. Member of the Chilean Bar Association, the Chilean Society of Construction Law, the Public Procurement Observatory of the University of Zaragoza, the Spanish Club of Arbitration (CEA), the Latin American Association of Arbitration (ALARB) and the International Bar Association (IBA). In the academic area, he is a professor of the construction law postgraduate course at Pontificia Universidad Católica, of the Construction Law postgraduate course at Universidad de Los Andes and of the Concessions Law Course at Universidad del Desarrollo.
Zulficar & Partners Law Firm He has been highlighted by Chambers & Partners, by The Legal 500, by Best Lawyers, by Who’s Who Legal and Leaders League and he recognised by LACCA. Mr Riquelme Speaks Spanish, English and French.
Magdalena 140 piso 18 Las Condes Tel: +56 2 2 435 5929 rodrigo.riquelme@rsfabogados.cl www.rsfabogados.cl
Peers and clients say: “Rodrigo is a top-notch trial lawyer with great knowledge of construction matters” “He is fast and convincing in his advice on complex matters” “In negotiations, Rodrigo is firm and proactive in pursuit of solutions for his clients” whoswholegal.com
Professor of international arbitration, private international law and English contract law, Cairo University; Chair of the International Expert Advisory Committee of the Permanent Forum of China Construction Law – China; Fellow of International Academy of Construction Lawyers; Dean and Member of the Advisory Council of the Africa Arbitration Academy; Treasurer and Member of the ICCA Governing Board; vice chair of the ICC Governing Body, DRS; Vice President of the CRCICA Advisory Committee; member of the Governing Board of International Council on Online Dispute Resolution (ICODR); member of the Advisory Board, Mauritius International Arbitration Centre (MIAC); member of the Advisory Board, Indonesia International Arbitration Center (INIAC); co-chair, IBA Arab Regional Forum; Court Member of the Casablanca International Mediation and Arbitration Center (CIMAC); and member of the Board of Trustees of the CIArb; former vice president of the ICC International Court of Arbitration (2015 – 2021);former court member of the LCIA (2014-2019); former president of LCIA’s Arab Users’ Council (2016-2018); former vice chair of the IBA Arbitration Committee (2015-2018); and former vice chair, Academic Forum for Investor-State Dispute Settlement (2018 – 2020). Professor Dr. Abdel Wahab is also Fellow of the National Centre for Technology and Dispute Resolution at the University of Massachusetts, Amherst, USA; Associate Fellow, Centre for Private International Law and Centre for Commercial Law, Aberdeen University, UK; and Director for the CIArb’s flagship international arbitration diploma. Professor Dr Abdel Wahab regularly serves as arbitrator, expert, or counsel in high value construction disputes. He is considered a leading authority on construction law and practice, and he chairs arbitral tribunals in complex and mega construction arbitration. He has acted in mega multi-hundred million dollars’ construction claims in institutional and ad hoc arbitration proceedings in Africa, Asia, the Middle East and Europe. He has taught construction law and practice courses, and conducted
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Profiles
Egypt
Mohamed S Abdel Wahab (cont.)
trainings on FIDIC forms of contracts and disputes arising thereunder. He is the MENA exclusive contributor to the Global Arbitration Review Guide on Construction Arbitration (2017 - 2020) and is now also a CIArb Fellow. He was also named as co-author of the monograph entitled “Practicing FIDIC in Civil Law Jurisdictions - Application of Time and Additional Payment Provisions” (2018). Prof. Dr. Abdel Wahab served as ‘Arbitrator’, ‘Counsel’ or ‘Expert’ in more than 235 cases involving parties from Africa, Asia, Canada, Europe, the Middle East and the United States. He featured in cases under the auspices of the AAA-BCDR, ADCCAC, CRCICA, DIAC, DIFC-LCIA, ICC, ICSID, KIAC, LCIA, LMAA, RCICAL (Lagos), SCC, SIAC, ad hoc UNCITRAL proceedings, and governed by the laws of Angola, Bahrain, California, Egypt, England & Wales, France, Iraq, Italy, Jordan, Kenya, Kuwait, Libya, Morocco, New York, Nigeria, Oman, Pakistan, Qatar, Rwanda, Saudi Arabia, Spain, Switzerland, Syria, United Arab Emirates and Uzbekistani laws, as well as the general principles of law. Professor Dr Abdel Wahab is recognised as a world-leading arbitrator and arbitration practitioner, featured in the first issue of Who’s Who Legal Thought Leaders: International Arbitration (2017), and is listed in all major legal directories as a star practitioner, including in ‘Who’s Who Legal: Arbitration’, ‘Who’s Who Legal: Construction’, the GAR Global Guide for Future Leaders in International Arbitration (2017-2018), Who’s Who Legal Thought Leaders: International Arbitration (2017-2019), and Who’s Who Legal Thought Leaders: Construction (2019 -2020).
Tarek Fouad A Riad
Tarek Riad – Legal Consultants and Attorneys at Law In 2021, he featured in Who’s Who Global Elite Thought Leaders: International Arbitration (2021), AFRICA’s 30 Arbitration Powerlist (2020) and I-ARB AFRICA’s 100 leading African practitioners, and was selected as the African Personality by Africa Arbitration in June 2018, and by the LACIAC in May 2019. He received the LAW Magazine 2017 Best Legal Practitioner Award, the 2018 ASA International Arbitration Advocacy Prize, the 2019 AYA Hall-of-Fame African Arbitrator Award, the 2020 Client Choice International Award and the 2021 Lawdragon Global Litigation 500 Award. Who’s Who Legal Construction (2019) says: Mohamed Abdel Wahab is highlighted as “a leading heavyweight construction law specialist whose analytical skills are second to none”.
Professor Tarek Riad is the managing partner of Tarek R1iad – Legal Consultants and Attorneys at Law, the successor of Kosheri, Rashed & Riad law firm. Professor Riad has an LLB (1980) from Cairo University school of law, in addition to an LLM (1982) and an SJD (1985) from Harvard Law School. Professor Riad has been a member of the Egyptian Bar since 1980 and the New York Bar since 1985, and he speaks Arabic, English and French. Professor Riad has provided legal advice to a number of multinational construction companies, such as United Contractor, Degremont, Balfour Beatty, Josef Meissner and Morrison Knudsen International. Professor Riad has acted as counsel, legal expert on Middle Eastern laws, co-arbitrator, sole arbitrator and chairman in numerous construction arbitration proceedings under the rules of numerous arbitration centers, including the ICC, the DIAC, the CRCICA, the ADCCAC and UNCITRAL. Professor Riad was the chairman of the executive committee of the DIAC (2013 to 2019); alternate member of the ICC International Court of Arbitration (2012 to 2018); member of the scientific council of the ICC Institute of World Business Law; and a designated member of the ICSID panel of arbitrators and conciliators. Professor Riad is also a professor and head of the business and commercial law department at the German University in Cairo. Dr Riad was a member of the Egyptian council of state (1980–1985). Professor Riad is the author of numerous publications, including two books, The Applicable Law in Transnational Arbitration and Egyptian Companies Law, and many articles about arbitration and the legal aspects of conducting business in Egypt.
Nile City Building, South Tower, 8th floor 2005A Cornich El Nil, Ramlet Beaulac. Cairo, 11221 Tel: +20 2 24612147 msw@zulficarpartners.com www.zulficarpartners.com
16A Maamal El Sokkar Street Garden City Cairo, 11451 Tel: +20 2 2795 4795 tarek.riad@krr-law.com www.krr-law.com
Peers and clients say: “Mohamed is an all time great of construction arbitration” “Mohamed is a very smooth operator who makes arbitration process work very well” “He is seriously good”
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Peers and clients say: “He has excellent construction expertise!” “He has a great reputation in disputes”
Profiles
England
Richard Bailey
Douglas Jones AO
Russell Thirgood
“Richard Bailey is an outstanding tactician and strategist and has the tact and diplomatic skills needed to provide outstanding service to their clients. He is a real pleasure to work with and is peerless in giving sound advice – his knowledge of the legal nuances in his practice areas is at the highest levels.” Richard is experienced in advising on the amendment of standard form contracts including all forms of JCT, NEC3/4, ICE as well as EPC, process engineering and PFI Projects as well as partnering arrangements. He has drafted bespoke forms of main contract and subcontracts. Richard has considerable experience in both domestic and international disputes and specialises in the resolution of construction and engineering disputes through the courts, arbitration, adjudication and all forms of ADR. Richard regularly acts as advocate on behalf of clients. Richard has a particular expertise in multiparty litigation acting in a number of high-value, multi-party disputes in the Technology and Construction Court, ICC arbitration, adjudication and in mediations. He has considerable experience in adjudications including applications to enforce adjudicators’ decisions and the effect of insolvency on the enforceability of an adjudicator’s decision. Richard has also been involved in disputes regarding infrastructure projects, light rail, EPC contracts, contaminated land issues, PFI agreements, modular buildings, hospitals, residential developments and sports stadia.
Doug Jones AO is a leading independent international commercial and investor-state arbitrator with over 40 years’ prior experience as an international transactional and disputes project lawyer. Doug is a door tenant at Atkin Chambers London, and a member of Toronto Arbitration Chambers and Sydney Arbitration Chambers. Doug is also an international judge of the Singapore International Commercial Court. He has been involved in over 150 arbitrations, which include construction, infrastructure, energy, commodities, intellectual property, joint venture, and investor-state disputes spanning more than 30 jurisdictions around the world. He has extensive experience as arbitrator under the ICC, LCIA, AAA, ICDR, KCAB, AIAC (formerly KLRCA), CRCICA, SIAC, VIAC, SCC, DIAC, ACICA, Resolution Institute, AMINZ, European Development Fund Arbitration and Conciliation Rules, as well as the ICSID and UNCITRAL Rules, in disputes of values exceeding some billions of US dollars. Doug has published and presented extensively and holds professorial appointments at Queen Mary College, University of London; and Melbourne University Law School. Doug has additionally held appointments at professional associations, including serving as the president of the Chartered Institute of Arbitrators (CIArb), the Australian Centre for International Commercial Arbitration (ACICA) and the International Academy of Construction Lawyers (IACL). In 2018, Doug chaired the International Council of Commercial Arbitration (ICCA) Congress held in Sydney. Doug was made an Officer of the Order of Australia in 2012 for his distinguished service to the law and leadership in arbitration, alternative dispute resolution, policy reform, and national and international professional organisations. In 2018, Doug was awarded the John Shaw Medal in recognition of his lasting contribution to the road transport industry in Australia and internationally.
Russell Thirgood is a chartered arbitrator, dispute board member, expert determiner and mediator who specialises in construction disputes, with an office in Brisbane and chambers in London. Prior to becoming a fulltime independent neutral, Russell spent 23 years at McCullough Robertson Lawyers, where he was a senior construction law partner and head of arbitration. Russell is experienced in resolving complex and high value construction disputes ranging in quantum from US$5 million to US$350 million. He has conducted cases throughout Australia, the Pacific, Asia, US, UK, Middle-East and Europe, under some of the key international and domestic arbitral institutional rules. He has been appointed by parties jointly and arbitral institutions, including the ICC and ACICA. As arbitrator, he applies a modern approach to all proceedings. He is responsive to the needs of parties to ensure all cases are conducted swiftly, effectively and efficiently. Procedural orders are tailored to each individual case. Russell’s awards and procedural rulings reflect an accurate and fair application of fact to law. Counsel appearing before him often comment that he is considered, collaborative and concise. He prepares thoroughly before hearings and delivers awards promptly after the conclusion of submissions. Russell is experienced at hearing cases remotely with the assistance of video conferencing, in person or in a hybrid format. Russell is the current Chair of The Resolution Institute (the pre-eminent dispute resolution organisation in Australia and New Zealand) and is a director of the Australian Centre for International Commercial Arbitration. He is a highly soughtafter speaker and has delivered papers to many arbitral and construction bodies throughout Asia and the Pacific.
Druces LLP
Atkin Chambers
Salisbury House London Wall London, EC2M 5PS Tel: +44 (0)7971 418051 r.bailey@druces.com www.druces.com
Peers and clients say: “Richard impresses as a tough litigator in construction disputes” “He brings invaluable insight to the possible strategies being played out by the other side”
Arbitra International
1 Atkin Building Gray’s Inn London, WC1R 5AT Tel: +44 20 7404 0102 dougjones@atkinchambers.com www.atkinchambers.com
100 St Paul’s Churchyard London, EC4M 8BU Tel: +61 438 644 002 russell@thirgoodarb.com www.arbitra.co.uk
Peers and clients say: “Doug is an outstanding construction lawyer” “He is impressive and highly capable in complex matters” “He is recognised around the world for his top-tier construction practice”
Peers and clients say: “Russell is a highly respected name in the construction industry” “Mr Thirgood is a phenomenally hardworking arbitrator” “He is very personable and a pleasure to work with”
whoswholegal.com
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Profiles
England
France
Roger ter Haar QC
Alexander Marcopoulos
Crown Office Chambers Roger’s practice as an international arbitrator covers professional negligence, construction, engineering, insurance, re-insurance, energy, and shipbuilding. In June 2020, he generally ceased to accept new instructions to act as counsel in order to concentrate on work as an arbitrator. During a career spanning over 40 years as an advocate, he appeared as leading counsel in many cases in these areas before trial and appellate courts and arbitral tribunals, including a number of high-value international arbitrations in London, Paris, Geneva, Muscat, Dubai, Qatar, Hong Kong, Singapore, Perth, New York and Washington D.C., and included claims where the amounts at stake were in billions of dollars.. He has vast expertise in the areas of major infrastructure works, Energy (including notable experience including wind farm and oil & gas disputes), contracts for the sale of oil, claims related to waste disposal plants and claims relating to contracts for the construction and maintenance of power stations. Additionally, his experience covers allegations of negligence against financial service advisors, insurance brokers, underwriting agents, doctors, solicitors, barristers, surveyors and valuers, architects, engineers, quantity surveyors, patent agents, educational psychologists, teachers and others
Shearman & Sterling LLP Roger’s appointments include presiding arbitrator, tribunal member and sole arbitrator, principally (though by no means exclusively) in ICC, LCIA, DIAC and SIAC. Arbitral seats have included London, Dubai, Oman, Singapore, and the Caribbean. His appointments have involved a wide variety of governing laws, including the laws of England, Hong Kong, Australia, and India as well as Sharia law. His common law expertise is complemented by a wide experience of civil law systems, including UAE, Oman, Qatar, Kuwait Egypt and the Philippines.
2 Crown Office Row Temple London, EC4Y 7HJ Tel: +44 20 7797 8100 terhaar@crownofficechambers.com www.crownofficechambers.com
Peers and clients say: “Roger is an excellent construction specialist” “I’d happily have him as an arbitrator any day” “He is very impressive as counsel in construction cases”
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Alexander Marcopoulos is counsel in Shearman & Sterling’s international arbitration practice. He represents companies and states in commercial, investor-state and maritime arbitrations carried out under the auspices of a variety of arbitration rules, including those of the ICC, ICSID, UNCITRAL, the SCC and the LMAA. His practice focuses particularly on disputes in the construction, energy and maritime sectors, including work on complex construction disputes in the nuclear and oil and gas sectors across continents. He also has experience handling investment treaty disputes, including those arising from large scale construction projects. Alex started his career as an associate in the litigation department of Shearman & Sterling’s New York office, where he worked on a variety of litigation and arbitration matters, including securities, M&A and complex commercial litigations. He is very active in the firm’s international pro bono practice. He is presently leading Shearman & Sterling’s collaboration with Human Rights at Sea, a UK charity, on the development of a new arbitration-based system to provide victims of human rights abuses at sea with access to an effective remedy. Alex also lectures on investor-state arbitration at Panthéon-Assas University (Paris II) and on practical lawyering skills at Sciences Po Law School. Alex holds a JD (cum laude) from Tulane University Law School and a BA in economics and philosophy from New York University. While at Tulane, Alex concentrated his studies on admiralty and maritime law. A US and Greek national, Alex speaks English and Greek. Alex is qualified to practice as a member of the New York Bar.
7 rue Jacques Bingen Paris, 75017 Tel: +33 1 53 89 48 09 alexander.marcopoulos@shearman.com www.shearman.com
Peers and clients say: “Alex is a conscientious tactician who will get to the crux of a dispute before deploying his strategy” “He is the most-impressive name coming up on construction disputes”
Profiles
Germany
James Perry
Rouven F Bodenheimer
Jim Perry is a graduate of the Case Western Reserve University School of Law and is a member of the District of Columbia Bar (1985). Jim also has a bachelor’s degree in civil engineering. Based in Paris since 1988, Jim works mainly as an arbitrator and dispute board member, but also as counsel, specializing in the construction industry. Jim has served on numerous ICC, DIAC, ADCCAC, CEPANI and ad hoc arbitration tribunals and dispute boards all over the world, including in Panama, Peru and Guatemala, Central Europe, Central Asia, Africa, SE Asia, Australasia and the Middle East. His project experience includes; dams, bridges, ports, marine, airports, roads, water, hydro and thermal power, oil and gas, rail, and urban construction. Jim is member of the FIDIC president’s list of dispute board adjudicators and is a past-president of the Dispute Resolution Board Foundation. Jim is a founding partner of PS Consulting in Paris and of the Leading Construction Lawyers International Alliance with French firm Advant Altana, US firm Peckar & Abramson and German firm Breyer Rechtsanwälte. While Jim is a common law lawyer, he has spent much of his career working in civil law jurisdictions. Jim completed his legal education and joined the DC Bar prior to commencing his professional career but he is one of a rare group of construction lawyers with experience in project management, including as managing director of Euro Disneyland Imagineering, Disney’s design build division in France, as well as an extensive career in arbitration and ADR. Jim speaks English and French.
Dr Rouven F Bodenheimer, MA FCIArb CArb is co-founder of BODENHEIMER HERZBERG, a law firm specialising in international dispute resolution. Dr Rouven Bodenheimer specialises in conflict resolution and advises on corporate law and construction law. Besides civil court proceedings, he has been involved in numerous arbitration cases governed institutionally (DIS, ICC, LCIA, SCC, DIAC, VIAC, DIA, CAS and CEAC) as well as ad hoc arbitration. He has garnered significant experience as co-arbitrator, sole arbitrator, chairman and counsel in various arbitration proceedings both domestically and internationally. He is particularly experienced in disputes involving difficult technical issues and complex commercial aspects. His expertise lies in fields as diverse as infrastructure, energy, construction and intricate financial transactions. Due to his vast experience in both common law and civil law related matters, he is specifically sought-after as counsel and arbitrator in international disputes. Many cases involved parties and projects in the Asia-Pacific region, which have led him to develop a profound intercultural understanding with a view to different legal traditions. Dr Bodenheimer served as professor for international law (2015) and is today a highly soughtafter speaker at conferences around the world. He lectures dispute resolution at multiple universities. He is a fellow (FCIArb) and chartered arbitrator (CArb) of the Chartered Institute of Arbitrators. Dr Bodenheimer served as co-chair of the DIS40, the organisation for arbitrators aged 40 and under, which is part of the German Institution for
PS Consulting
BODENHEIMER
Torhaus Gerling Quartier Von-Werth-Str. 2 Cologne, 50670 Tel: +49 221 291 90 60 rfb@bodenheimer.legal www.changing-perspectives.legal
58, Avenue de Wagram Paris, 75017 Tel: +33 1 47 66 47 29 jperry@ps-consulting.fr www.ps-consulting.fr
Peers and clients say: “James is an excellent dispute board member” “The fact that he has a legal background is very useful”
Arbitration. He is an active member of the International Bar Association’s arbitration committee, and within that he was a founding member of the steering committee of the under-40 arbitration group. Peer-appointed, he is considered one of the future leaders in international arbitration. Dr Bodenheimer speaks German, English, Dutch and French.
Peers and clients say: “Dr Bodenheimer has vast experience - definitely one of the leading names in Germany in his generation” “He has built up a deep understanding of technical issues and is never shy to engage with technical experts” “I have only praise for Dr Bodenheimer” “He is a very engaged and thoughtful arbitrator” whoswholegal.com
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Profiles
Germany
Bastian Fuchs
Ulrike Gantenberg
Stefan Osing
Bastian Fuchs has many years of comprehensive expertise in German and international construction law, public procurement law, litigation as well as German and international business law. He is a managing partner at TOPJUS Rechtsanwälte Kupferschmid & Partner since 2010, a mid-sized commercial law firm in Germany, well-known for its high-level knowledge on construction and procurement matters. Bastian Fuchs obtained certified specialisation in construction law and procurement law as well as international business law and represents a large variety of clients. He is also known for his national and international work as an arbitrator, adjudicator, and mediator in various and wide-ranging dispute resolution proceedings. After qualifying as a lawyer, he published his doctorate thesis on legal implications of civil engineering and obtained a Master of Laws from the California Western School of Law. He is a qualified Attorney-at-Law in New York. He has been an honorary professor at the Universities of the Federal Armed Forces in Munich since 2015 and lectures regularly at the LEUPHANA University in Lüneburg and the Technical University of Munich on national and international construction law. Bastian Fuchs regularly publishes articles, essays, and book contributions in his fields of expertise and is editor and author of various publications, such as the Handbook on Civil Engineering Law and the Handbook of International Construction law. He is chairman of the Board of the European Society for Construction Law (ESCL) and the Expert Committee on International Commercial Law at the Munich Bar Association and is an active member of various international associations and working groups on construction law, for instance, the DIN Committees.
Ulrike Gantenberg is the founder of Gantenberg Dispute Experts and highly recognised in the field of dispute resolution – in particular for national and international arbitration. She acts as counsel and arbitrator in complex litigation and international arbitration proceedings (ad hoc, DIS, ICC, LCIA, VIAC, SCC, VIAC etc.), particularly on post-M&A, construction (turn-key projects), corporate/licence, energy, and investor-state disputes, and as counsel in DAB proceedings. As a qualified German lawyer with experience of working in France, Ulrike Gantenberg is particularly dedicated to international work due to her international clients and her global network. Besides German, she speaks English and French fluently. Her vast experience as arbitrator impacts her quality of counsel work. Ulrike combines technical expertise with strategic advice to pursue or defend claims on behalf of her clients. For more than 10 years, she had also advised on mergers, corporate and inter-group (re-)structuring. She frequently speaks and publishes on issues of international arbitration and international private law. Ulrike Gantenberg is chair of the working group for alternative dispute resolution of the German Bar Association (DAV), member of the Arbitration Court of the Swiss Chambers’ Arbitration Institute (SCAI), member of the International Advisory Board of VIAC. She co-heads the Dispute Resolution Forum Duesseldorf/Koeln (DRF), and is a former member of the board of directors of the German Institution of Arbitration (DIS).
Dr Stefan Osing was admitted to the German Bar in 1997 and became partner of Heuking Kühn Lüer Wojtek in 2001. Heuking Kühn Lüer Wojtek is an independent law firm with more than 400 lawyers with offices in Berlin, Chemnitz, Cologne, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and Zurich. The law firm has a full-service approach including, in particular, construction, real estate law and litigation. Dr Stefan Osing is a recognised specialist in construction law. He is head of the real estate and construction law department in Heuking Kühn Lüer Wojtek’s Düsseldorf office. Dr Stefan Osing advises German and international clients in construction law and real estate transactions mostly on a crossborder aspect. His major projects have included energy and infrastructure projects as well as large buildings, such as cinemas, shopping centres or hotels. Dr Stefan Osing is also head of the litigation department at Heuking Kühn Lüer Wojtek’s Düsseldorf office. He acts as counsel and arbitrator in international arbitration proceedings as well as in litigation. Most litigation cases are related to the construction industry (FIDIC and VOB). Moreover, Dr Stefan Osing also frequently acts in litigation and arbitration proceedings outside this specialised area. Dr Stefan Osing is a frequent speaker on issues of international construction and arbitration matters at international events and conferences. He regularly publishes on construction issues and is a member of the International Bar Association. Dr Stefan Osing acted as co-chair of the construction establishment as well as the construction execution subcommittee of ICP.
Wehrlestraße 13 Munich, 81679 Tel: +49 8252 8946 65 fuchs@topjus.de www.topjus.de
Freiligrathstrasse 21 Düsseldorf, 40479 Tel: +49 211 176 077 00 u.gantenberg@gantenberg.legal www.gantenberg.legal
Georg-Glock-Str 4 Düsseldorf, 40474 Tel: +49 211 600 55 207 s.osing@heuking.de www.heuking.com
Peers and clients say: “Bastian is an impressive, emerging talent in the construction arena” “He is very active on complex construction claims”
Peers and clients say: “Ulrike has excellent industry knowledge and a practical approach to cases” “She knows the law incredibly well”
Peers and clients say: “Stefan is an incredibly competent lawyer” “Stefan is excellent for complex construction claims”
TOPJUS Rechtsanwälte Kupferschmid & Partner
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Profiles
India
Korea
Sumeet Kachwaha
John P Bang
Sumeet Kachwaha is the founding partner of dispute-resolution specialist firm, Kachwaha & Partners. He has handled many landmark and cross-border disputes. Sumeet has been appointed sole arbitrator by the High Court of Delhi in several arbitrations. He has also served as amicus curiae to the High Court of Delhi twice (including in relation to the first BIT dispute to come up before Indian courts). He has also stood as an expert witness on Indian law in the courts of England and Singapore. Sumeet has been ranked in Band 1 in the arbitration section of Chambers Asia since 2009. He features as a “leading individual” in The Legal 500: Asia Pacific for dispute resolution, and in the ‘arbitration’, ‘asset recovery’, ‘construction’, ‘government contracts’ and ‘procurement’ sections of Who’s Who Legal. Sumeet currently serves on the six-member advisory board of the Asian International Arbitration Centre (formerly KLRCA). He previously served as the chair of the dispute resolution and arbitration section of the Inter-Pacific Bar Association (IPBA) and as vice president of the Asia-Pacific Regional Arbitration Group (APRAG). Publications include: The Rule Against Bias and the Jurisprudence of Arbitrator’s Independence and Impartiality, Vol. 17, No.2, 2021, Asian International Arbitration Journal (Kluwer); “The White Industries Australia Limited: India BIT Award – A Critical Assessment”, Arbitration International, Vol 29, (2013); “Interim Relief: Comments on the UNCITRAL Amendments and the Indian Perspective”, Yearbook on International Arbitration, Vol III, (2012); “Enforcement of Arbitration Awards in India”, Asian International Arbitration Journal, Kluwer (2008); “The Indian Arbitration Law: Towards a New Jurisprudence”, International Arbitration Law Review, Sweet & Maxwell (2007); and “Arbitration Law of India – A Critical Analysis”, Asian International Arbitration Journal, Kluwer (2005).
John P Bang is a senior partner (foreign attorney) at Peter & Kim in Seoul. He was previously a partner at Bae, Kim & Lee LLC, where he worked for 23 years in various roles, including as the co-founder and head of the International Arbitration & Litigation Practice. John joins his former colleague Kevin Kim at Peter & Kim – with the two of them having previously led BKL’s International Arbitration practice to great heights, including, being the only Korean firm to ever make it to the GAR 30 list of leading arbitration practices in the world. John has represented parties in over 250 domestic and international arbitral proceedings seated throughout Asia, Europe and North America, ranging from multimillion to multibillion-dollar disputes. Most of these cases have proceeded through to the final hearing stage and concluded with a favourable final award for John’s clients. Through these disputes, John has acquired a level of experience in handling disputes under the laws of both the civil and common law jurisdictions that is extremely rare. John’s experience covers a wide spectrum of institutional rules (eg the ICC, LCIA, SIAC, HKIAC, JCAA, AAA (ICDR), KCAB, ICSID, the arbitration rules of UNCITRAL and the code of the CAS) and spans a wide variety of industries, including construction, government contracts, golf course design and development, consumer retail, distributorships, hypermarkets, automobile manufacturing, automobile parts, financial services, banking, telecommunications, private equity, management consulting, steel manufacturing, online games, sports and entertainment, airline industry, hospitality, computer software, life science, insurance, real estate, energy, oil and gas, post-M&A, pharmaceuticals, and petrochemicals. He also regularly serves on arbitral tribunals as sole arbitrator, co-arbitrator or as chairman.
Peers and clients say: “Sumeet never fails to produce work of a very high international standard” “He has a regular roster of high-profile clientele”
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Kachwaha & Partners
Peter & Kim
1/6 Shanti Niketan New Delhi, 110 021 Tel: +91 11 4166 1333 skachwaha@kaplegal.com www.kaplegal.com
whoswholegal.com
John has been repeatedly recognised as a leading arbitration practitioner in Chambers Asia (2008-present), Asialaw Leading Lawyers (2008present) and Who’s Who Legal (2007-present). In 2011, John was included in GAR’s exclusive “45 under 45,” in 2016 was recognised as “Disputes Star of the Year” for South Korea at the Asialaw Asia-Pacific Dispute Resolution Awards and in 2019 was awarded ALB’s “Dispute Resolution Lawyer of the Year.” Chambers Global (2020) describes John as “very diligent and passionate” while commending him as a “Top advocate”. Who’s Who Legal (2020) points out that John is an “excellent team leader” who comes “highly recommended” by peers and clients alike for his “expertise handling disputes under various arbitral rules around the world”. Arguably one of the most active arbitration practitioners in Korea, John’s advocacy experience is particularly notable for its breadth and versatility. He has advocacy experience across fora and industry areas in cross border disputes, including investor-state disputes, construction and engineering disputes and commercial arbitrations. John currently serves as a court member of the SIAC Court of Arbitration, executive committee member of the Korea Council for International Arbitration, and senior officer in the IBA Litigation Committee. He was also a member of the drafting committee for the ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders, which was published by ICCA in 2015. He is on the panel of arbitrators for the HKIAC, SIAC and KCAB, and a member of the SIAC and LCIA Users’ Councils. In 2011, John was general editor of the first book-length treatise on arbitration in Korea, Arbitration Law of Korea: Practice and Procedure (Juris Publishing, 2012). John is also the author of numerous articles concerning international dispute resolution and is a frequent speaker at domestic and international seminars and conferences.
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Profiles
Korea
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John P Bang (cont.)
Matthew J Christensen
After receiving his education at the University of Pennsylvania and Temple University School of Law, John served as a federal law clerk for the Honorable Kathryn C Ferguson, USBJ prior to joining BKL. He is fluent in English and Korean.
Matthew is a senior foreign attorney (partner equivalent) in K&Cs international arbitration and crossborder litigation practice group. He regularly acts for clients in major international construction disputes, including in relation to investment treaty-based claims. An arbitration specialist by training, he has acted for a broad range of private and public sector clients in dozens of substantial international arbitration cases under ICC, AAA/ICDR, LCIA, SIAC, HKIAC, ICSID, KCAB and ad hoc rules. In a typical case, Matthew’s roles run the gamut from advising on dispute resolution strategy, to taking evidence from Korean-speaking witnesses in their native language, to presenting oral arguments before English-speaking tribunals. Matthew also assists construction clients in mediation proceedings and is listed on the Singapore International Mediation Centre’s specialist mediator roster for Korea. Matthew currently co-chairs the international construction projects committee of the Inter-Pacific Bar Association. A NITA Advocate, Matthew has also been honoured for his contributions to the practice of international arbitration in Korea by the Ministry of Trade, Industry and Energy of the Republic of Korea. He is recognised as one of the top dispute resolution practitioners in Korea by Legal 500 and Chambers and Partners (Band 1), where he receives “outstanding feedback for his work in construction disputes” and is noted for his “keen understanding of Korean disputes honed through experience” and “strong advocacy and effective cross-examination style”. He has also been listed as a “Thought Leader” in the areas of arbitration and construction by Who’s Who Legal, which commends his “deep experience in the construction sector as well as in complex commercial disputes”.
Kim & Chang
A native of Salt Lake City, Utah, Matthew received his law degree from Harvard Law School and also holds a master’s degree in East Asian regional studies from Harvard University. Matthew speaks Korean fluently and has a working knowledge of Japanese.
#3805 Trade Tower 511 Yeongdong-daero, Gangnam-gu Seoul, 06164 Tel: +82 2 538 2900 johnbang@peterandkim.com www.peterandkim.com
Crescendo Building 75, Saemunan-ro, Jongno-gu Seoul, 03173 Tel: +82 2 3404 0227 matthew.christensen@kimchang.com www.kimchang.com
Peers and clients say: “John does a lot of construction disputes and is highly experienced” “He has a very impressive caseload in complex cross-border disputes” “John demonstrates true expertise in the construction arena”
Peers and clients say: “He has a very good style of cross-examination. He knows the documents very well and is able to take on difficult points” “Matthew is very smart, reliable and knowledgeable” “He is very talented and has a full understanding of the facts and legal issues in a dispute”
whoswholegal.com
Profiles
Lebanon
Kevin Kim
Nayla Comair-Obeid
Peter & Kim
Kap-You (Kevin) Kim is a founding partner at Peter & Kim in Seoul. He was previously a senior partner at Bae, Kim & Lee LLC, where he was the co-founder and head of the firm’s international arbitration practice and the head of its domestic and international disputes group. Under his supervision, Bae, Kim & Lee LLC’s international arbitration practice was listed in the GAR30 list of top arbitration practices worldwide in 2011, and was listed among the GAR 30 – 40 in 2018 and 2019. In 2019, Kevin, together with co-founder Dr Wolfgang Peter of Switzerland, founded the law firm of Peter & Kim to establish the first-ever transcontinental arbitration boutique. Kevin has been actively involved in international arbitration for the past three decades and has amassed a wealth of experience both as counsel and arbitrator. He has been involved in arbitrations conducted under various major rules and seated in all the prominent arbitration venues. He is presently involved in a number of investment and commercial arbitrations as counsel and arbitrator, and is also serving as the president of an ICSID ad-hoc annulment committee. He is considered a market leader in international arbitration by various industry rankings, with Chambers Asia reporting that clients consider Kevin to be “one of the most respected figures in the Asian arbitration space” and Who’s Who Legal listing him as one of its “Global Elite Thought Leaders” for international arbitration in 2020. Among other positions that he holds, Kevin is presently a vice president of the ICC International Court of Arbitration, advisory board member of the International Council for Commercial Arbitration (ICCA), and chairman of the KCAB International Arbitration Committee. In the past, Kevin has served as SecretaryGeneral of ICCA (2010–2014), member of the LCIA Court (2007–2012), and vice-chair of the IBA arbitration committee (2008–2010).
Obeid & Partners Kevin holds degrees from Seoul National University College of Law (LLB, LLM) and Harvard Law School (LLM). He has authored several publications on international arbitration and litigation practice and was general editor of Arbitration Law of Korea: Practice & Procedure (Juris Publishing, 2012), the first hornbook on arbitration in Korea written in English. He also authored Arbitration Law & Practice (Pakyoungsa, 2012), a hornbook on arbitration in the Korean language. Kevin is licensed to practise in Korea and New York, and speaks Korean (native), English (fluent), and Japanese (conversational).
#3805 Trade Tower 511 Yeongdong-daero, Gangnam-gu Seoul, 06164 Tel: +82 2 538 2900 kevinkim@peterandkim.com www.peterandkim.com
Peers and clients say: “Kevin is a star of the Korean construction market” “He is a real pleasure to work with”
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Professor Dr Comair-Obeid is the founding partner of Obeid Law Firm, a professor of law and associate member of 3VB Chambers in London. She is a member of the ICC executive board and the London Court of International Arbitration. She is also a companion of the Chartered Institute of Arbitrators and former CIArb president, and sits on the ICSID panel of arbitrators and conciliators. She has been identified as Arbitrator Intelligence’s “Presiding Arbitrator of the Year” for 2020. Fluent in Arabic, French and English, she’s qualified to practice in Paris and Beirut. Professor Dr Comair-Obeid has been engaged in mega construction projects in the MENA as an arbitrator or as counsel and have developed an expertise and knowledge of complex construction disputes in the region. She regularly deals with contracts based on FIDIC forms of contract with Sharia law influences and has extensive knowledge in the legal principles of the applicable substantive law in the MENA region. Through her comparative legal expertise and technical skills, she performed with professional excellence and gained the reputation of a specialist in this industry.
Paris Office: Obeid & Partners 222 Boulevard Saint-Germain 75007 Paris France Tel: + 33 1 42 60 04 31 Fax: + 33 1 42 60 04 55
Continued overleaf
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Profiles
Lebanon
Netherlands
Peru
Nayla Comair-Obeid (cont.)
GW (Bommel) van der Bend
Rodrigo Delgado
Professor Dr Comair-Obeid publishes prolifically and is regularly invited to lecture at world renowned academic institutions where her articles and scholarly publications are often cited as reference works. Professor Comair-Obeid has been systematically identified as one of the world’s leading practitioners in the field of international arbitration and dispute resolution by the internationally renowned legal publications, referring to her as “grand dame of Middle East arbitration”, “legendary lawyer” who is “really prepared, knows the issues and gets it right”.
Bommel is an expert in the field of international arbitration and heads De Brauw’s construction practice. He predominantly handles complex arbitrations in the field of large scale construction projects, energy, and M&A-related matters. On the basis of his wide-ranged arbitration experience, Bommel also advises on procurement and contracting strategy for landmark construction projects under FIDIC and Logic standards and local and client specific standards. Projects Bommel has been involved in include the set-up of the tender and contracting strategy and associated litigation for sea installed windmill parks near the Netherlands, Germany and the UK, a high flux nuclear production facility in the Netherlands, sea harbor land reclamation projects including breakwaters in the Netherlands and Qatar, several terminal projects in the Netherlands and Cyprus, chemical plants, automated storage and distribution facilities, airport including terminals, runways and automated baggage handling systems, floating offshore oil and gas production facilities in the Netherlands, the Nordics and Malaysia, oil and gas pipe projects, numerous rail way projects and road and tunnel infra structure projects in the Netherlands and Eastern Europe. Bommel sits regularly as arbitrator in international arbitrations with a particular focus on Eastern Europe. Bommel is a member of the SIAC Users Council in Singapore. From 2017 – 2020, Bommel was a member of De Brauw’s management committee as Practice Head. He also was a member of the management committee of the Netherlands Arbitration Institute (NAI) until 2017. Bommel is editor and co-author of the Commentary on Dutch Arbitration Law, A Guide to the NAI Arbitration Rules and co-author of the Dutch commentary on European and Dutch Public Procurement Law.
Senior Associate at Campos / Arbitraje e Infraestructura´s construction and engineering team with experience in infrastructure and energy projects. Rodrigo has advised owners and contractors in the development of highways, airports, bridges, roads, hydroelectric plants, refineries, hospitals, mining facilities, and water and sewage networks. In the last year he has advised a SPV company in the construction of San Gaban III Hydroelectric Plant in a FIDIC (Silver Book) contract with a total value of US$ 400 million, a constructor of the new landing strip of Jorge Chavez Airport with a total value of US$ 230 million, a constructor of the new highway of Chimbote with a total value of US$ 100 million, and a group of constructors and subcontractors in different educational and health projects in a NEC 3 contracts lead by ARCC and UK government agreement (G2G). His experience also includes acting as counsel in construction and commercial disputes. He has participated in more than 60 national and international arbitrations. Some of the cases that he leads are related to FIDIC contracts, and under the rules of the International Chamber of Commerce (ICC).
Stratum Building Omar Daouk Street Beirut, 1109 2020 Tel: +961 1 363 790 nayla@obeidpartners.com www.obeidlawfirm.com
Peers and clients say: “She’s a star for complex construction arbitration” “A bedrock practitioner in the field”
30
De Brauw Blackstone Westbroek NV
Claude Debussylaan 80 Amsterdam, 1082 MD Tel: +31 20 577 1658 bommel.vanderbend@debrauw.com www.debrauw.com
Peers and clients say: “Bommel is a big name in construction arbitration” “He is a very, very impressive practitioner” “He is a superb lawyer”
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Campos Arbitraje e Infraestructura
Calle German Schreiber 210 Oficina 201- San Isidro Lima, 15047 Tel: +511 681 6688 rodrigo.delgado@camposabogados.pe www.camposabogados.pe
Peers and clients say: “Rodrigo has excellent interpretive and communicative skill, and provides excellent analysis” “He ensures great dedication and knowledge of the subject matter based on strong legal arguments” “He delivers speed and high-quality responses, strong legal knowledge and well-communicated ideas”
Profiles
Qatar
Enrique Navarro Sologuren
Gustavo Paredes
Claudia El Hage
Enrique Navarro is a founding partner of NPG. He graduated from the Pontifical Catholic University of Peru’s Faculty of Law. He has a master’s degree in construction and real estate company management from the Polytechnic University of Madrid. He is a business consultant with more than 40 years of experience in the construction industry. He was legal manager GyM, and founder of CONCAR SA, a company established for the concession of the Matarani-Arequipa highway. He was a member of the National Committee for the Construction Industry. He is a regular speaker at conferences, seminars and events related to public and private construction contracts, tax law and labour law organised by, among others, the Peruvian Chamber of Construction, the Construction and Management Institute, the Peruvian Engineers’ Association, and diverse groups of contractors and consultants. He lectures at the Pontifical Catholic University of Peru, on the master’s degree on contractors’ and real estate company management and the postgraduate diploma of specialisation in labour risk in construction He is also a lecturer on the postgraduate diploma in construction law at the University del Pacífico in Lima. He offers remarkable commitment when giving the firm’s key clients advice in contract administration for construction projects. His extensive experience in the field makes him a key role player to get the results our clients expect.
Gustavo Paredes is a partner at NPG and leader of the disputes team. He is a specialist in construction law, public procurement and alternative dispute resolution. He holds a master’s degree in business law from the Universidad Peruana de Ciencias Aplicadas (UPC). He lectures at the Universidad del Pacífico (UP) faculty of law, and on the postgraduate construction law programmes at UPC and UP. He is a member of the Dispute Board Foundation (DRBF), and the International Bar Association’s international construction projects and dispute resolution sections. He is founding member and current president of the Peruvian Society of Construction Law, and co-founder of the Latin American Society of Construction Law. Gustavo is a member of the commissions of Lima Chamber of Commerce Arbitration Centre (2019) and the Centre for Analysis and Conflict Resolution at the Pontifical Catholic University of Peru (2015) for the preparation of their institutional dispute board rules. He has more than 25 years’ experience of solving disputes in the engineering and construction sector, participating directly in the negotiation and preparation of claims in judicial and arbitral matters, both nationally and internationally.
Claudia El Hage is the Managing Partner of Rashed al Marri Law Office (Qatar) in association with Claudia el hage Law Office (Lebanon) - known as al Marri & el Hage Law Offices. Claudia acts as a legal consultant, litigator, and arbitrator. She works in civil, corporate and commercial cases and transactions as well as business criminal cases and regulatory investigations. She specialises mostly in construction, contracting, engineering consultancy, property, and real estate, corporate, banking, and M&A. She advises international and local firms on their projects with a focus on the MENA region as well as Europe and all legal aspects pertaining thereto. She has advised and represented clients in litigation, ADR, compliance, regulatory investigations and annulment recourses in relation to disputes and transactions of various nature. She also acts in various jurisdictions in international and domestic arbitration, mainly under ICC, LCIA and QICCA Rules and in ad hoc proceedings. Claudia also advises on all aspects of corporate and commercial matters. Her international law practice provides essential legal counsel to many international, regional and local commercial companies and corporations. Claudia is recognised by her clients, colleagues and peers for consecutive years as: “a go-to lawyer”, “the full package”, “an audacious litigator who is utterly charming and decisive”, “Claudia has impressed us at so many levels: she orchestrates arbitration hearings and pleads impeccably, she draws remarkable strategies for the cases and she manages her teams very efficiently.” “She’s very, very good - very capable and very cooperative. She understands how to manage a construction dispute very well.”
Av Canaval y Moreyra 452 13th Floor San Isidro, Lima 27 Tel: +511 706 3333 enavarro@npg.pe www.npg.pe
Av Canaval y Moreyra 452 13th Floor San Isidro, Lima 27 Tel: +511 706 3333 gparedes@npg.pe www.npg.pe
Peers and clients say: “Enrique is a top figure in the Peruvian construction industry” “He has great experience and is able to provide creative solutions for clients in a timely manner” “He is a very impressive attorney”
Peers and clients say: “Gustavo provides in-depth analysis and imaginative solutions to problems” “He is an experienced and very responsive construction lawyer” “He possesses great expertise in the field, at an international and local level”
Navarro Sologuren Paredes Gray
Navarro Sologuren Paredes Gray
whoswholegal.com
Al Marri & El Hage Law Offices
Continued overleaf
31
Profiles
Qatar
Romania
Claudia El Hage (cont.)
Crenguta Leaua
Claudia is the author and co-author of many publications pertaining to international arbitration and litigation (GAR – Lexology - Lexis Nexis - International Journal of Arab Arbitration) and she is often invited as a speaker in various institutional and university conferences and webinars. Al Marri & el Hage Law Offices have a team of 14 specialised lawyers acting as legal counsels, litigators and arbitrators in various jurisdictions along with corresponding offices in MENA, France, Greece, Italy and Cyprus with an established solid reputation.
Crenguta Leaua is a Full Professor, teaching comparative international arbitration, business law, new technologies law at the Bucharest University of Economics and she has been teaching construction arbitration law at the Bucharest University Faculty of Law. She has been invited to lecture students at various universities such as Sciences Po and Georgetown, Florida International University, State University of Arizona, and also was a visiting scholar at Columbia Law School (New York). She has acted as counsel in commercial arbitral proceedings under the rules of the ICSID, ICC, WIPO, VIAC and the Court of International Commercial Arbitration by the Chamber of Commerce and Industry of Romania. She has also acted as counsel in ad hoc arbitrations under UNCITRAL rules or various national laws. Her practice as counsel is based in Romania with the Leaua Damcali Deaconu Paunescu LDDP Law firm. Crenguta is an experienced arbitrator, a past vice president and member of the ICC Court, and a current member of the ICC commission on arbitration and currently a member of the Board of Directors of the Silicon Valley Arbitration and Mediation Center. She was a member of the ICC task force on arbitration and ADR in the construction industry, the task force on climate change and arbitration, and of the task force on decisions as to costs and of the task force on criminal law and arbitration. She is a member of the panel of arbitrators of the Vienna International Arbitration Centre; the Romanian, Bulgarian, Polish, Moldavian and Slovenian courts of arbitration attached to the chambers of commerce of these countries; the WIPO list of neutrals for intellectual property disputes; and the CIETAC and SHIAC (China) Shenzen and Singapore lists of arbitrators and of the SVAMC Tech List. She was also appointed as arbitrator in cases under the rule of the ICC, the LCIA and the Danish Institute of Arbitration and in ad hoc arbitrations. Her current arbitrator practice is based in Switzerland.
Doha, 15786 Doha Tel: +974 44430651 c.elhage@marri-hage.com www.marrilaw.com
Peers and clients say: “Claudia is a one of the most impressive practitioners around” “She is a truly stand-out name in the construction industry” “Claudia impresses with her approachability, her brilliant language skills and her commerciality” 32
Leaua Damcali Deaconu Paunescu – LDDP She has written numerous publications and made numerous presentations in conferences on international commercial arbitration, including “Arbitration of Foreign Investments Disputes and Romania”, “The Right to a Fair Trial in International Commercial Arbitration – Introductive Considerations”, “The Appointing Authority in International Commercial Arbitration”, “The Party Autonomy in the Appointment of Arbitrators” and “The un-constitutionality exception and arbitration”. She has also authored or co-authored several books including Arbitration in Romania – A practitioner’s guide (Kluwer International, 2016), including the chapter on Dispute Adjudication Boards ; Commercial companies: special proceedings (2008, 2009); a reference book on Romanian intra-corporate litigation; and Business Law: General Notions of Private Law (2012). She is currently a director of The Swiss Institute of Alternative Thinking, a Luceat project for promoting complex multi-faceted legal, technical and economic problem- solving. She graduated from the faculty of legal and administrative sciences at Lucian Blaga University of Sibiu, and the law faculty of Ecological University, Bucharest. She received her licence from Alexandru Ioan Cuza University Law School in Iasi, Romania. She holds a PhD, magna cum laude, in corporate litigation from Bucharest University Faculty of Law and a habilitatus degree at the Bucharest University of Economic Studies. She is also an alumni of the executive education programmes of the John F Kennedy School of Government at Harvard University and the London School of Economics. She is fluent in Romanian, English and French, and has a good command of Italian and basic knowledge of Spanish and German.
10, Zborului Street, sector 3 Bucharest, 030595 Tel: +40 31 405 43 04 cleaua@lddp.ro www.lddp.ro
Peers and clients say: “Crenguta is a brilliant construction lawyer” “She stands out particularly in construction arbitration matters”
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Profiles
Singapore
Sweden
Naresh Mahtani
Rob Palmer
Rikard Wikström-Hermansen
Naresh Mahtani has been in active legal practice for over 35 years, in dispute resolution, international construction and oil & gas projects and commercial transactions, as counsel and advisor, as well as arbitrator, adjudicator and mediator in various institutional (including ICC, SIAC, AIAC and SMC) and ad hoc cases in Singapore, Malaysia, Indonesia, Thailand, India and other parts of the Asia-Pacific region. He was a founding partner (1994-1999) and later a practicing consultant (2004–2012) with ATMD Bird & Bird LLP and a partner with Eldan Law LLP (20132018), with an active practice in dispute resolution and construction projects. His roles and appointments in the dispute resolution community during the past few decades include being Chairman of the Society of Construction Law, Singapore (2006–2008), Hon. secretary and a course director of the Singapore Institute of Arbitrators (2010-2018), CEO of the Law Society of Singapore (1999–2001) and Chair of the Appeals Board of the Council Estate Agencies (CEA). He is a Fellow of the Singapore Institute of Arbitrators (FSiArb) and the Chartered Institute of Arbitrators (FCIArb), as well as arbitrator on the panel of arbitrators of various arbitral institutions. As accredited Adjudicator with the Singapore Mediation Centre (SMC), he has been appointed as adjudicator in substantial construction adjudications, as well as mediator in various cases. He is recognised as a Senior Accredited Specialist in Building & Construction by the Singapore Academy of Law. He has written and presented many articles and papers on construction law and dispute resolution.Naresh has been named as a leading professional in the international Who’s Who Legal 2022 section on Construction.
Rob Palmer is managing partner of Ashurst’s Singapore office and a partner in our dispute resolution practice. Rob has a particular focus on dispute resolution in the construction, infrastructure and energy sectors and has longstanding on-the-ground experience in Southeast Asia, having been based in the region (including Singapore, Indonesia and Thailand) for almost 20 years. Acknowledged as a go-to-partner for high-value, complex work, Rob has represented owners, contractors and lenders on disputes relating to delay and disruption, defective works, force majeure events and termination of contracts across a range of sectors. This experience includes, notably, disputes relating to the construction of large-scale renewable energy projects (hydro, geothermal, onshore and offshore wind, and nuclear). Rob is singled out in legal directories for the quality of his advocacy and the high level of client care he provides, with reported client comments describing him as “the best international arbitration lawyer in Asia” with an “excellent understanding of arbitration matters and strategy and the energy industry”. Rob is qualified in England & Wales, Australia (New South Wales) and New Zealand. He is a Fellow of the Chartered Institute of Arbitrators (CIArb), the Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration, and a member of the Training Faculty of the CIArb. Rob also sits as an arbitrator, and is a member of the panel of arbitrators of numerous institutions.
Rikard Wikström-Hermansen is a partner focusing on Swedish and international commercial arbitration as well as Swedish court proceedings. He has represented Swedish, foreign and multinational corporations before courts and arbitral tribunals under various arbitration rules such as the SCC, the ICC, the SIAC, the FAI and the UNCITRAL. He focuses in particular on arbitration related to major construction, infrastructure, projects, and energy disputes. Rikard also regularly sits as arbitrator and has chaired several SCC and ICC international commercial arbitrations – governed by English, Swedish, Danish, Finnish and Russian law – involving British, Chilean, Danish, Egyptian, Estonian, Finnish, French, German, Lithuanian, Norwegian, Polish, Russian, Spanish, Swedish and Swiss parties. Rikard is also a frequent speaker at international events and conferences in the field of dispute resolution. Before joining Roschier in 2017, he was a partner with a global law firm, working in Stockholm.
ADELPHI LAW CHAMBERS LLC
1 Coleman Street #10-01B Singapore, 179803 Tel: +65 6514 6792 naresh@adelphi-law.com http://www.adelphi-law.com
Peers and clients say: “He is a very experienced local practitioner”, “Naresh is well known in the market”.
Ashurst LLP
12 Marina Boulevard #24-01 Marina Bay Financial Centre Tower 3 Singapore, 018982 Tel: +65 6416 9504 rob.palmer@ashurst.com www.ashurst.com
Peers and clients say: “A true construction specialist” “An excellent construction disputes lawyer” “A highly respected arbitration lawyer on construction matters”
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Roschier Advokatbyrå
P.O. Box 7358 Stockholm, SE-103 90 Tel: +46707890490 rikard.wikstrom@roschier.com www.roschier.com
Peers and clients say: “An outstanding counsel and solid arbitrator in construction, energy and M&A disputes” “A highly skilled and experienced litigator” “A leading counsel in domestic and international construction arbitration” 33
Profiles
Switzerland • Geneva
Elliott Geisinger
Yves Jeanrenaud
Wolfgang Peter
Elliott Geisinger heads Schellenberg Wittmer’s international arbitration group. He has acted as counsel and arbitrator in over 130 international arbitrations in complex commercial disputes involving international commercial contracts. He has also advised foreign states and Swiss corporations in investment disputes. Elliott is particularly specialised in construction and engineering matters. He is co-founder of the Istanbul International Construction Law Conferences project, with Professor Dr Yesim Atamer of Istanbul Bilgi University (www.construction-law.bilgi.edu.tr). He is further specialised in contract management in large-scale construction and infrastructure projects. Elliott regularly represents clients in arbitration-related court proceedings. Elliott has represented parties before the Swiss Supreme Court in several landmark cases. Elliott’s recent experience in arbitration matters includes representation, as co-counsel, for the construction consortium in several ICC proceedings relating to the enlargement of the Panama Canal; representation of the Russian Federation in investment arbitration matters in proceedings before the Swiss Supreme Court to set aside interim awards on jurisdiction under the ECT and under the Ukraine-Russia BIT; and representation of a major North African state company in proceedings relating to saltwater desalination projects. Elliott was president of the Swiss Arbitration Association (ASA) from 2014 to 2019 and is now honorary president. Elliott is one of four arbitration experts to have advised the Swiss government on revisions to the Swiss law on international arbitration.
Yves Jeanrenaud (MRICS) heads the firm’s real estate and construction group. His main areas of practice include property law, real estate investments and transactions (both domestically and internationally), hotel projects and transactions, sale and leaseback operations, commercial leases, ground leases, total and general work contracts, real estate financing and structuring, due diligence procedures, environmental law and energy law. He advises clients in French, English and German. Yves has extensive experience in drafting and negotiating property contracts, such as acquisition contracts. He advises Swiss and foreign clients on various contractual matters. He also handles litigation and arbitration within these fields. Yves is a member of several professional associations, in particular a member of the Advisory Board of the Royal Institutions of Chartered Surveyors (RICS) in Switzerland. Yves’ recent expertise includes: counsel to the International Labour Organization for the negotiation and the sale of a plot of land to the Steiner Investment Foundation; counsel to Patrizia for the sale to an UBS Investment Foundation of the retail center Poya in Fribourg, Switzerland; counsel to Bouygues Construction for the acquisition of the engineering services business of Alpiq (building technology, transportation, power & heat services, industrial plants and nuclear decommissioning). Yves was admitted to the Swiss Bar in 1987 after graduating from the School of Law of the University of Zurich in 1983 and earning a Master of Laws from Northwestern University School of Law in 1985. Yves is a founding partner of Schellenberg Wittmer.
15bis, rue des Alpes PO Box 2088 Geneva, 1211 Tel: +41 22 707 8000 elliott.geisinger@swlegal.ch www.swlegal.ch
15bis, rue des Alpes PO Box 2088 Geneva, 1211 Tel: +41 22 707 8000 yves.jeanrenaud@swlegal.ch www.swlegal.ch
Wolfgang Peter is a founding partner of Peter & Kim SA, a new global specialist practice in Switzerland, South Korea, Australia and Singapore, dedicated to international commercial and investment arbitration. Dr Peter represents major companies from Europe and overseas as counsel in large and complex international arbitrations. He also regularly serves as an arbitrator in high-stakes arbitrations under the auspices of various institutions throughout the world. He has acted, up to now, in over 260 international arbitrations involving M&A; finance and banking; international trade; joint ventures and industrial cooperation; agency and distribution; licensing transfer of technology and natural resources (in particular gas-price adjustment disputes). Further to his arbitration practice, Dr Peter has been retained as counsel in numerous Swiss and cross- border mergers and acquisitions as well as corporate finance and IPO transactions. He was a member of the board of several companies in the field of finance and industry. Before founding Peter & Kim, Wolfgang Peter spent more than three decades leading the arbitration and corporate groups of Peter & Partners, a boutique law firm specialised in arbitration, and of Python & Peter, a major Swiss law firm. Dr Peter also held top management executive positions: he was CEO of the Breguet Watch Group from 1987 to 1995 and in 1992 he co-founded Montres JaquetDroz SA and was managing director until 2000. He studied business administration, political science and law at the universities of Lausanne, Geneva, Harvard and Frankfurt and holds doctorate degrees in business administration (Lausanne) and in law (Frankfurt). He has written various articles on business law and international commercial arbitration; the second edition of his study Arbitration and Renegotiation of International Investment Agreements was published by Kluwer in 1995.
Peers and clients say: “Elliott is an marketleading expert on construction law” “He is a household name when it comes to complex construction disputes”
Peers and clients say: “Yves is a big name in Geneva for construction cases” “He is an excellent and incredibly hardworking practitioner”
Schellenberg Wittmer
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Schellenberg Wittmer
whoswholegal.com
Peter & Kim
Profiles
Zurich
Turkey
Christopher Boog
Yasemin Cetinel
Dr Peter is a member of various arbitration-related organisations, including the Geneva and Swiss Bar associations, the LCIA (board member), the Geneva Association of Business Law, the ASA (executive board member) and the IBA.
Dr Christopher Boog is vice-chair of Schellenberg Wittmer’s international arbitration practice. He is based in the firm’s Zurich and Singapore offices and represents clients in international commercial, investment and sports arbitration matters. Christopher has acted as counsel and arbitrator in over 120 complex arbitrations seated in common law and civil law jurisdictions worldwide, involving a wide array of matters and under many different laws. His main areas of specialisation include construction and engineering, energy, commodities, investment and sports law, as well as the pharmaceutical/life sciences, automotive and metals & mining industries. Examples of Christopher’s recent work include: representation of a state in several investment treaty arbitrations; representation of an international construction consortium in several parallel multibillion-dollar arbitrations regarding one of the world’s largest infrastructure projects in Latin America; representation of a multi-national in several arbitrations related to construction projects in the metals industry around the world; counsel to a general contractor in relation to the construction of a processing plant; counsel to a consortium leader in a dispute related to a power plant project in Asia. lead counsel to the licensor in a multibillion-dollar licensing dispute regarding one of the world’s best-selling drugs and the payment of royalties under the related licence agreement. Christopher regularly publishes and speaks on topics related to arbitration. He is a vice-president of the Court of the Swiss Arbitration Centre and a member of the Appointment Committee of the HKIAC. In 2020, he was awarded the Swiss Arbitration Association’s prize for advocacy in international arbitration. Christopher holds a PhD from the University of Zurich (summa cum laude; Professor Hug Prize).
Yasemin Cetinel is the founding partner of Cetinel Law Firm in Istanbul, specialised in international construction law, international investment and commercial arbitration, with a specific focus on construction disputes. She is a candidate on the MSc degree for quantity surveying at Heriot-Watt University; and she holds a postgraduate degree in international commercial arbitration from the Queen Mary and Westfield College, University of London. She represents and advises contractors of various nationalities in projects or cases in Eastern Europe, the Middle East, the Turkic countries, sub-Saharan Africa and Latin America. She has extensive experience on FIDIC/ICE-based contracts, EPC contracts, ad hoc construction contracts with Turkish, Middle Eastern, European and African contractors and state entities; as well as on dispute board proceedings in construction contracts. She has also been involved in numerous ICSID arbitrations arising out of construction projects, including cases against the Republic of Kyrgyzstan, the Hashemite Kingdom of Jordan, the Republic of Georgia and the Republic of Turkmenistan. She contributed to International Construction Law (second edition, edited by Lukas Klee). She is the author of the Turkish chapter of Compendium Project (funded by the Society of Construction Law Australia and supported by Melbourne University). She also contributed the chapter “Enforceability Issues of Dispute Boards: Considerations for an Efficient Practice in Turkey” to Construction Arbitration in Central and Eastern Europe: Contemporary Issues (Kluwer Law International, edited by Dr Crina Baltag and Cosmin Vasile).
Avenue de Champel 8C Geneva, 1206 Tel: +41 58 317 70 70 wpeter@peterandkim.com www.peterandkim.com
Löwenstrasse 19 Zurich, 8021 Tel: +41 44 215 5252 christopher.boog@swlegal.ch www.swlegal.ch
Peers and clients say: “Wolfgang Peter is a heavyweight in any arbitral tribunal dealing with complex economic disputes, in particular post-M&A arbitrations” “He has extensive experience with construction matters both as counsel and arbitrator”
Peers and clients say: “Christopher has superb control during complex hearings” “He is a great partner to work with” “He is absolutely excellent for dispute resolution within the construction industry”
Schellenberg Wittmer
whoswholegal.com
Cetinel Law Firm
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Profiles
Turkey
United Arab Emirates
Yasemin Cetinel (cont.)
Alex Bevan
Adrian Cole
Ms. Cetinel serves as a member of the Dispute Resolution Board Foundation’s region 2 board, and is president of the Society of Construction Law’s Turkey chapter. She is also the standing committee member in ICC Alternative Dispute Resolution Center. She knows Turkish (native), English, French (professional) and Greek (non-professional).
Alex Bevan is Shearman & Sterling’s Global international arbitration practice group leader and head of the firm’s construction practice. He specialises in complex international arbitration proceedings arising out of construction and development projects, investments, acquisitions and joint ventures in a range of industries. He advises and represents companies and stateowned entities in proceedings under the arbitration rules of all major institutions and in ad hoc arbitrations. He also regularly acts as arbitrator. Alex has been widely noted for his broad construction practice. He represents both contractors and developers in significant arbitrations, most notably in the energy (nuclear, electricity and renewables) and oil and gas industries or related to major infrastructure projects (airports, railways, medical facilities). Recognised as a Thought Leader in the field of construction arbitration and “one of the best construction arbitration specialists”, his practice includes the full spectrum of issues arising on engineering and construction projects, such as government interference, regulatory impediments, supply chain constraints, force majeure and other unforeseen events, defective work, changes, and delay, disruption and acceleration claims. Alex has been distinguished in leading directories as a “go-to guy for major international arbitrations,” a “tenacious advocate” and “a clinical cross-examiner” with “invaluable strategic thinking.” Alex chairs the MENA Sub-Committee of the Campaign for Greener Arbitrations. Alex is qualified as a solicitor of the Supreme Court of England and Wales and is bilingual in English and Spanish.
Adrian Cole is an expert in construction disputes in energy, real estate and infrastructure development, and previously led King & Spalding’s Middle East dispute resolution practice. Adrian has recently been appointed a Judge of the Court of Cassation in the Kingdom of Bahrain. Adrian is listed as one of the world’s top 25 construction dispute lawyers; has been selected for inclusion in WWL Global Elite; and is ranked as a top-tier lawyer by Chambers Global and The Legal 500. Chambers Global says, “He’s the kind of guy you want with you rather than against you,” and rates “his knowledge in arbitration”. The Legal 500 states that Adrian “stands out as a strong expert in construction-related dispute resolution” (The Legal 500). As arbitrator, Adrian has decided over 70 significant and complex construction cases sitting with some of the world’s leading construction arbitrators under ICC, LCIA, DIFC-LCIA, DIAC, ADCCAC, UNCITRAL and other rules. A qualified and experienced mediator and adjudicator, he is currently chair of a high-profile DAB on the largest power project in Africa. He practices both civil and common law, and is currently engaged on complex high-value construction disputes in Asia, the Middle East and Africa. Adrian studied engineering and construction, and qualified and practised as a quantity surveyor before becoming a solicitor. He has first-hand experience of the practical issues in the engineering and construction industries. A fellow of the CIArb and a member of the CIOB, he is admitted in England and Wales, Ireland and is qualified to practise in the United Arab Emirates. Adrian has been engaged for his expertise by the EU to provide training in international arbitration to the Republic of Georgia and by the UAE government to train its judiciary in construction law and arbitration.
Vali Konagi Cad. Poyracik Sok. Camlibel Apt. No.51 D.11/12 Kat: 5 Nisantasi Istanbul Tel: +90 212 246 47 69 yasemin.cetinel@ycetinel.av.tr www.ycetinel.av.tr
Peers and clients say: “Yasemin is very sharp and commercially minded” “She really understands construction disputes” “She is the go-to construction lawyer in Turkey” 36
Shearman & Sterling LLP
Etihad Towers 21st Floor, Office Tower 3 Corniche Road, P.O. Box 2948 Abu Dhabi Tel: +971 2 410 8121 abevan@shearman.com www.shearman.com
Peers and clients say: “Alex probably has the leading construction arbitration practice in the region” “Mr Bevan is a top construction lawyer” “Alex is a strong team leader” “He is excellent in construction disputes and has a very amiable personality” whoswholegal.com
Independent Arbitrator
PO Box 965097 Abu Dhabi Tel: +971 50 810 7412 adrian.arbitration@gmail.com
Peers and clients say: “Adrian is an excellent arbitrator in the construction space” “He is the go-to arbitrator in the Middle East”
Profiles
USA • Alabama
Dean O’Leary
Arlan D Lewis
Dean is a partner and barrister and head of construction at a leading law firm in Dubai where he leads the construction arbitration team. He specialises in the resolution of construction and engineering disputes, with a particular focus on arbitration. Dean has been handling construction disputes for over 30 years. Prior to practising law in Dubai he practised as a barrister from India Buildings Chambers in England; prior to that he worked as a quantity surveyor, after a period of service in the Royal Marines. Dean moved to Dubai in 2006 and since then he has been involved in some of the biggest construction arbitrations in the region. While his primary area of practice is handling construction and engineering disputes, he also deals with disputes relating to energy related matters. His instructions regularly call on him to represent employers, contractors, subcontractors, consultants and suppliers in mediations, adjudications, expert determinations, arbitrations and the courts. He has experience of the FIDIC, ICE (now ICC), NEC and JCT forms of contract along with many bespoke forms too. He has conducted arbitrations under the auspices of the UNCITRAL, DIAC, ADCCAC, DIFC-LCIA, QICCA, BCDR-AAA and ICC Arbitration Rules as well as numerous ad hoc arbitrations under various lex arbitri. Along with his client base in the Middle East, Dean also advises clients in the Americas, Africa and Asia. He is conversant with the substantive and procedural laws of England, the DIFC, the UAE and several civil law jurisdictions in the Middle East. As well as acting as counsel, Dean also accepts appointments as an arbitrator, adjudicator or mediator.
Arlan D Lewis is a partner at Blueprint Construction Counsel, LLP. Before joining Blueprint, Arlan was a partner in the construction practice group of Bradley Arant Boult Cummings LLP, an Am Law 200 firm based in Birmingham, Alabama, where he began his legal career in 1996. Mr Lewis is currently the chair of the American Bar Association Forum on Construction Law, the largest organisation of construction lawyers in the world, and a recognised thought leader and resource for the construction industry. Mr Lewis completed his undergraduate studies in architecture and further pursued his interest in the industry by practising construction law. He represents owners, contractors, subcontractors, developers and other construction industry participants on a variety of issues arising out of complex commercial construction projects in the private and public sectors. During his 25 years of practice as a construction lawyer, Mr Lewis has developed substantial experience in the negotiation and drafting of EPC, design-build, construction management, design, procurement, joint ventures and other agreements related to the construction industry. He frequently advises clients on a variety of issues that arise during the performance of a project, including concerns about payment, changes, delays, acceleration, inefficiencies, licensing, termination, project suspension, defective work, indemnity and other project issues. He has been trained in the Harvard programme on negotiation methods, and clients value his ability to balance practical business objectives with legal issues to provide appropriate risk management solutions.
Galadari Advocates & Legal Consultants
Blueprint Construction Counsel LLP In the dispute context, Mr Lewis’ involvement often begins when a dispute has arisen, or is anticipated, and continues through discovery, settlement negotiations, alternative dispute resolution proceedings (including mediation and arbitration) and litigation. Mr Lewis has represented many construction companies, including several ranked in Engineering News-Record’s Top 400 list, on a wide variety of projects in the USA and internationally, related to the construction of commercial office buildings; water treatment plants; airports; hospitals; renewable energy facilities; pharmaceutical production facilities; educational facilities; government facilities; condominiums; multi-family and student housing complexes; power generation facilities (including nuclear); and industrial projects including sewer systems, highways, and coke-handling and other production facilities. Mr Lewis frequently speaks on legal issues in the construction industry, and conducts client training sessions specifically tailored to the needs of a client team. He has been recognised for his expertise in construction law in Chambers USA, Who’s Who Legal: Construction and Alabama Super Lawyers.He has also attained the highest possible rating for ethics and legal ability in MartindaleHubbell (AV Preeminent). Mr Lewis attained his law degree at Vanderbilt University and earned a Bachelor of Architecture degree from Hampton University.
420 North 20th Street Suite 2200 Birmingham, 35203 Tel: +1 205 379 1128 alewis@blueprintlaw.com www.blueprintlaw.com
Dubai Tel: +971 55 118 1600 dean.oleary@galadarilaw.com
Peers and clients say: “He has an intimate knowledge of the construction process which, coupled with his unrivalled knowledge of construction law, really puts him at the top of his game.” “In terms of handling construction disputes, he is a master of his trade.”
Peers and clients say: “He is an excellent lawyer” “Mr Lewis is a highly professional practitioner” “He is a wonderful construction lawyer”
whoswholegal.com
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Profiles
USA • California
Georgia
Daniel D McMillan
Danielle Cole
Dan McMillan is co-leader of Jones Day’s global construction practice recognised by Chambers USA as the 2017 Construction Practice of the Year and Law360 as Construction Group of the Year for 2020 and 2021. Dan is the rare attorney who combines skills of an accomplished trial lawyer with those of a sophisticated transactional lawyer, capable of fashioning practical solutions for the largest and most challenging construction projects. Clients such as Chevron, Kiewit, and Sempra Energy have turned to Dan for advice on major matters in the US and across the globe. He has had key roles on some of the most successful infrastructure projects, as well as the highest-profile construction litigation cases. For example, the Transbay Joint Power Authority tapped Dan to be its lead counsel in the Millennium Tower (aka “the leaning tower of San Francisco”) litigation, a case featured on 60 Minutes. Client appreciation of Dan’s skills has resulted in him being one of the few Band One California construction lawyers listed by Chambers USA. The Daily Journal has recognised Dan as one of the Top 100 lawyers in California, and BTI Consulting Group identified him as a Client Service All-Star for his service to the construction industry. Dan is a frequent speaker and writer on topics of importance to the construction industry. He is a member of the ABA’s forum on construction law and the International Bar Association. Dan graduated summa cum laude and first in his class from both Loyola Law School and Loyola Marymount University. He clerked with the Chief Judge of the United States Court of Appeals, Fifth Circuit.
Danielle J Cole is a founding partner of Blueprint Construction Counsel, LLP, a construction law firm with a practice extending far beyond its southeastern base. Ms Cole represents construction managers, general contractors, design-builders, joint ventures and other project participants, including a number of the largest ranked by Engineering News-Record. She has represented clients on a wide variety of private, public and PPP projects in the US and abroad, including those involving the construction of sports stadiums; entertainment venues; airports; hospitals; hotels; distribution and data centres; facilities for government operations and education; commercial, multi-use and multi-family residential projects; and power-generation, renewable energy, industrial and infrastructure projects. Ms Cole collaborates with clients to facilitate the successful procurement, performance and completion of a construction project by providing counsel, assistance and advocacy through any and all phases. Her practice activities include: procurement-related services; counsel on business and contract-related considerations/strategies; drafting and negotiating prime contracts, subcontracts, teaming and joint venture agreements, and other ancillary agreements; project counsel and project support services designed to proactively identify, eliminate, mitigate and resolve project risk-related issues; workforce training; corporate counsel services; claims preparation and defence; and representation in contentious matters including complex mediation, litigation and arbitration. She is experienced in addressing and resolving a variety of issues commonly encountered on a project, including those relating to changes, payment, contingency, licensing, insurance, bonds, liens, delays, default, termination, indemnification, defective work and other contract issues.
Jones Day
Blueprint Construction Counsel LLP
555 South Flower Street 50th Floor Los Angeles, 90071 Tel: +1 213 243 2582 ddmcmillan@jonesday.com www.jonesday.com
Peers and clients say: “An outstanding construction counsel” “Highly recommended construction practitioner” 38
Ms Cole’s expertise in construction law has been noted in annual publications of several highly regarded, independent, legal referral guides identifying leading practitioners based on comprehensive in-depth research and client-led intelligence, including Who’s Who Legal, Chambers USA and The Legal 500: United States. Her recognition for expertise in construction litigation in Georgia Super Lawyers and Georgia Super Lawyers – Rising Stars, and attainment of the highest possible rating for ethics and legal ability by Martindale-Hubbell (AV Preeminent), result from peer-provided assessments. Ms Cole served on the governing committee of the American Bar Association’s Forum on Construction Law and is past chair of its international construction division. She is also a past chair of the Atlanta Bar Association’s construction law section. Ms Cole served on the board of directors for the National Association of Women in Construction’s Atlanta chapter, and has supported the Associated General Contractors of America as a member of both its contract documents forum and ConsensusDocs working group responsible for developing form joint venture, teaming and construction management agreements.
1100 Peachtree Street NE, Suite 200 Atlanta, 30309 Tel: +1 404 781 0772 dcole@blueprintlaw.com www.blueprintlaw.com
Peers and clients say: “Danielle is always on the ball in construction matters” “She has deep knowledge of complex construction law”
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Profiles
New York
Angus N McFadden
Eric Schwartz
Blueprint Construction Counsel LLP Angus McFadden is a construction lawyer with nearly twenty years’ experience representing clients in a variety of industries on projects ranging in value from US$10 million to more than US$10 billion. Prior to opening his own firm and then joining Blueprint Construction Counsel, he was a partner at an AmLaw 25 firm. Throughout his career, Mr. McFadden has taken a business-minded approach and leveraged his ability to understand people and their motivations to get the deal done or the conflict resolved, and he continues to bring that experience and mindset to his practice today, while understanding and working to mitigate the risks his clients face. Mr. McFadden’s experience encompasses a wide range of construction projects, and he has worked on major industrial, infrastructure and commercial projects throughout the US and around the world. A significant portion of Mr. McFadden’s practice has involved representing owners, and he understands the particular issues that owners face on construction projects. Some examples include sports stadiums, mixed-use commercial developments, hotels, apartments, petrochemical facilities, liquefied natural gas (LNG) liquefaction and export terminals, LNG import terminals, natural gas and NGL pipelines, fossil-fuel and solar power plants, water projects, and natural gas storage facilities. Mr. McFadden also has extensive international experience. He lived and practiced in the United Arab Emirates and has worked on projects in the Middle East, Asia, Africa, Mexico and South America, in addition to his experience in the United States. Mr. McFadden holds an A.B. and a J.D., magna cum laude, from Duke University. After graduating, Mr McFadden clerked for the Honorable Sharon Lovelace Blackburn on the United States District Court for the Northern District of Alabama.
Schwartz Arbitration Mr. McFadden is a member of the American Bar Association, the ABA Forum on The Construction Industry, the Alabama, Georgia and Texas Bar Associations, and the Atlanta Bar Association. Mr. McFadden has written articles for several publications, and has presented papers and spoken on construction law topics in the US and internationally.
Eric Schwartz retired as a partner in the international arbitration group of King & Spalding and now practises independently as an arbitrator and as an arbitrator member of Fountain Court Chambers in London. He is a former secretary general (1992– 1996), court member (2006–2012) and vice president (2012–2015) of the ICC International Court of Arbitration. He has also served as a vice-chair of the ICC institute of world business law. Over the course of four decades of legal practice, Eric has acted as counsel and as an arbitrator in international arbitration proceedings in all the principal European arbitration venues, as well as in Africa, Asia and North America. He has particular expertise in relation to disputes concerning large infrastructure projects as well as investment treaties and complex cross-border transactions in the energy, IP or IT and pharmaceutical sectors. Although Eric is especially well known for his ICC arbitration experience, he has also acted in arbitrations under the rules of the American Arbitration Association, CIETAC, the European Development Fund, the ICDR, the Netherlands Arbitration Institute, the LCIA, the Stockholm Chamber of Commerce, the Singapore International Arbitration Centre and the Vienna International Arbitration Centre, in addition to ICSID and UNCITRAL. He has experience of disputes under a variety of legal systems, including those of France, England, Switzerland, the United States and multiple jurisdictions across the Middle East, Africa and Asia.
1100 Peachtree Street NE, Suite 200 Atlanta, 30309 Tel: +1 404 682 6644 amcfadden@blueprintlaw.com www.blueprintlaw.com
Peers and clients say: “He is highly respected by those he negotiates with” “He always accommodates himself to our aggressive schedule and business needs”
whoswholegal.com
Continued overleaf
39
Profiles
USA • New York
Wisconsin
DIRECTORY An asterisk denotes practitioners who have profiles in the preceding pages. Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
40
Eric Schwartz (cont.)
Kimberly A Hurtado
Eric is the author of dozens of articles on international arbitration practice as well as the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration (Kluwer, 2nd ed, 2005) and the editor of several other books, including (with B Hanotiau) Multiparty Arbitration (ICC 2010) and Class and Group Actions in Arbitration (ICC 2016). Eric was educated at Dartmouth College (BA 1973) and Yale University (JD 1976) and is a member of the California Bar and an emeritus member of the Paris Bar. He is fluent in English and French.
Kimberly Hurtado is the Founder and Managing Shareholder of Hurtado Zimmerman SC, Counselors at Law, and has focused her practice for more than 30 years on complex construction issues. Ms. Hurtado is also a professor teaching at The School of Architecture at Arcosanti Graduate School. She is a Fellow and has served on the Board of Governors of the American College of Construction Lawyers and on the Governing Committee of the American Bar Association’s Forum on the Construction Industry. She is a founding member of the Construction Lawyers Society of America, serves on the US Army Corps of Engineers Industry BIM Consortium, and is listed in Martindale Hubbell’s AV Preeminent Lawyers Judicial Edition. Ms. Hurtado lectures and writes internationally about legal issues related to the implementation of cutting-edge construction technology and project management, regenerative design, clean energy transition and ethics issues impacting the construction industry.
150 East 58th Street 25th Floor New York, 10155 USA Tel: +1 646 478 7045 eschwartz@schwartzarbitration.com www.schwartzarbitration.com
1011 Mayfair Road Suite 204 Wauwatosa, 53226 Tel: +1 414 727 6250 khurtado@hzattys.com www.hurtadosc.com
Peers and clients say: “Eric is one of the best experts for construction arbitration” “Mr Schwartz is an incredibly impressive expert” “He is super sharp”
Peers and clients say: “She is the go-to construction lawyer in Wisconsin” “Kimberly is very well regarded in the market for her tremendous understanding of the construction industry”
Hurtado Zimmerman SC
whoswholegal.com
Algeria
Mohammed Chemloul Me Mohammed Chemloul mohammed.chemloul@chemlouletassocies. com
Argentina
Ricardo E Barreiro Deymonnaz Barreiro Oliva De Luca Jaca & Nicastro rbarreiro@bodlegal.com Carolina Sigwald Díaz Bobillo, Sigwald & Vittonei dbsv | abogados csigwald@dbsv.com.ar
Australia
Donald Charrett* Expert Determination Chambers d.charrett@me.com Grant Ahearn Norton Rose Fulbright Australia grant.ahearn@nortonrosefulbright.com Ian Bailey SC Ground Floor Wentworth Chambers bailey@wentworthchambers.com.au Frank Bannon Clayton Utz fbannon@claytonutz.com Dale Brackin Clayton Utz dbrackin@claytonutz.com Tim Breakspear SC Banco Chambers tim.breakspear@banco.net.au Rob Buchanan Pinsent Masons LLP rob.buchanan@pinsentmasons.com Scott Budd King & Wood Mallesons scott.budd@au.kwm.com Meghan Cahill MolinoCahill Lawyers mcahill@molinocahill.com.au Sergio Capelli Clayton Utz scapelli@claytonutz.com Andrew Chew Corrs Chambers Westgarth andrew.chew@corrs.com.au John Cooper Jones Day johncooper@jonesday.com Matthew Croagh Pinsent Masons matt.croagh@pinsentmasons.com Beth Cubitt Clyde & Co Australia beth.cubitt@clydeco.com
Directory
Mark Dempsey SC 7 Wentworth Selborne Chambers dempsey@selbornechambers.com.au Michael Earwaker Corrs Chambers Westgarth michael.earwaker@corrs.com.au St John Frawley Thomson Geer sfrawley@tglaw.com.au John Gallagher DLA Piper Australia john.gallagher@dlapiper.com Phillip Greenham JBM Advisory phillip.greenham@jbmadvisory.com Alex Hartmann Baker McKenzie alex.hartmann@bakermckenzie.com Jane Hider Corrs Chambers Westgarth jane.hider@corrs.com.au Pamela Jack MinterEllison pamela.jack@minterellison.com Douglas Jones AO Independent Arbitrator dougjones@dougjones.info Nicholas J Longley* HFW nick.longley@hfw.com Hamish Macpherson King & Wood Mallesons hamish.macpherson@au.kwm.com Elizabeth McKechnie MinterEllison elizabeth.mckechnie@minterellison.com Fraser McMillan Pinsent Masons LLP fraser.mcmillan@pinsentmasons.com Peter Megens Outlook Legal Consulting Pty Ltd petermegens@outlook.com Duncan Miller SC 7 Wentworth Selborne Chambers miller@7thfloor.com.au Marko Misko HWL Ebsworth mmisko@hwle.com.au Tony Molino MolinoCahill Lawyers tmolino@molinocahill.com.au Kon Nakousis Gilbert + Tobin knakousis@gtlaw.com.au Stewart Nankervis MinterEllison stewart.nankervis@minterellison.com Ren Niemann Norton Rose Fulbright Australia ren.niemann@nortonrosefulbright.com Leighton O’Brien Allens leighton.o’brien@allens.com.au Steve O’Reilly Clayton Utz soreilly@claytonutz.com Nicholas Pane QC Isaacs Chambers npane@vicbar.com.au Peter Pether King & Wood Mallesons peter.pether@au.kwm.com Joanna Pugsley Clayton Utz jpugsley@claytonutz.com
Georgia Quick Ashurst georgia.quick@ashurst.com Graham Read Clayton Utz graham.read@claytonutz.com Nick Rudge Allens nick.rudge@allens.com.au Chris Ryder Corrs Chambers Westgarth chris.ryder@corrs.com.au Peter Schenk Corrs Chambers Westgarth peter.schenk@corrs.com.au John Sharkey AM Professor John Sharkey AM john@sharkeyconsulting.com Bill Smith Ashurst bill.smith@ashurst.com Jodi Steele SC* 13 Wentworth Chambers jsteele@13wentworth.com.au Greg Steinepreis Squire Patton Boggs (AU) greg.steinepreis@squirepb.com Andrew Stephenson Corrs Chambers Westgarth andrew.stephenson@corrs.com.au David Templeman Herbert Smith Freehills david.templeman@hsf.com Emma Warren Allens emma.warren@allens.com.au Geoff Wood Baker McKenzie geoff.wood@bakermckenzie.com Peter Wood MinterEllison peter.wood@minterellison.com Julie Wright Greenway Chambers julie.wright@greenway.com.au
Sheikha Haya Haya Rashed Al Khalifa Law Firm h.alkhalifa@hraklf.com
Belarus
Kiryl Apanasevich Sorainen kiryl.apanasevich@sorainen.com Dmitry Arkhipenko REVERA da@revera.by Dmitry Bokhan Verkhovodko & Partners LLC dmitry.bokhan@verkhovodko.com Vassili Salei Borovtsov & Salei vassili.salei@borovtsovsalei.com Ekaterina Zabello VMP Vlasova Mikhel & Partners ekaterina.zabello@vmp.by
Belgium
Benoît Kohl Cepani bkohl@cepani.be Rony Vermeersch Stibbe rony.vermeersch@stibbe.com Vera van Houtte Van Houtte Partners BV vera.vanhoutte@arbitration.be
Brazil
Thomas Anderl Wolf Theiss thomas.anderl@wolftheiss.com Florian Haugeneder KNOETZL florian.haugeneder@knoetzl.com Georg Karasek KWR Karasek Wietrzyk Rechtsanwälte GmbH georg.karasek@kwr.at Emmanuel Kaufman Wolf Theiss emmanuel.kaufman@wolftheiss.com Katharina Müller Müller Partner Rechtsanwälte GmbH k.mueller@mplaw.at Wolfgang Müller Wolf Theiss wolfgang.mueller@wolftheiss.com Nikolaus Weselik CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH nikolaus.weselik@cms-rrh.com
Ana Carolina Barretto Veirano Advogados ana.barretto@veirano.com.br Marcelo de Alencar Botelho de Mesquita Botelho de Mesquita Advogados botelhomesquita@botelhomesquita.adv.br Júlio César Bueno Pinheiro Neto Advogados jbueno@pn.com.br Caio Campello Manassero Campello campello@manasserocampello.com.br Thiago Fernandes Moreira Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados thiago.moreira@mattosfilho.co Eduardo Frade Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados eduardo.frade@mattosfilho.com.br Victor Madeira Filho* Madeira, Valentim & Gallardo victor.madeira@mvga.com.br Fernando Marcondes MAMG Advogados fm@mamg.com.br Ricardo Medina Salla Toledo Marchetti Advogados rmedina@toledomarchetti.com.br Leonardo Toledo da Silva Toledo Marchetti Advogados ltoledo@toledomarchetti.com.br Cecilia Vidigal Monteiro de Barros Motta Fernandes Advogados cecilia.vidigal@mottafernandes.com.br
Bahrain
Brunei
Austria
Paula Boast Charles Russell LLP paula.boast@crsblaw.com
whoswholegal.com
Colin Ong QC Dr Colin Ong Legal Services contacts@onglegal.com
41
Directory
Bulgaria
Svetlana Ganeva Arsov Natchev Ganeva ganeva@anglaw.com Boyana Milcheva Dimitrov Petrov & Co boyana.milcheva@dpc.bg
Canada Alberta
W Donald Goodfellow Q.C., C. Arb Goodfellow & Schuettlaw wdonald@goodfellowqc.com Scott J Hammel QC Miller Thomson LLP shammel@millerthomson.com William J Kenny QC Western Arbitration Chambers wkenny@millerthomson.com Donald C I Lucky Reynolds Mirth Richards & Farmer LLP dlucky@rmrf.com Patricia Morrison* Borden Ladner Gervais LLP pmorrison@blg.com Jeffrey D Vallis QC* Borden Ladner Gervais LLP jvallis@blg.com Lowell A Westersund QC Rose LLP lowell.westersund@rosellp.com
British Columbia
Henri Alvarez QC Independent Arbitrator halvarez@alvarezarbitration.com Stephen Berezowskyj Singleton Urquhart Reynolds Vogel LLP sjb@singleton.com John Haythorne Dentons Canada LLP john.haythorne@dentons.com John S Logan QC Jenkins Marzban Logan LLP jlogan@jml.ca Karen Martin QC Dentons Canada LLP karen.martin@dentons.com Christopher O’Connor QC CArb FCIArb O’Connor Dispute Resolution Inc chris@oconnoradr.com Bryan S Shapiro QC SHK Law bss@shk.ca John R Singleton QC* Singleton Urquhart Reynolds Vogel LLP jsingleton@singleton.com
Nova Scotia
T Arthur Barry QC Stewart McKelvey abarry@stewartmckelvey.com George W MacDonald QC Pink Larkin gmacdonald@pinklarkin.com
Ontario
Glenn W Ackerley WeirFoulds LLP gackerley@weirfoulds.com Matthew R Alter Cassels Brock & Blackwell LLP malter@cassels.com
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Geza Banfai McMillan LLP geza.banfai@mcmillan.ca Brendan Bowles* Glaholt Bowles LLP bb@glaholt.com Duncan W Glaholt Glaholt ADR Inc. dwg@glaholtadr.com Harvey J Kirsh Kirsh Construction ADR Services Ltd hjkirsh@gmail.com Howard Krupat DLA Piper (Canada) LLP howard.krupat@dlapiper.com W Andrew McLauchlin McLauchlin & Associates wamcl@mclauchlin.ca Stanley Naftolin QC CS Goldman Sloan Nash & Haber LLP naftolin@gsnh.com R Bruce Reynolds* Singleton Urquhart Reynolds Vogel LLP breynolds@singleton.com Richard H Shaban* Borden Ladner Gervais LLP rshaban@blg.com Sharon Vogel* Singleton Urquhart Reynolds Vogel LLP svogel@singleton.com Howard Wise Goodmans LLP hwise@goodmans.ca
Quebec
Daniel Ayotte* Borden Ladner Gervais LLP dayotte@blg.com Simon Grégoire* Borden Ladner Gervais LLP sgregoire@blg.com Yvan Houle* Borden Ladner Gervais LLP yhoule@blg.com David H Kauffman De Grandpré Chait LLP dkauffman@dgchait.com Olivier F Kott, Ad. E. Norton Rose Fulbright Canada LLP olivier.kott@nortonrosefulbright.com Bernard Quinn Norton Rose Fulbright Canada LLP bernard.quinn@nortonrosefulbright.com
Chile
Oscar Aitken Carey oaitken@carey.cl Francisco Blavi* Coz Jofré & Blavi fblavi@cjb.cl Juan Eduardo Figueroa Valdés Figueroa Illanes Huidobro and Salamanca Abogados jef@fihs.cl Hernán Fleischmann Chadwick* Fleischmann & Román Abogados hfch@fyrabogados.cl Elina Mereminskaya WAGEMANN Lawyers & Engineers emereminskaya@wycia.com Julio Pellegrini* Pellegrini & Rencoret jpellegrini@pycia.cl
whoswholegal.com
Rodrigo Riquelme Yáñez* Riquelme, Silva & Fuentes rodrigo.riquelme@rsfabogados.cl Víctor Ríos Salas Molina Ríos Abogados vrios@molinarios.cl Alex Wagemann WAGEMANN Lawyers & Engineers awagemann@wycia.com
China
Harry Du King & Wood Mallesons harry.du@cn.kwm.com Hew Kian Heong Herbert Smith Freehills LLP kianheong.hew@hsf.com Michelle Li Herbert Smith Freehills LLP michelle.li@hsf.com Zhu Shuying Shanghai City Development Law Firm zhshy@jianwei.com Jihong Wang Zhong Lun Law Firm wangjihong@zhonglun.com Wanhe Ye Cyan Law wanhe.ye@caianlaw.com Ellen Zhang Herbert Smith Freehills LLP ellen.zhang@hsf.com Elvis (Xianfeng) Zhou JunHe LLP zhouxf@junhe.com
Colombia
Daniel Posse Posse Herrera Ruiz daniel.posse@phrlegal.com Carlos Umaña Trujillo Brigard & Urrutia Abogados cumana@bu.com.co
Denmark
Ulrik Bang-Olsen Bang-Olsen & Partners Law Firm ubo@bangolsenlaw.dk Peter Fogh Plesner Advokatpartnerselskab pfo@plesner.com Christian Johansen Bruun & Hjejle chj@bruunhjejle.dk Jacob Møller Dirksen Accura Advokatpartnerselskab jacob.moller.dirksen@accura.dk Peter Wengler-Jørgensen Peter Wengler mail@peterwengler.dk
Egypt
Mohamed Abdel Raouf Abdel Raouf Law Firm mohamed@abdelraouf.com Mohamed S Abdel Wahab* Zulficar & Partners Law Firm msw@zulficarpartners.com Khaled El Shalakany Shalakany Law Office ksh@shalakany.com Karim Hafez Independent Arbitrator karim.hafez@hafeznet.com
Directory
Tarek Fouad A Riad * Tarek Riad – Legal Consultants and Attorneys at Law tarek.riad@krr-law.com
England
Steve Abraham Baker McKenzie Steve.Abraham@Bakermckenzie.com Raid Abu-Manneh Mayer Brown International LLP rabu-manneh@mayerbrown.com Jonathan Acton Davis QC Atkin Chambers jadavis@atkinchambers.com Andrew J L Aglionby Aglionby ADR andrew@aglionbyadr.com Akin Akinbode Dentons akin.akinbode@dentons.com Anthony Albertini Clyde & Co LLP anthony.albertini@clydeco.com Rachel Ansell QC 4 Pump Court ransell@4pumpcourt.com Richard Bailey* Druces LLP r.bailey@druces.com Ellis Baker White & Case LLP ebaker@whitecase.com Andrew Bartlett QC Crown Office Chambers abartlett@crownofficechambers.com Stephanie Barwise QC Atkin Chambers sbarwise@atkinchambers.com Adrian Bell CMS Cameron McKenna Nabarro Olswang LLP adrian.bell@cms-cmno.com John M H Bellhouse 4 New Square j.bellhouse@4newsquare.com John Bishop Arbitration Chambers jmb@johnmauricebishop.com Michael Black QC XXIV Old Buildings mbqc@xxiv.co.uk John Blackburn QC Atkin Chambers jblackburn@atkinchambers.com Philip Boulding QC Keating Chambers pboulding@keatingchambers.com James Bowling 4 Pump Court jbowling@4pumpcourt.com Graeme Bradley Squire Patton Boggs graeme.bradley@squirepb.com Sean Brannigan QC 4 Pump Court sbrannigan@4pumpcourt.com James Bremen Quinn Emanuel Urquhart & Sullivan UK LLP jamesbremen@quinnemanuel.com Nicholas Alexander Brown Pinsent Masons LLP nicholas.brown@pinsentmasons.com David Brynmor Thomas QC 39 Essex Chambers david.brynmor.thomas@39essex.com
Phillip Capper White & Case LLP pcapper@whitecase.com Steven Carey Charles Russell Speechlys LLP steven.carey@crsblaw.com Peter Cassidy Reed Smith LLP pcassidy@reedsmith.com Stuart Catchpole QC Atkin Chambers scatchpole@atkinchambers.com Mark Chennells QC Atkin Chambers mchennells@atkinchambers.com Rupert Choat QC Atkin Chambers rchoat@atkinchambers.com Virginie Colaiuta LMS Legal LLP marketing@lms.com Adam Constable QC Keating Chambers aconstable@keatingchambers.com Edward Corbett Corbett & Co International Construction Lawyers Ltd info@corbett.co.uk Paul J Cowan 4 New Square p.cowan@4newsquare.com Paul Darling OBE QC 39 Essex Chambers paul.darling@39essex.com Sally Davies Mayer Brown International LLP sdavies@mayerbrown.com Jane Davies Evans 3 Verulam Buildings jde@3vb.com Anneliese Day QC Fountain Court Chambers amd@fountaincourt.co.uk Simon Delves Beale and Company Solicitors LLP s.delves@beale-law.com Stephen Dennison QC Atkin Chambers sdennison@atkinchambers.com Nicholas Dennys QC Atkin Chambers ndennys@atkinchambers.com Chantal-Aimée Doerries QC Atkin Chambers cadoerries@atkinchambers.com Roberta Downey Vinson & Elkins RLLP rdowney@velaw.com Tony Dymond Debevoise & Plimpton LLP tdymond@debevoise.com Tim Elliott QC Keating Chambers telliott@keatingchambers.com Andrew Fenn Atkin Chambers afenn@atkinchambers.com Kevin Forsyth Charles Russell Speechlys LLP kevin.forsyth@speechlys.com Tony Francis Fenwick Elliott LLP tfrancis@fenwickelliott.com
whoswholegal.com
Kim Franklin QC Crown Office Chambers franklin@crownofficechambers.com Jonathan French Pinsent Masons LLP Jon.French@pinsentmasons.com Stephen Furst QC Keating Chambers sfurst@keatingchambers.com Robert Gaitskell QC Keating Chambers rgaitskell@keatingchambers.com Lucy Garrett QC Keating Chambers lgarrett@keatingchambers.com Karim Ghaly QC 39 Essex Chambers karim.ghaly@39essex.com Karen Gidwani Fenwick Elliott LLP kgidwani@fenwickelliott.com Judith Gill QC Twenty Essex Chambers arbitralenquiries@twentyessex.com Jeremy Glover Fenwick Elliott LLP jglover@fenwickelliott.com Andrew Goddard QC Atkin Chambers agoddard@atkinchambers.com Jonathan Gold Sheridan Gold LLP jgold@sheridangold.co.uk Nicholas Gould Fenwick Elliott LLP ngould@fenwickelliott.com Gurbinder Grewal Mantle Law Gurbinder.Grewal@mantlelaw.com Chris Hallam CMS Cameron McKenna Nabarro Olswang LLP chris.hallam@cms-cmno.com Sarah Hannaford QC Keating Chambers shannaford@keatingchambers.com Marc Hanson Bryan Cave Leighton Paisner LLP marc.hanson@bclplaw.com Richard Harding QC Keating Chambers rharding@keatingchambers.com Simon Hargreaves QC Keating Chambers shargreaves@keatingchambers.com Martin Harman CBE Pinsent Masons LLP martin.harman@pinsentmasons.com Dominic Helps Corbett & Co International Construction Lawyers Ltd info@corbett.co.uk Nick Henchie Vinson & Elkins RLLP nhenchie@velaw.com Alexander Hickey QC 4 Pump Court ahickey@4pumpcourt.com Jonathan Hosie Mayer Brown International LLP jhosie@mayerbrown.com James Howells QC Atkin Chambers jhowells@atkinchambers.com
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Directory
Adrian Hughes QC 39 Essex Chambers adrian.hughes@39essex.com Simon Hughes QC Keating Chambers shughes@keatingchambers.com Riaz Hussain QC Atkin Chambers rhussain@atkinchambers.com Shy Jackson Bryan Cave Leighton Paisner LLP shy.jackson@bclplaw.com Rosemary Jackson QC Keating Chambers rjackson@keatingchambers.com Jane Jenkins Freshfields Bruckhaus Deringer LLP jane.jenkins@freshfields.com Douglas Jones AO* Atkin Chambers dougjones@atkinchambers.com Frances Kirkham CBE Atkin Chambers fkirkham@atkinchambers.com Hamish Lal Akin Gump LLP hlal@akingump.com Calum Lamont QC Keating Chambers clamont@keatingchambers.com Richard Laudy Pinsent Masons LLP richard.laudy@pinsentmasons.com Robbie Leckie CMS Cameron McKenna Nabarro Olswang LLP robbie.leckie@cms-cmno.com Christopher Lewis QC Atkin Chambers clewis@atkinchambers.com Humphrey Lloyd QC Atkin Chambers hlloyd@atkinchambers.com Mark Lloyd-Williams Arbitration Chambers mark.lloyd-williams@arbchambers.com Simon Lofthouse QC Atkin Chambers slofthouse@atkinchambers.com John Marrin QC Keating Chambers jmarrin@keatingchambers.com Tony Marshall Hogan Lovells International LLP tony.marshall@hoganlovells.com Robert Maynard DLA Piper bob.maynard@dlapiper.com Lynne McCafferty QC 4 Pump Court lmccafferty@4pumpcourt.com Fionnuala McCredie QC Keating Chambers fmccredie@keatingchambers.com Manus McMullan QC Atkin Chambers mmcmullan@atkinchambers.com Ben Mellors HFW ben.mellors@hfw.com Emily Monastiriotis Simmons & Simmons LLP emily.monastiriotis@simmons-simmons.com Vincent Moran QC Keating Chambers vmoran@keatingchambers.com
44
Neal Morris Pinsent Masons LLP neal.morris@pinsentmasons.com Alexander Nissen QC Keating Chambers anissen@keatingchambers.com David Nitek Herbert Smith Freehills LLP david.nitek@hsf.com Fiona Parkin QC Atkin Chambers fparkin@atkinchambers.com Ben Patten QC 4 New Square b.patten@4newsquare.com Lindy Patterson QC 39 Essex Chambers lindy.patterson@39essex.com Victoria Peckett CMS Cameron McKenna Nabarro Olswang LLP victoria.peckett@cms-cmno.com Ashley Pigott Gowling WLG ashley.pigott@gowlingwlg.com Caroline Pope DLA Piper caroline.pope@dlapiper.com Dan Preston Fieldfisher dan.preston@fieldfisher.com John Redmond Osborne Clarke john.redmond@osborneclarke.com Michael Regan Mayer Brown International LLP mregan@mayerbrown.com Timothy Reid Ashurst LLP tim.reid@ashurst.com Andrew Rigney QC Crown Office Chambers rigney@crownofficechambers.com Mark Roe Pinsent Masons LLP mark.roe@pinsentmasons.com Sally Roe Freshfields Bruckhaus Deringer LLP sally.roe@freshfields.com George Rosenberg Corbett & Co International Construction Lawyers Ltd info@corbett.co.uk Vincent Rowan Reed Smith LLP vrowan@reedsmith.com Marc Rowlands QC Keating Chambers mrowlands@keatingchambers.com Kwadwo Sarkodie Mayer Brown International LLP ksarkodie@mayerbrown.com John Savage QC King & Spalding International LLP jsavage@kslaw.com Emma Schaafsma (Kratochvilova) CMS Cameron McKenna Nabarro Olswang LLP emma.schaafsmakratochvilova@cms-cmno. com Jonathan Selby QC Keating Chambers jselby@keatingchambers.com Michael Sergeant HFW michael.sergeant@hfw.com
whoswholegal.com
Edward Shaw DLA Piper edward.shaw@dlapiper.com Audley Sheppard QC Clifford Chance LLP audley.sheppard@cliffordchance.com Richard Smellie Fenwick Elliott LLP rsmellie@fenwickelliott.com Antony Smith Beale and Company Solicitors LLP a.smith@beale-law.com Piers Stansfield QC Keating Chambers pstansfield@keatingchambers.com Tim Steadman Clifford Chance LLP tim.steadman@cliffordchance.com Jessica Stephens QC 4 Pump Court jstephens@4pumpcourt.com Roger Stewart QC 4 New Square r.stewart@4newsquare.com David Streatfeild-James QC Atkin Chambers clerks@atkinchambers.com Rupert Sydenham Hogan Lovells International LLP rupert.sydenham@hoganlovells.com John Tackaberry QC 39 Essex Chambers john.tackaberry@39essex.com Jonathan Tattersall Addleshaw Goddard LLP j.tattersall@aglaw.com Marcus Taverner QC Keating Chambers mtaverner@keatingchambers.com Russell Thirgood* Arbitra International russell@thirgoodarb.com David Thomas QC Keating Chambers dthomas@keatingchambers.com Simon Tolson Fenwick Elliott LLP stolson@fenwickelliott.com John Uff CBE QC Keating Chambers juff@keatingchambers.com Helen Waddell Pinsent Masons LLP helen.waddell@pinsentmasons.com Steven Walker QC Atkin Chambers sjwalker@atkinchambers.com Douglas Wass Macfarlanes LLP doug.wass@macfarlanes.com Andrew White QC Atkin Chambers awhite@atkinchambers.com Sean Wilken QC Keating Chambers swilken@keatingchambers.com Steven Williams CMS Cameron McKenna Nabarro Olswang LLP steven.williams@cms-cmno.com Richard Wilmot-Smith QC 39 Essex Chambers richard.wilmot-smith@39essex.com Jeremy Winter Independent Arbitrator jeremy.winter@jeremybwinter.com
Directory
Daniel Wood Gowling WLG daniel.wood@gowlingwlg.com John Wright ArbDB Chambers jw@johnwrightadr.com Roger ter Haar QC* Crown Office Chambers terhaar@crownofficechambers.com
Christopher Seppälä White & Case LLP cseppala@whitecase.com Todd Wetmore Three Crowns LLP todd.wetmore@threecrownsllp.com Christophe von Krause White & Case LLP cvonkrause@whitecase.com
Finland
Germany
Kimmo Heikkinen Frontia Attorneys Ltd kimmo.heikkinen@frontia.fi Petra Kiurunen Lindfors & Co Attorneys at Law Ltd petra.kiurunen@lindforsco.com Tuomas Lehtinen Castrén & Snellman Attorneys Ltd tuomas.lehtinen@castren.fi Emma Niemistö Merilampi Attorneys Ltd emma.niemisto@merilampi.com Saara Paronen Borenius Attorneys Ltd saara.paronen@borenius.com Uwe Uusitalo Castrén & Snellman Attorneys Ltd uwe.uusitalo@castren.fi Marko Wainio HPP Attorneys Ltd marko.wainio@hpp.fi
France
Nicolas Bouchardie White & Case LLP nbouchardie@whitecase.com David Brown Clyde & Co LLP david.brown@clydeco.com Michael W Bühler Orrick Herrington & Sutcliffe LLP mbuehler@orrick.com James Castello King & Spalding International LLP jcastello@kslaw.com Marc Frilet Frilet - Société d’Avocats avocats@frilet.com José-Manuel García Represa Dechert LLP jose-manuel.garciarepresa@dechert.com Christophe Lapp ADVANT Altana christophe.lapp@advant-altana.com Carole Malinvaud Gide Loyrette Nouel AARPI malinvaud@gide.com Alexander Marcopoulos* Shearman & Sterling LLP alexander.marcopoulos@shearman.com Andrew de Lotbinière McDougall QC White & Case LLP amcdougall@whitecase.com Charles Nairac White & Case LLP cnairac@whitecase.com James Perry* PS Consulting jperry@ps-consulting.fr Peter Rosher Reed Smith prosher@reedsmith.com
Wendelin Acker AGS Legal w.acker@ags-legal.com Rouven F Bodenheimer* BODENHEIMER rfb@bodenheimer.legal Bastian Fuchs* TOPJUS Rechtsanwälte Kupferschmid & Partner fuchs@topjus.de Ulrike Gantenberg* Gantenberg Dispute Experts u.gantenberg@gantenberg.legal Björn Gehle BODENHEIMER bjg@bodenheimer.legal Marc Oliver Hilgers Leinemann & Partner Rechtsanwälte mbB marc.hilgers@leinemann-partner.de Klaus D Kapellmann Kapellmann und Partner klaus.kapellmann@kapellmann.de Ralf Kemper KNH Rechtsanwalte kemper@kemperberlin.de Ralf Leinemann Leinemann & Partner Rechtsanwälte mbB ralf.leinemann@leinemann-partner.de Claus H Lenz LDR Lenz Dispute Resolution Lenz@Lenz-DisputeResolution.com Burkhard Messerschmidt Redeker Sellner Dahs messerschmidt@redeker.de Stefan Osing* Heuking Kühn Lüer Wojtek s.osing@heuking.de Andreas Otto CMS Hasche Sigle andreas.otto@cms-hs.com Karl Pörnbacher Hogan Lovells International LLP karl.poernbacher@hoganlovells.com Andreas J Roquette CMS Hasche Sigle andreas.roquette@cms-hs.com Rainer Schilling Rechtsanwalt rechtsanwaltschilling@t-online.de Thomas Thierau Redeker Sellner Dahs thierau@redeker.de Jörn Zons Friedrich Graf von Westphalen & Partner joern.zons@fgvw.de
Greece
Eleni Tsakri Ioannis Vassardanis & Partners e.tsakri@ivlawfirm.gr Aphrodite Vassardani Alexander Vassardanis & Partners a.vassardani@avassardanis.com
whoswholegal.com
Ioannis Vassardanis Ioannis Vassardanis & Partners i.vassardanis@ivlawfirm.gr
Hong Kong
Bernard Ang Pinsent Masons bernard.ang@pinsentmasons.com Peter Scott Caldwell Caldwell Ltd psc@pscaldwell.com Geoffrey Y M Chan Mayer Brown geoffrey.chan@mayerbrownjsm.com Kwok Kit Cheung Deacons kwokkit.cheung@deacons.com.hk Peter Clayton SC Parkside Chambers peter.clayton@parksidechambers.com.hk Ian Cocking Cocking & Co ian.cocking@cockingco.com Martin Downey HFW martin.downey@hfw.com Donovan Ferguson King & Wood Mallesons donovan.ferguson@hk.kwm.com Phillip Georgiou Georgiou Payne Stewien LLP phillip.georgiou@gpslegal.asia Glenn Haley Bryan Cave Leighton Paisner HK glenn.haley@bclplaw.com Menachem Hasofer Mayer Brown menachem.hasofer@mayerbrown.com Timothy Hill Hogan Lovells timothy.hill@hoganlovells.com Anthony Houghton SC Des Voeux Chambers ahsc@outlook.com Neil Kaplan CBE QC SBS Arbitration Chambers neil@neil-kaplan.com Gilbert Kwok Cocking & Co gilbert.kwok@cockingco.com Dean Lewis Pinsent Masons dean.lewis@pinsentmasons.com Charles Manzoni QC Temple Chambers charlie.manzoni@39essex.com Philip Nunn Norton Rose Fulbright philip.nunn@nortonrosefulbright.com Ian Pennicott QC SC Des Voeux Chambers ianpennicott@dvc.com.hk John Scott SC Des Voeux Chambers john.scott@dvc.com.hk Damon So Hogan Lovells damon.so@hoganlovells.com Paul Starr King & Wood Mallesons paul.starr@hk.kwm.com Nicholas Turner Pinsent Masons nicholas.turner@pinsentmasons.com
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Directory
Edmund Wan King & Wood Mallesons edmund.wan@hk.kwm.com Alfred Wu Norton Rose Fulbright alfred.wu@nortonrosefulbright.com Steven Yip MinterEllison steven.yip@minterellison.com
India
Sumeet Kachwaha* Kachwaha & Partners skachwaha@kaplegal.com Vikram Nankani Bombay High Court
Ireland
Nael G Bunni Bunni & Associates Ltd bunni@eircom.net Barrett Chapman McCann FitzGerald Barrett.Chapman@mccannfitzgerald.ie Kevin Feeney A&L Goodbody kfeeney@algoodbody.com Eamonn Gill A&L Goodbody egill@algoodbody.ie Anthony Hussey Hussey Fraser ahussey@husseyfraser.com Kevin Kelly McCann FitzGerald kevin.kelly@mccannfitzgerald.ie Damien Keogh Damien Keogh & Associates Solicitors info@damienkeoghassociates.com Karen Killoran Arthur Cox LLP karen.killoran@arthurcox.com Rory Kirrane SC Mason Hayes & Curran LLP rkirrane@mhc.ie Liam McCabe William Fry liam.mccabe@williamfry.com Niav O’Higgins Arthur Cox LLP niav.ohiggins@arthurcox.com Conor Owens A&L Goodbody cowens@algoodbody.com Stephen Proctor McCann FitzGerald stephen.proctor@mccannfitzgerald.com
Israel
Simon Jaffa Barnea Jaffa Lande sjaffa@barlaw.co.il Galia Scherf Shmuel Simon-Vekslar, Spierer, Maoz galia@svsm.co.il Gilad Winkler FISCHER (FBC Co.) gwinkler@fbclawyers.com
Italy
Giuseppe Broccoli Studio Legale Mora & Associati Giuseppe.broccoli@studiolegalemora.it
46
Antonio Crivellaro BonelliErede antonio.crivellaro@beplex.com Marco Padovan Studio Legale Padovan mpadovan@studiopadovan.com Mauro Rubino-Sammartano LawFed BRSA mauro.rubino.brsa@lawfed.com Marco Zinzani Studio Legale Padovan mzinzani@studiopadovan.com
Japan
Simon Barrett Pillsbury Winthrop Shaw Pittman LLP simon.barrett@pillsburylaw.com Craig Shepherd Herbert Smith Freehills GJBJ craig.shepherd@hsf.com
Korea
John P Bang* Peter & Kim johnbang@peterandkim.com Matthew J Christensen* Kim & Chang matthew.christensen@kimchang.com Byung-Woo Im Kim & Chang bwim@kimchang.com Jun Hee Kim Arnold & Porter jh.kim@arnoldporter.com Kevin Kim* Peter & Kim kevinkim@peterandkim.com Mike McClure Herbert Smith Freehills - Foreign Legal Consultant Office mike.mcclure@hsf.com Dong-Seok (Johan) Oh Kim & Chang dsoh@kimchang.com
Lebanon
Nayla Comair-Obeid* Obeid & Partners nayla@obeidpartners.com Ziad Obeid Obeid & Partners ziad@obeidlawfirm.com
Malaysia
Wilfred Abraham Zul Rafique & Partners wilfred_abraham@zulrafique.com.my Dato’ WSW Davidson Azman Davidson & Co bill.davidson@azmandavidson.com.my Rodney Gomez Shearn Delamore & Co rodney@shearndelamore.com Dato’ Nitin Nadkarni Lee Hishammuddin Allen & Gledhill nn@lh-ag.com Rajendra Navaratnam Azman Davidson & Co raj.navaratnam@azmandavidson.com.my Swee Im Tan 39 Essex Chambers SweeIm.Tan@39essex.com
whoswholegal.com
Mexico
Roberto Hernandez-Garcia COMAD SC rhernandez@comad.com.mx
Netherlands
Lyda Bier Dr L Bier BV lbier@xs4all.nl Rob G T Bleeker Rozemond Advocaten rgtbleeker@rozemond.nl Jaap Koster Clifford Chance LLP jaap.koster@cliffordchance.com Arno Moret CMS Derks Star Busmann arno.moret@cms-dsb.com David Orobio de Castro Stibbe david.orobiodecastro@stibbe.com Richard-Jan Roks Kennedy Van der Laan r.j.roks@kvdl.com Sjoerd Rutten HabrakenRutten s.rutten@habrakenrutten.com Remmert Sluijter Pot Jonker Advocaten NV sluijter@potjonker.nl Benno den Teuling Six Advocaten denteuling@sixlegal.nl Jean-Pierre van Eijck Spant Advocaten jvaneijck@spantlegal.com Bas van Schouwenberg Dentons bas.vanschouwenburg@dentons.com Leendert van den Berg Severijn Hulshof l.berg@shadv.nl GW (Bommel) van der Bend* De Brauw Blackstone Westbroek NV bommel.vanderbend@debrauw.com Bert van der Zijpp Rozemond Advocaten bvanderzijpp@rozemond.nl
New Zealand
Sarah Sinclair MinterEllisonRuddWatts sarah.sinclair@minterellison.co.nz John G Walton Bankside Chambers john@johnwalton.co.nz Michael Weatherall Simpson Grierson michael.weatherall@simpsongrierson.com
Norway
Mikal Brøndmo Advokatfirmaet Haavind AS m.brondmo@haavind.no Geir Frøholm SANDS gefr@sands.no
Oman
Jamie Kellick Kennedys jamie.kellick@kennedyslaw.com
Directory
Mansoor Jamal Malik Al Busaidy Mansoor Jamal & Co (Barristers and Legal Consultants) mansoor.malik@amjoman.com Simon Ward Curtis Mallet-Prevost Colt & Mosle LLP sward@curtis.com
Peru Lima
Rodrigo Delgado* Campos Arbitraje e Infraestructura rodrigo.delgado@camposabogados.pe Alexander Campos Campos Abogados en Infraestructura alex.campos@camposabogados.pe Jaime Gray Navarro Sologuren Paredes Gray jgray@npg.pe Enrique Navarro Sologuren* Navarro Sologuren Paredes Gray enavarro@npg.pe Gustavo Paredes* Navarro Sologuren Paredes Gray gparedes@npg.pe María del Carmen Tovar Estudio Echecopar, member firm of Baker & McKenzie International mariadelcarmen.tovar@bakermckenzie.com
Poland
Daniel Kopania Clifford Chance Warsaw daniel.kopania@cliffordchance.com
Qatar
Sultan M Al-Abdulla Sultan Al-Abdulla & Partners alabdulla@qatarlaw.com Paul Bradley Quinn Emanuel paul.bradley@quinnemanuel.com Claudia El Hage* Al Marri & El Hage Law Offices c.elhage@marri-hage.com Andrew Jones Dentons andrew.jones@dentons.com Matthew Walker K&L Gates LLP matthew.walker@klgates.com Laura Warren Clyde & Co LLP laura.warren@clydeco.com
Romania
Crenguta Leaua* Leaua Damcali Deaconu Paunescu – LDDP cleaua@lddp.ro Oana Soimulescu Soimulescu & Partners Construction Lawyers oana.soimulescu@oflaw.eu Mihai Voicu ONV LAW mihaivoicu@onvlaw.ro
Saudi Arabia
Ben Cowling Clyde & Co Lawyers & Legal Consultants ben.cowling@clydeco.com
Scotland
David Anderson Shepherd and Wedderburn LLP david.anderson@shepwedd.com David Arnott Brodies LLP david.arnott@brodies.com Mike Barlow MacRoberts LLP mike.barlow@macroberts.com Garry Borland QC Axiom Advocates garry.borland@axiomadvocates.com Jonathan Broome Axiom Advocates jonathan.broome@axiomadvocates.com Ian Drummond Shepherd and Wedderburn LLP iain.drummond@shepwedd.com Louise Forster Pinsent Masons LLP louise.forster@pinsentmasons.com Shona Frame CMS Cameron McKenna Nabarro Olswang LLP shona.frame@cms-cmno.com Colin Fraser Pinsent Masons LLP colin.fraser@pinsentmasons.com Scott Johnston Pinsent Masons LLP scott.johnston@pinsentmasons.com Neil Kelly MacRoberts LLP neil.kelly@macroberts.com Mark Kirke CMS Cameron McKenna Nabarro Olswang LLP mark.kirke@cms-cmno.com Mark Macaulay Dentons mark.macaulay@dentons.com Fenella Mason Burness Paull LLP fenella.mason@burnesspaull.com Alistair McLean Brodies LLP alistair.mclean@brodies.com Kirsti Olson Dentons kirsti.olson@dentons.com Manus Quigg Brodies LLP manus.quigg@brodies.com Louise Shiels Brodies LLP louise.shiels@brodies.com Kenny Valentine Pinsent Masons LLP kenny.valentine@pinsentmasons.com Christine Worthington CMS Cameron McKenna LLP christine.worthington@cms-cmno.com
Singapore
David Bateson 39 Essex Chambers david.bateson@39essex.com Raymond Chan Chan Neo LLP rchan@channeo.sg Christopher Chong
whoswholegal.com
Drew & Napier LLC christopher.chong@drewnapier.com Christopher Chuah WongPartnership LLP christopher.chuah@wongpartnership.com Frédéric Gillion Pinsent Masons MPillay LLP frederic.gillion@pinsentmasons.com Alastair Henderson Herbert Smith Freehills LLP alastair.henderson@hsf.com Chien Mien Ho Allen & Gledhill LLP ho.chienmien@allenandgledhill.com Emerson Holmes King & Spalding (Singapore) LLP eholmes@kslaw.com Jon Howes Clyde & Co Clasis Singapore Pte Ltd jon.howes@clydeco.com Michael Hwang SC Michael Hwang Chambers LLC michael@mhwang.com Latiff Ibrahim Ramdas & Wong latiffibrahim@ramdwong.com.sg Christopher Lau SC Christopher Lau clau@3vb-arbitrators.com.sg Chau Ee Lee Addleshaw Goddard LLP CE.Lee@aglaw.com Edwin Lee Eldan Law LLP edwinlee@eldanlaw.com Naresh Mahtani* ADELPHI LAW CHAMBERS LLC naresh@adelphi-law.com Kim Beng Ng Rajah & Tann Singapore LLP kim.beng.ng@rajahtann.com Rob Palmer* Ashurst LLP rob.palmer@ashurst.com Mohan Pillay Pinsent Masons MPillay LLP mohan.pillay@pinsentmasons.com Paul Sandosham Clifford Chance paul.sandosham@cliffordchance.com Matthew Secomb White & Case Pte Ltd msecomb@whitecase.com Lip San Soh Rajah & Tann Singapore LLP lip.san.soh@rajahtann.com Eugene Tan Clyde & Co Clasis Singapore Pte Ltd eugene.tan@clydeco.com Chee Meng Tan SC WongPartnership LLP cheemeng.tan@wongpartnership.com Peng Cheng Tay WongPartnership LLP pengcheng.tay@wongpartnership.com Lawrence Teh Dentons Rodyk & Davidson LLP lawrence.teh@dentons.com Elaine Wong Herbert Smith Freehills LLP elaine.wong@hsf.com Alvin Yeo SC WongPartnership LLP alvin.yeo@wongpartnership.com
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Directory
South Africa
Junaid Banoobhai Pinsent Masons junaid.banoobhai@pinsentmasons.com Nikita Lalla LNP Attorneys Inc. nikita.lalla@lnpinc.co.za Rob Morson Pinsent Masons rob.morson@pinsentmasons.com Alessandra Pardini Webber Wentzel alessandra.pardini@webberwentzel.com Gerhard Rudolph Allen & Overy (South Africa) LLP gerhard.rudolph@allenovery.com Clive Rumsey Lawtons Africa clive.rumsey@lawtonsafrica.com Deirdré Simaan Pinsent Masons deirdre.simaan@pinsentmasons.com
Spain
Mercedes Fernández Jones Day mfernandez@jonesday.com Alberto Fortún Cuatrecasas alberto.fortun@cuatrecasas.com Alfonso Iglesia Cuatrecasas alfonso.iglesia@cuatrecasas.com Pablo Laorden Lambal Abogados madrid@lambal.es Álvaro López de Argumedo Uría Menéndez ala@uria.com Silvia Martínez Sastre Hogan Lovells International LLP silvia.martinez@hoganlovells.com
Sweden
Fredrik Forssman Advokatfirman Cederquist KB fredrik.forssman@cederquist.se Jan Kansmark Mannheimer Swartling Advokatbyrå jka@msa.se Bo Linander Advokatbyrån Hellgren Linander bl@advokathl.se Kristoffer Löf Mannheimer Swartling kristoffer.lof@msa.se Anders Reldén White & Case Advokat AB anders.relden@whitecase.com Rikard Wikström-Hermansen* Roschier Advokatbyrå rikard.wikstrom@roschier.com Mattias Wittgren Kilpatrick Townsend & Stockton Advokat KB mwittgren@kilpatricktownsend.com Tore Wiwen-Nilsson Advokat Tore Wiwen-Nilsson AB twn@indarb.se
Switzerland Geneva
Dominique Brown-Berset Brown&Page dbrown-berset@brownandpage.com
48
Bernd Ehle LALIVE behle@lalive.law Elliott Geisinger* Schellenberg Wittmer elliott.geisinger@swlegal.ch Yves Jeanrenaud* Schellenberg Wittmer yves.jeanrenaud@swlegal.ch Joachim Knoll LALIVE jknoll@lalive.law Wolfgang Peter* Peter & Kim wpeter@peterandkim.com Matthias Scherer LALIVE mscherer@lalive.law Michael E Schneider LALIVE meschneider@lalive.law
Zurich
Christopher Boog* Schellenberg Wittmer christopher.boog@swlegal.ch Roland Hürlimann Baur Hürlimann AG roland.huerlimann@bhlaw.ch B Gino Koenig Lustenberger Rechtsanwälte KLG koenig@lustenberger.pro Samuel Moss LALIVE smoss@lalive.law Thomas Siegenthaler Scherler + Siegenthaler Rechtsanwälte AG siegenthaler@advo-net.ch Nathalie Voser rothorn legal Ltd. nathalie.voser@rothorn.legal
Taiwan
Helena HC Chen Chen & Chang, Attorneys-at-Law Helena.chen@triadr.com
Turkey
Ziya Akinci Akinci Law Office ziya@akincilaw.com Serkan Catalpinar Kurucu Law Offices scatalpinar@kurucuhukuk.com Yasemin Cetinel* Cetinel Law Firm yasemin.cetinel@ycetinel.av.tr Noyan Göksu Göksu Attorneys at Law noyan.goksu@goksulaw.com
Ukraine
Timur Bondaryev Arzinger timur.bondaryev@arzinger.ua Alexander Borodkin Vasil Kisil & Partners borodkin@vkp.ua Natalia A Dotsenko-Belous Transactional Law Boutique dbnataly1@gmail.com Natalia Kochergina Kinstellar Ukraine LLC natalia.kochergina@kinstellar.com
whoswholegal.com
Roman Kostenko Asters roman.kostenko@asterslaw.com Lina Nemchenko Baker McKenzie – CIS Limited lina.nemchenko@bakermckenzie.com Serhiy Piontkovsky Baker McKenzie – CIS Limited Serhiy.Piontkovsky@bakermckenzie.com
United Arab Emirates
Alex Bevan* Shearman & Sterling LLP abevan@shearman.com Mark Blanksby Clyde & Co LLP mark.blanksby@clydeco.ae Tim M Burbury King & Spalding LLP tburbury@kslaw.com Stephen Burke Addleshaw Goddard LLP s.burke@aglaw.com Nick Carnell Taylor Wessing (Middle East) LLP n.carnell@taylorwessing.com Adrian Cole* Independent Arbitrator adrian.arbitration@gmail.com Richard Davies Bryan Cave Leighton Paisner LLP richard.davies@bclplaw.com Mark Fraser Taylor Wessing (Middle East) LLP m.fraser@taylorwessing.com Michael Grose Clyde & Co LLP michael.grose@clydeco.ae Andrew Hibbert Pinsent Masons LLP andrew.hibbert@pinsentmasons.com Scott Hutton EKP Legal scott.hutton@ekplegal.com Nabeel Ikram Hogan Lovells (Middle East) LLP nabeel.ikram@hoganlovells.com Sachin Kerur Reed Smith LLP skerur@reedsmith.com Nicholas Kramer Norton Rose Fulbright (Middle East) LLP nicholas.kramer@nortonrosefulbright.com Andrew Mackenzie Baker McKenzie Habib Al Mulla andrew.mackenzie@bakermckenzie.com Beau McLaren Clyde & Co LLP beau.mclaren@clydeco.com Claire Miller Beale & Company (Middle East) c.miller@beale-law.com Erin Miller Rankin Freshfields Bruckhaus Deringer LLP erin.millerrankin@freshfields.com Michelle Nelson Reed Smith LLP mnelson@reedsmith.com Suzannah Newboult DLA Piper Middle East LLP suzannah.newboult@dlapiper.com Philip Norman Clyde & Co Philip.Norman@clydeco.com
Directory
Dean O’Leary* Galadari Advocates & Legal Consultants dean.oleary@galadarilaw.com Mark Raymont Pinsent Masons LLP mark.raymont@pinsentmasons.com David Risbridger Simmons & Simmons david.risbridger@simmons-simmons.com Kim Rosenberg Freshfields Bruckhaus Deringer LLP kim.rosenberg@freshfields.com Jed Savager Pinsent Masons LLP jed.savager@pinsentmasons.com Paul Stothard Norton Rose Fulbright (Middle East) LLP paul.stothard@nortonrosefulbright.com Jonathan Sutcliffe K&L Gates LLP jonathan.sutcliffe@klgates.com Paul Taylor Eversheds Sutherland pauldtaylor@eversheds-sutherland.com Michael Turrini White & Case LLP mturrini@whitecase.com Thomas Philip Wilson Squire Patton Boggs (MEA) LLP thomas.wilson@squirepb.com Alastair Young Dentons alastair.young@dentons.com
USA
Alabama
Jim Archibald Bradley Arant Boult Cummings LLP jarchibald@bradley.com Axel Bolvig III Bradley Arant Boult Cummings LLP abolvig@bradley.com A H Nick Gaede Jr Bainbridge Mims Rogers & Smith LLP ngaede@bainbridgemims.com Arlan D Lewis* Blueprint Construction Counsel LLP alewis@blueprintlaw.com Edward Meyerson Baker Donelson Bearman Caldwell & Berkowitz PC emeyerson@bakerdonelson.com W Alexander Moseley Hand Arendall alec.moseley@gmail.com David Pugh Bradley Arant Boult Cummings LLP dpugh@babc.com E Mabry Rogers Bradley Arant Boult Cummings LLP mrogers@bradley.com
California
Howard Ashcraft Jr Hanson Bridgett LLP hashcraft@hansonbridgett.com Deborah S Ballati JAMS jmccool@jamsadr.com David Buoncristiani Hanson Bridgett LLP dbuoncristiani@hansonbridgett.com Robert G Campbell Cox Castle & Nicholson LLP rcampbell@coxcastle.com
Eileen M Diepenbrock Diepenbrock Elkin ediepenbrock@diepenbrock.com P. Randolph Finch Jr Finch, Thornton & Baird, LLP pfinch@mftb.com John Foust Ralls Gruber & Niece LLP Jfoust@rallsgruber.com Barbara R Gadbois Gibbs Giden Locher Turner Senet & Wittbrodt LLP bgadbois@gibbsgiden.com Kenneth C Gibbs JAMS kgibbs@jamsadr.com Ted R. Gropman Troutman Pepper LLP gropmant@pepperlaw.com Aaron Gruber Ralls Gruber & Niece LLP agruber@rallsgruber.com Marion T Hack Troutman Pepper LLP hackm@pepperlaw.com John D Hanover Alston & Bird LLP john.hanover@alston.com Alan E Harris Farella Braun + Martel LLP aharris@fbm.com John R Heisse Pillsbury Winthrop Shaw Pittman LLP john.heisse@pillsburylaw.com Marilyn Klinger SMTD Law LLP mklinger@smtdlaw.com Bennett J Lee Varela, Lee, Metz & Guarino, LLP blee@vlmglaw.com Daniel D McMillan* Jones Day ddmcmillan@jonesday.com Joseph F Moore Hanson Bridgett LLP jmoore@hansonbridgett.com Robert C Niesley Watt Tieder Hoffar & Fitzgerald LLP rniesley@wthf.com Stephen V O’Neal King & Spalding LLP soneal@kslaw.com Timothy L Pierce K&L Gates LLP timothy.pierce@klgates.com John Ralls Ralls Gruber & Niece LLP jralls@rallsgruber.com Timothy E Salter Procopio Cory Hargreaves & Savitch LLP tim.salter@procopio.com Aaron P Silberman Rogers Joseph O’Donnell asilberman@rjo.com Charles M Sink Farella Braun + Martel LLP csink@fbm.com Clark T Thiel Pillsbury Winthrop Shaw Pittman LLP clark.thiel@pillsburylaw.com Robert B Thum Pillsbury Winthrop Shaw Pittman LLP robert.thum@pillsburylaw.com
whoswholegal.com
Timothy M Truax Law Offices of Timothy M Truax PC tim@truaxlaw.com Glenn E Turner III Gibbs Giden Locher Turner Senet & Wittbrodt LLP gturner@gibbsgiden.com Richard J Wittbrodt Gibbs Giden Locher Turner Senet & Wittbrodt LLP rwittbrodt@gibbsgiden.com H James Wulfsberg Burke Williams & Sorensen LLP jwulfsberg@bwslaw.com
Colorado
Roy Bash Polsinelli PC rbash@polsinelli.com Stephen A Hess Sherman & Howard LLC shess@shermanhoward.com Joel Heusinger Woods Aitken LLP jheusinger@woodsaitken.com L Tyrone Holt The Holt Group LLC ty.holt@holtllc.com Kerry L Kester Woods Aitken LLP kkester@woodsaitken.com
Connecticut
Louis R Pepe McElroy Deutsch Mulvaney & Carpenter LLP lpepe@mdmc-law.com
District of Columbia
Charles M Asmar Asmar Schor & McKenna PLLC casmar@asm-law.com Adrian L Bastianelli III Peckar & Abramson PC abastianelli@pecklaw.com Michael A Branca Peckar & Abramson PC mbranca@pecklaw.com John M Cook Fox Rothschild LLP jcook@foxrothschild.com David Dekker Pillsbury Winthrop Shaw Pittman LLP david.dekker@pillsburylaw.com Jeffrey R Gans Pillsbury Winthrop Shaw Pittman LLP jeffrey.gans@pillsburylaw.com Bennett D Greenberg Seyfarth Shaw LLP bgreenberg@seyfarth.com John W Hinchey JAMS International jhinchey@jamsadr.com Stephen Hurlbut Akerman LLP steve.hurlbut@akerman.com Michael Evan Jaffe Pillsbury Winthrop Shaw Pittman LLP michael.jaffe@pillsburylaw.com Joseph A McManus Jr Carlton Fields jmcmanus@carltonfields.com Andrew D Ness JAMS International adness@jamsadr.com
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Directory
Douglas Patin Bradley Arant Boult Cummings LLP dpatin@babc.com Laurence Schor Asmar Schor & McKenna PLLC lschor@asm-law.com Stephen M Seeger Cozen O’Connor sseeger@cozen.com Stephen Shapiro Holland & Knight LLP stephen.shapiro@hklaw.com Robert J Symon Bradley Arant Boult Cummings LLP rsymon@bradley.com Daniel E Toomey McManus & Felsen LLP dtoomey@mcmanus-felsen.com Barbara Werther Troutman Sanders LLP barbara.werther@troutman.com Joseph D West Gibson, Dunn & Crutcher LLP jwest@gibsondunn.com
Florida
Bruce G Alexander Ciklin Lubitz balexander@ciklinlubitz.com Kimberly A Ashby Foley & Lardner LLP kashby@foley.com Alan C (Peter) Brandt Jr Ferencik Libanoff Brandt Bustamante & Goldstein, P.A. pbrandt@flbbwlaw.com Jerry P Brodsky Peckar & Abramson PC jbrodsky@pecklaw.com Michael R Carey Carey, O’Malley, Whitaker, Mueller, Roberts & Smith mcarey@careyomalley.com Trent H Cotney Cotney Construction Law LLP tcotney@cotneycl.com Robert E Ferencik Jr Ferencik Libanoff Brandt Bustamante & Goldstein, P.A. rferencik@flblawyers.com John S Freud Mediation Solutions Inc jfreud@msolinc.net Melinda S Gentile Peckar & Abramson PC mgentile@pecklaw.com Daniel E González Hogan Lovells US LLP daniel.gonzalez@hoganlovells.com Michael Hornreich Weinberg Wheeler Hudgins Gunn & Dial mhornreich@wwhgd.com Timothy A Hunt Hill Ward & Henderson PA thunt@hwhlaw.com Steven Lesser Becker & Poliakoff PA slesser@beckerlawyers.com Ira Libanoff Ferencik Libanoff Brandt Bustamante & Goldstein, P.A. ilibanoff@flblawyers.com George J Meyer Carlton Fields gmeyer@carltonfields.com
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John Harrison Rains III John H Rains III PA jrains@johnrains.com Stephen H Reisman Peckar & Abramson PC sreisman@pecklaw.com Steven M Siegfried Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA ssiegfried@siegfriedlaw.com Stuart Sobel Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA ssobel@srhl-law.com R Miles Stanislaw Law Offices of R Miles Stanislaw milesstanislaw@msn.com Gary M Stein Peckar & Abramson PC gstein@pecklaw.com Ben Subin Holland & Knight LLP ben.subin@hklaw.com Patricia Thompson JAMS Miami Resolution Center pthompson@jamsadr.com John S Vento Trenam Law jvento@trenam.com W Robert Vezina III Vezina Lawrence & Piscitelli PA rvezina@vlplaw.com Wm. Cary Wright Carlton Fields cwright@carltonfields.com
Georgia
Thomas E Abernathy IV Smith Currie & Hancock LLP teabernathy@smithcurrie.com Philip E Beck Smith Currie & Hancock LLP pebeck@smithcurrie.com Hubert J Bell Jr Smith Currie & Hancock LLP hjbell@smithcurrie.com James F Butler III Smith Currie & Hancock LLP jfbutler@smithcurrie.com Danielle Cole* Blueprint Construction Counsel LLP dcole@blueprintlaw.com Brian G Corgan Kilpatrick Townsend & Stockton LLP bcorgan@kilpatricktownsend.com Lee C Davis Eversheds Sutherland lee.davis@sutherland.com David A Dial Weinberg Wheeler Hudgins Gunn & Dial LLC ddial@wwhgd.com William E Dorris Kilpatrick Townsend & Stockton LLP bdorris@kilpatricktownsend.com Jennifer W Fletcher Eversheds Sutherland jenny.fletcher@sutherland.com Randall F Hafer Kilpatrick Townsend & Stockton LLP rhafer@kilpatricktownsend.com Thomas J Kelleher Jr Smith Currie & Hancock LLP tjkelleher@smithcurrie.com
whoswholegal.com
R Lee Mann III Kilpatrick Townsend & Stockton LLP lmann@kilpatricktownsend.com H Fielder Martin Baker Donelson Bearman Caldwell & Berkowitz PC fmartin@bakerdonelson.com Angus N McFadden* Blueprint Construction Counsel LLP amcfadden@blueprintlaw.com Eric Nelson Smith Currie & Hancock LLP elnelson@smithcurrie.com A Elizabeth “Lizz” Patrick Patrick Law Group LLC lpatrick@patricklawgroup.com Stephen M. Phillips Hendrick Phillips Salzman & Siegel, PC smp@hpsslaw.com William R Poplin Jr Kilpatrick Townsend & Stockton LLP Rpoplin@kilpatricktownsend.com Keith L Richardson Kilpatrick Townsend & Stockton LLP krichardson@kilpatricktownsend.com Martin R Salzman Hendrick Phillips Salzman & Siegel, PC mrs@hpsslaw.com J Ben Shapiro Baker Donelson Bearman Caldwell & Berkowitz PC bshapiro@bakerdonelson.com George Anthony Smith Weinberg Wheeler Hudgins Gunn & Dial LLC tsmith@wwhgd.com John I Spangler III Alston & Bird LLP john.spangler@alston.com Neal J Sweeney Jones Walker LLP nsweeney@joneswalker.com Chad V Theriot Jones Walker LLP ctheriot@joneswalker.com George Wenick Smith Currie & Hancock LLP gdwenick@smithcurrie.com
Hawaii
Kenneth R Kupchak Damon Key Leong Kupchak Hastert krk@hawaiilawyer.com
Illinois
Ross Altman Clark Hill PLC raltman@clarkhill.com Daniel S Brennan Laurie & Brennan LLP dbrennan@lauriebrennan.com Alexandra R Cole Perkins Coie LLP acole@perkinscoie.com Timothy R Conway Conway & Mrowiec trc@cmcontractors.com Mark C Friedlander Venable LLP mcfriedlander@Venable.com Gregory Hummel Bryan Cave Leighton Paisner LLP gregory.hummel@bclplaw.com Ty D Laurie Laurie & Brennan LLP tlaurie@lauriebrennan.com
Directory
Charles B Lewis Duane Morris LLP cblewis@duanemorris.com John S Mrowiec Conway & Mrowiec jsm@cmcontractors.com Jennifer A Nielsen Lyman & Nielsen LLC jnielsen@lymannielsen.com Carl L Popovsky Stein Ray LLP cpopovsky@steinraylaw.com Stephen E Ray Stein Ray LLP sray@steinraylaw.com Joel J Rhiner Stein Ray LLP jrhiner@steinraylaw.com Kenneth M Roberts Venable LLP KMRoberts@Venable.com Bruce Schoumacher Querrey & Harrow Ltd bschoumacher@querrey.com Clifford J. Shapiro SHAPIRO DISPUTE RESOLUTION LLC clifford@shapiroadr.com Eric L Singer Ice Miller LLP eric.singer@icemiller.com Lorence H Slutzky Robbins Schwartz Nicholas Lifton & Taylor Ltd lslutzky@rsnlt.com Steven G M Stein Stein Ray LLP sstein@steinraylaw.com
Indiana
Terrence L Brookie Frost Brown Todd LLC tbrookie@fbtlaw.com
Iowa
Roger W Stone Simmons Perrine PLC rstone@simmonsperrine.com
Kentucky
David Ratterman Stites & Harbison PLLC dratterman@stites.com
Louisiana
Terrence L Brennan Deutsch Kerrigan LLP tbrennan@deutschkerrigan.com Charles F Seemann Jr Deutsch Kerrigan LLP cseemann@dkslaw.com Danny G Shaw ShawADR dshaw@shawadr.com H Bruce Shreves Simon Peragine Smith & Redfearn bruces@spsr-law.com Richard Tyler Jones Walker LLP rtyler@joneswalker.com
Maine
Jotham D Pierce Pierce Atwood LLP jpierce@pierceatwood.com
Maryland
Howard Goldberg Goldberg & Banks, P.C. hgoldberg@gbpclawfirm.com Joseph C Kovars Baker Donelson Bearman Caldwell & Berkowitz PC jkovars@bakerdonelson.com Anthony L Meagher DLA Piper LLP (US) anthony.meagher@dlapiper.com John Anthony Wolf Baker Donelson Bearman Caldwell & Berkowitz PC jwolf@bakerdonelson.com
Massachusetts
Deborah S Griffin Holland & Knight LLP deborah.griffin@hklaw.com William M Hill Mintz Levin Cohn Ferris Glovsky and Popeo PC whill@mintz.com Joel Lewin Hinckley Allen Snyder LLP jlewin@hinckleyallen.com Christopher L Noble Noble & Wickersham LLP cn@noblewickersham.com Wendy Kennedy Venoit Hinckley Allen Snyder LLP wvenoit@hinckleyallen.com
Minnesota
Gregory M Bistram Briggs & Morgan PA gbistram@briggs.com Philip L Bruner JAMS International pbruner@jamsadr.com Marvin T Fabyanske Fabyanske Westra Hart & Thomson PA mfabyanske@fwhtlaw.com Peter C Halls Faegre Drinker Biddle & Reath LLP peter.halls@faegrebd.com David D Hammargren Larkin Hoffman Daly & Lindgren Ltd dhammargren@larkinhoffman.com Kyle E Hart Fabyanske Westra Hart & Thomson PA khart@fwhtlaw.com Mark J Heley Heley Duncan & Melander PLLP mheley@heleyduncan.com Patrick J O’Connor Jr Faegre Drinker Biddle & Reath LLP patrick.oconnor@faegrebd.com Gregory T Spalj Fabyanske Westra Hart & Thomson PA gspalj@fwhtlaw.com Dean B Thomson Fabyanske Westra Hart & Thomson PA dthomson@fwhtlaw.com
Mississippi
David Mockbee Mockbee Hall & Drake PA dmockbee@mhdlaw.com William R Purdy Bradley Arant Boult Cummings LLP bpurdy@bradley.com
whoswholegal.com
Missouri
G Edgar James James Sobba LLC ejames@jamessobba.com
Nebraska
Edward Tricker Woods Aitken LLP etricker@woodsaitken.com
New Jersey
Andrew Carlowicz Hoagland, Longo, Moran, Dunst & Dukas LLP acarlowicz@hoaglandlongo.com Steve Cohen Tesser & Cohen scohen@tessercohen.com Dennis J Drasco Lum Drasco & Positan LLC ddrasco@lumlaw.com Dennis A Estis Greenbaum, Rowe, Smith & Davis LLP destis@greenbaumlaw.com Mark L Fleder Connell Foley LLP mfleder@connellfoley.com Patrick J Greene Jr Peckar & Abramson PC pgreene@pecklaw.com Robert Hedinger Hedinger & Lawless LLC rhedinger@hedlaw.com Charles Kenny Peckar & Abramson PC ckenny@pecklaw.com James H Landgraf Dilworth Paxson LLP jlandgraf@dilworthlaw.com Robert T Lawless Hedinger & Lawless LLC rlawless@hedlaw.com Robert J MacPherson Cokinos|Young rmacpherson@cokinoslaw.com Suzanne M. McSorley Stevens & Lee PC smcs@stevenslee.com Bruce D Meller Peckar & Abramson PC bmeller@pecklaw.com Steven Nudelman Greenbaum, Rowe, Smith & Davis LLP snudelman@greenbaumlaw.com Lawrence P Powers Hoagland, Longo, Moran, Dunst & Dukas LLP lpowers@hoaglandlongo.com Paul A Sandars III Lum Drasco & Positan LLC psandars@lumlaw.com Michael S Simon Flaster/Greenberg PC michael.simon@flastergreenberg.com Peter J Smith Connell Foley LLP psmith@connellfoley.com Lee M Tesser Tesser & Cohen ltesser@tessercohen.com Peter J Torcicollo Gibbons PC torcicollo@gibbonslaw.com Michael Zicherman Peckar & Abramson PC mzicherman@pecklaw.com
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Directory
New Mexico
Sean R Calvert Calvert Menicucci PC scalvert@hardhatlaw.net Michael F Menicucci Calvert Menicucci PC mmenicucci@hardhatlaw.net
New York
James Barriere Hinckley Allen Snyder LLP jbarriere@hinckleyallen.com Sarah Biser Fox Rothschild LLP sbiser@foxrothschild.com Gerard Brady Welby Brady & Greenblatt LLP gbrady@wbgllp.com Mark Canizio Duane Morris LLP macanizio@duanemorris.com Frank T Cara Troutman Pepper LLP frank.cara@troutman.com Steven M Charney Peckar & Abramson PC scharney@pecklaw.com Michael K De Chiara Zetlin & De Chiara LLP mkd@zdlaw.com Neal M Eiseman Eiseman ADR LLC neal@eisemanadr.com Susanna S Fodor Scarola Zubatov Schaffzin PLLC ssfodor@smzllp.com Peter Goetz Goetz Fitzpatrick LLP pgoetz@goetzfitz.com Katherine Hope Gurun JAMS kgurun@jamsadr.com David Kiefer McDermott Will & Emery dkiefer@mwe.com Sayward Mazur Schiff Hardin LLP smazur@schiffhardin.com Paul Monte Peckar & Abramson PC pmonte@pecklaw.com David E Montgomery David E Montgomery dem@davidmontgomeryadr.com Jaimee Nardiello Zetlin & De Chiara LLP jnardiello@zdlaw.com Carol J Patterson Zetlin & De Chiara LLP cpatterson@zdlaw.com Robert S Peckar Peckar & Abramson PC rpeckar@pecklaw.com Howard M Rosen Peckar & Abramson PC hrosen@pecklaw.com Allen J Ross Duane Morris LLP ajross@duanemorris.com Gary L Rubin Schiff Hardin LLP grubin@schiffhardin.com
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Robert A Rubin Construction Disputes Avoidance & Resolution bobrubin@constructiondisputes1.com Ira M Schulman Sheppard Mullin Richter & Hampton LLP ischulman@sheppardmullin.com Eric Schwartz* Schwartz Arbitration eschwartz@schwartzarbitration.com Meg Utterback King & Wood Mallesons meg.utterback@us.kwm.com Thomas H Welby Welby Brady & Greenblatt LLP twelby@wbgllp.com Michael Zetlin Zetlin & De Chiara LLP mzetlin@zdlaw.com
North Carolina
Richard D Conner Conner Gwyn Schenck PLLC rconner@cgspllc.com Harper Heckman Nexsen Pruet PLLC hheckman@nexsenpruet.com James Schenck Conner Gwyn Schenck jschenck@cgspllc.com David Senter Nexsen Pruet PLLC dsenter@nexsenpruet.com
Ohio
Jeffrey Appelbaum Thompson Hine LLP jeff.appelbaum@thompsonhine.com Don Gregory Kegler Brown Hill & Ritter Co LPA dgregory@keglerbrown.com D. Scott Gurney Frost Brown Todd LLC sgurney@fbtlaw.com Barry Miller Benesch Friedlander Coplan & Aronoff LLP bmiller@beneschlaw.com Andrew J Natale Hahn Loeser & Parks LLP anatale@hahnlaw.com John Petro Williams & Petro Co LLC jpetro@wplaw.org Jack Rosati Bricker & Eckler LLP jrosati@bricker.com Thomas L Rosenberg Roetzel & Andress trosenberg@ralaw.com Douglas L Shevelow Bricker & Eckler LLP dshevelow@bricker.com Peter Welin McDonald Hopkins LLC pwelin@mcdonaldhopkins.com
Oregon
Richard Alexander Stoel Rives LLP dick.alexander@stoel.com
Pennsylvania
Lynn Axelroth Ballard Spahr LLP axelroth@ballardspahr.com
whoswholegal.com
Albert Bates Jr Troutman Pepper LLP albert.bates@troutman.com John Dingess Dingess Foster Luciana Davidson & Chleboski LLP jdingess@dfllegal.com Bruce Ficken Cozen O’Connor bficken@cozen.com Joyce Hackenbrach Hackenbrach Law LLC jkh@hackenbrachlaw.com Edward Seglias Cohen Seglias Pallas Greenhall & Furman PC eseglias@cohenseglias.com Michael P Subak Troutman Pepper Hamilton Sanders LLP michael.subak@troutman.com Howard Venzie Jr Venzie Phillips & Warshawer hvenzie@venzie.com
Rhode Island
John Bulman Pierce Atwood LLP jbulman@pierceatwood.com Christopher C Whitney Pierce Atwood LLP cwhitney@pierceatwood.com
South Carolina
C Allen Gibson Jr Womble Bond Dickinson allen.gibson@wbd-us.com Lawrence Melton Nexsen Pruet PLLC sailormelton@gmail.com
Texas
William K Andrews Andrews Myers PC wandrews@andrewsmyers.com George C Baldwin Peckar & Abramson gbaldwin@pecklaw.com Thomas R Barber Coats Rose Yale Ryman & Lee PC trbarber@coatsrose.com Robert C Bass Winstead PC rbass@winstead.com Joseph Canterbury Jr Canterbury, P.C. jcanterbury@canterburylaw.com Gregory M Cokinos Cokinos|Young gcokinos@cokinoslaw.com Ian Faria Bradley Arant Boult Cummings LLP ifaria@bradley.com Richard Flake Richard P Flake PLLC rflake@flakeadr.com Jeffrey A Ford Peckar & Abramson jford@pecklaw.com W Kyle Gooch Canterbury, P.C. kgooch@canterburylaw.com Scott A Greer King & Spalding LLP sgreer@kslaw.com
Directory
Craig J Ledet King & Spalding LLP cledet@kslaw.com Bruce W Merwin Thompson & Knight LLP bruce.merwin@tklaw.com David D Peden Porter Hedges LLP dpeden@porterhedges.com Allison J Snyder Porter Hedges LLP asnyder@porterhedges.com Mike Stenglein King & Spalding LLP mstenglein@kslaw.com William B “Ben” Westcott Andrews Myers PC bwestcott@andrewsmyers.com Fred D Wilshusen Thomas, Feldman & Wilshusen, L.L.P. fwilshusen@tfandw.com
Virginia
Lewis J Baker Watt Tieder Hoffar & Fitzgerald LLP lbaker@watttieder.com Shannon J Briglia BrigliaMcLaughlin PLLC sbriglia@briglialaw.com Christopher Burke Varela, Lee, Metz & Guarino LLP cburke@vlmglaw.com Robert K Cox Williams Mullen PC bcox@williamsmullen.com Shelly L Ewald Watt Tieder Hoffar & Fitzgerald LLP sewald@watttieder.com
Robert M Fitzgerald Watt Tieder Hoffar & Fitzgerald LLP rfitzger@wthf.com William E Franczek Vandeventer Black LLP bfranczek@vanblacklaw.com Donald G Gavin Gavin ADR LLC donald.gavin@gavin-adr.com Joseph Guarino Varela, Lee, Metz & Guarino LLP jguarino@vlmglaw.com Vivian Katsantonis Watt Tieder Hoffar & Fitzgerald LLP vkatsant@watttieder.com David G Lane Lane Law Services dglane@laneadrservices.com Charlie C H Lee Moore & Lee LLP c.lee@mooreandlee.com Lauren McLaughlin Smith Currie & Hancock LLP lpmclaughlin@smithcurrie.com Val McWhorter Smith Pachter McWhorter PLC vmcwhorter@smithpachter.com Robert M Moore Moore & Lee LLP r.moore@mooreandlee.com Terence Murphy Kaufman & Canoles tmurphy@kaufcan.com Carter B Reid Watt Tieder Hoffar & Fitzgerald LLP creid@wthf.com
whoswholegal.com
Richard F Smith Smith Pachter McWhorter PLC rsmith@smithpachter.com Paul Varela Varela, Lee, Metz & Guarino LLP pvarela@vlmglaw.com
Washington
Thomas R Krider Oles Morrison Rinker & Baker LLP krider@oles.com James Nagle Oles Morrison Rinker & Baker LLP nagle@oles.com Douglas Oles Oles Morrison Rinker & Baker LLP oles@oles.com
Wisconsin
James E Braza Davis & Kuelthau SC jbraza@dkattorneys.com Kimberly A Hurtado* Hurtado Zimmerman SC khurtado@hzattys.com Kevin Long Quarles & Brady LLP kevin.long@quarles.com Robert J Smith Akerman LLP robert.smith@akerman.com
Vietnam
Tony Nguyen EPLegal tonynguyen@eplegal.com
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EXPERT WITNESSES Editorial policy and selection criteria Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Research | Expert Witnesses
LEGAL MARKETPLACE ANALYSIS | Expert Witnesses In this chapter, we highlight 244 expert witnesses for their exceptional work across the construction industry. They are identified for their experience handling a wide range of matters, including claims arising from quantum and delay issues on large-scale projects.
METHODOLOGY The Global Elite Thought Leaders are those individuals who received the highest number of nominations from peers, corporate counsel and other market sources this year. Our research has identified them as truly outstanding practitioners and the very best in their field. Who’s Who Legal does not list law firms, only individual lawyers. The leading firms are those in each region whose listed practitioners received the most total nominations in our research. MOST LISTINGS IN WWL: CONSTRUCTION - EXPERT WITNESSES 2022
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Expert Witnesses | Research
EMEA Global Elite Thought Leaders David Barry
Colin Byford
Hervé de Trogoff
Guy Elkington
Liam Holder
Wendy MacLaughlin
Franco Mastrandrea
Joanne Prior
Mike Saulsbury
Kroll London
gb2 LLP London
Ankura Dubai
Accuracy London
Secretariat London
HKA London
gb2 LLP London
Kroll London
Michael Stokes
Secretariat Dubai
Andrew Yendall
Ankura London
Yendall Hunter Limited London
LEADING FIRMS Kroll
David Barry is distinguished among peers as “a market leader in delay analysis” who “provides high-quality and thorough reports” and is “engaging and calm under cross-examination”. Joanne Prior impresses sources with her ability to “master a huge amount of detailed material and get it into a comprehensible order that can be presented persuasively to courts and tribunals”. Rob Palles-Clark is highlighted as being “great at both quantum and delay analysis”. One source further claims: “He is the best quantum expert I have worked with.” Austin Duffy ranks highly among peers as a “top-shelf delay expert” who “sees the big picture and knows the detail”.
HKA
Franco Mastrandrea is “definitely one of the top quantum experts for any large, complicated project” and is praised for his “strategic advice that is well balanced and incorporates practical, legal and technical considerations”. David Atkinson is praised as “a great communicator who listens carefully and gets to the heart of what is going on” while being “very independent and impartial, which helps
client and legal team see both sides of the issue”. Michael Tonkin receives widespread plaudits as “an incredibly reliable expert” whose “strength comes from his approach as a constructive realist”. Peers single out Mark Dixon as “a real heavyweight in the market” and “the go-to name for oil and gas disputes”.
Ankura
Peers highlight Michael Stokes as “an outstanding expert”, with one source enthusing that he is “the absolute best I have ever worked with”. Guy Elkington is “everything a quantum expert should be” and is “unflappable, pragmatic and sensible in his approach”. Paul Taplin stands out as “a real star” in the market who is “an incredibly reliable and impressive construction expert”. He is recognised as being “very hardworking and diligent in his approach”. Scott Jardine is lauded by sources for his “pragmatic approach and high-quality output” while displaying “a great deal of confidence when dealing with construction issues”.
gb2
Wendy MacLaughlin is highlighted as “one of the best delay experts in the world” thanks to her ability to explain “the most complex delay issues in easy-to-understand graphics”. Colin Byford is “a really top-class quantum expert” who “breaks down complex quantum claims making them easy to understand”. Sarah Pattinson is a top-notch expert who is “on top of every detail” and “shows real strength under cross-examination”. Charles Gurnham impresses as “a very experienced quantum expert who has the respect of tribunals”. Sources add: “Charles is an excellent expert for construction claims.”
Secretariat
Peers highlight Liam Holder as a “worldclass” expert who is “among the best of the best in the construction market”. Mike Saulsbury is “by far one of the best delay experts currently working” whose delay analysis is “very much focused on the facts” and explained in “the most common sense and practical approach”. George Taft is “an incredibly strong and reliable expert” who is “particularly experienced in construction and employer-orientated work”.
OTHER LEADING INDIVIDUALS England
Yendall Hunter’s Andrew Yendall is a construction specialist with over 30 years’ experience handling construction disputes for a range of clients in the EMEA region,
including governments, contractors and consultants. Martin Hunter is “a very effective expert” who “really knows what he’s doing in the space” and impresses peers with his “incredibly clear, concise and thorough” reports.
whoswholegal.com
Hervé de Trogoff from Accuracy is a top-tier expert witness who “identifies the main issues very quickly” when working on forensic construction planning and programming.
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Research | Expert Witnesses
Independent expert Paul Barry is an accomplished construction expert who “oozes class” and is “very thorough” in his approach to a broad variety of disputes. Daniel Correa with DAC Consulting Services is “impressive in his preparation of forensic delay reports” and earns plaudits for his “very strong” oral presentation and cross-examination skills. David Rollason of David Rollason Associates is a seasoned expert whose stellar practice specialises in mechanical and electrical
engineering disputes in the construction sector.
and digs into the detail in complex quantum claims”.
Germany
Michael Kenyon with Berkeley Research Group possesses “a very good understanding of the technical nature of construction disputes”. Sources add that his communication is “always clear and concise”.
United Arab Emirates
At Diales Expert Witness Services, David Merritt is regarded by sources as “a brilliant quantum expert” who is “very much focused on the details” and is “an well-established name in the Middle East region”.
Thomas Hofbauer at FTI Consulting draws praise as “the best-recognised expert in the market” who “gets the point of the problem immediately”.
John Boultwood of Boultwood + Associates is “a superb construction expert” with a “very strong reputation in the market”. Sources note that he “is very responsive, accessible
NORTH AMERICA Global Elite Thought Leaders Peter Badala
Robert Freas Exponent Inc Alexandria
Delta Consulting Group Washington DC
Don Harvey
Christopher Larkin
Meera Wagman
Ankura San Francisco Secretariat Atlanta
Jeffrey Fuchs
FTI Consulting Toronto
Secretariat New York
LEADING FIRMS Delta Consulting Group
Jeffrey Fuchs is “among the very best costs and damages quantum experts” in the market thanks to his “particular strength as a testifying expert”. Gene Lash impresses sources with his ability to “drill down on the weak areas of a case and shore them up” and to “quickly explain the issues he finds as an expert”. Charles Heckman is “an extremely strong expert” who garners strong praise from market respondents as “an outstanding testifier”. Dakus Gunn receives widespread endorsements as “an extremely smart expert” who is able to “effectively distil complicated issues” in construction claims.
Secretariat
Meera Wagman is considered by peers as “among the elite in schedule delay analysis”. Sources further praise her as “meticulous and diligent in sourcing for primary information” while she “tackles intricate material with aplomb”. Don Harvey “asks all the right questions as an expert” and is commended as “a very strong and extremely hardworking expert backed by a very cohesive team”. Thomas Fertitta is a first-rate construction claims expert who “has a knack for
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distilling complicated schedules and damages into a readily understood, and persuasive, narrative”. Ted Scott is a top-notch expert who “always works quickly and accurately” and possesses “excellent analytical skills”. One respondent further claims, “I have nothing but praise for Ted as an expert.”
Ankura
Peter Badala is recognised as “a senior-level damages professional” with “superb experience of many large and significant construction cases”. Toshi Dezaki is endorsed as “a true professional who displays a strong work ethic and excellent communication skills”. He is further lauded as “a natural leader who sets high standards for his performance and his teams”. Scott Gray is earns plaudits as “a great expert for the financial aspects of cases” who is “brilliant when giving testimony, both in English and Spanish”. Robert Davenport “does an excellent job of pulling together the design issues on extremely large projects” while producing a “usable work product that clearly explains the issues to a client”.
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HKA
Wayne DeFlaminis is “highly knowledgeable, consistent and diligent regarding delay and disruption matters”. He impresses sources with his “excellent analytical and communication skills”. Sources note that Kenneth Baker “always has the respect of opposing counsel” and “makes an excellent witness and is well informed on many topics”. Chris Spandau is singled out as “an expert of the highest calibre” who “completes his assignments in a timely fashion, and is very responsive and thorough”. Scott Hollingsworth is a “go-to schedule delay expert” who is “incredibly knowledgeable with respect to delay and disruption claims”.
FTI Consulting
Patrick McGeehin is “among the very best construction experts in the market” thanks to his “impressive costs and damages” analysis. Christopher Larkin has the ability to “succinctly and clearly communicate complicated schedule issues”. Sources claim that “his assistance during hearing preparation is invaluable”. Andrew Rhodes is renowned as “a highly successful damages expert” who is “an extremely strong expert on construction matters”.
Expert Witnesses | Research
Berkeley Research Group
Philip Urwin is “a diligent, thorough and intelligent expert” who “handles himself very well on the stand in both direct and cross examination”.
Anamaria Popescu receives praise as “a true expert in delay analysis” and “a gifted communicator who is able to distil difficult concepts into easy-to-understand language”.
Richard Fultineer ranks highly among peers thanks to “his ability to assess the needs in a particular case”, particularly when it comes to construction delay, defect and cost overrun matters.
OTHER LEADING INDIVIDUALS USA
Mark Cohen of J.S. Held impresses sources with “the breadth of his knowledge of the construction industries and the thoroughness of his preparation”. One client highlights him as “my first choice as an expert”. Exponent Inc’s Robert Freas is a longstanding fixture in the US market who regularly advises clients on risk management, project scheduling and a range of construction claims.
At TM Financial Forensics, Bob Groves is recognised as “an excellent delay claims expert” who regularly advises on construction and government contract matters. Felipe André Isoré Gutiérrez from CONEXIG is “an expert of great value in financial matters” who is widely recommended for “any construction arbitration expert work in Latin America”.
ASIA-PACIFIC Global Elite Thought Leaders Scott Adams
Mike Allen
Garry Crossley
Amit Garg
John Lancaster
Graham McNeill
Scott Adams Consultants Ltd Hong Kong
Secretariat Hong Kong
Secretariat Singapore
JS Held Singapore
FTI Consulting Singapore FTI Consulting Hong Kong
Jon Prudhoe Ankura Singapore
LEADING FIRMS Secretariat
Mike Allen is “a standout expert in the market” who is “excellent on the stand” and “fantastic at tackling contentious issues”. Amit Garg draws strong praise as “a top-of-the-line delay expert” who is “unafraid to voice his opinion and is able to support the team with his detailed analysis”. Paul Roberts impresses sources with his “strong analytical skills and report writing acumen”. Peers further highlight him as an expert who is “very clear in his
thinking and develops easy-to-understand conclusions backed up by careful analysis”. Ben Burley is “incredibly clear in his analysis” and is “very thorough and never fails to review all the relevant evidence”.
FTI Consulting
Garry Crossley comes highly recommended as “a strong expert with an outstanding grasp of his field”. He leaves sources impressed with his ability “to provide expert input in a manner in which a layperson can
understand without too much technical jargon”. Graham McNeill is “very personable and great with clients” and is recognised as a key name in the construction sector who is “on top of his subject”. James Taylor garners praise from market respondents as “a very impressive quantum expert” who “collaborates well with a global team” on a range of construction claims for both government and private clients.
OTHER LEADING INDIVIDUALS Australia
At Hinds Blunden, Phillip Blunden is a disputes specialist with decades of experience acting as expert in the evaluation of costs, delay and programming in domestic and international claims.
Hong Kong
Scott Adams of Scott Adams Consultants comes highly recommended in the market for construction planning, time extensions and delay matters.
whoswholegal.com
Patrick O’Neill with ADR Partnership is “a very experienced quantum expert” with “vast construction experience”. He is noted by sources as “highly skilled in focusing the most relevant issues”.
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Research | Expert Witnesses
Singapore
Ankura’s Jon Prudhoe is “an exceptional expert in the market” who is “incredibly well respected when it comes to delay issues on projects”.
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John Lancaster at JS Held draws effusive praise from sources as “one of the world’s top delay experts” who possesses a “very deep understanding of events that truly impact the progress of work on a project”.
whoswholegal.com
Expert Witnesses | Profiles
Australia
Stuart Downes
Jon Dyson
FTI Consulting
Stuart Downes is a senior director in the construction solutions practice of FTI Consulting and is based in Perth, Australia. Stuart is a chartered quantity surveyor, and specialises in the preparation of expert reports, submissions for adjudication, advising and working in conjunction with client law firms in the preparation of claims for delay and disruption costs, extension of time and disputed variations on high profile projects and disputes in preparation for arbitration or litigation. Stuart has worked in both Australia and the UK and has more than 22 years’ experience in the commercial, contractual and claims management of projects, ranging from ports gas pipelines, FLNG and LNG installations, mining and resources, power generation, marine civil, heavy and light rail, utilities (electricity, water and wastewater), offices, schools, airport extensions and residential developments. Stuart has worked with a wide range of standard and bespoke construction and engineering forms of contract, including the NEC3 and more traditional contracts (lump sum, with or without quantities), design, build and maintain, model forms, and a variety of framework agreements. Stuart began his career in the construction industry in 2000, working for several blue-chip contractors and has particular experience and knowledge in post-contract commercial management and contract administration. Stuart relocated to Australia in 2011 with an international firm of construction contract consultants specialising in dispute management before joining FTI Consulting in 2012 as an associate director. He has since been
FTI Consulting involved in specialist appointments to the mining, oil and gas, power, rail, civil construction and building and infrastructure sectors across the APAC region. He regularly prepares expert reports on high profile/complex projects, and has been appointed as independent quantum expert himself on numerous occasions.
Level 47, Central Park 152-158 St. George’s Terrace Perth, 6000 Tel: stuart.downes@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Stuart always produces insightful reports of an excellent quality” “He can be trusted with very complex matters and is a pleasure to work with”
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Jon Dyson is a managing director in the construction solutions practice of FTI Consulting and is based in Melbourne, Australia. Jon is a highly experienced infrastructure, property development and construction professional, having operated for more than 30 years across building and civil engineering within AsiaPacific, the Middle East and the UK. Throughout his career, Jon has accumulated and applied broad-range expertise in quantum and delay analysis, expert reporting, public private partnerships procurement and technical advisory, financier development monitoring, technical due diligence, construction risk management, development management, contract management, and commercial and cost management. Jon specialises in analysis, preparation and critiquing of contractual claims pertaining to quantum associated with delay, disruption and scope change, and has been involved in disputes relating to LNG processing plants and compressor hubs, mining facilities, airport infrastructure, road and rail including tunnelling, oil and gas platforms and commercial developments. Jon has been engaged as an independent expert witness in relation to numerous disputes concerning the value of prolongation, disruption, defects rectification and variations, including in connection with security of payment adjudications. Jon’s consulting career began in 1985 as a quantity surveyor with a renowned UK private quantity surveying practice, where he attained RICS qualification and membership. Jon relocated to Hong Kong in 1994, operating as an associate director in the areas of claims and disputes for five years across the Asia region before returning to the UK and specialising in PPP advisory and technical due diligence on behalf of project sponsors and financiers. In 2004, Jon emigrated to Australia, continuing to operate within the PPP, and claims and disputes fields. Subsequently, Jon spent three years in the Middle East as a commercial manager and development manager for the real estate arm of a local investment bank. Since returning to Australia in 2010, Jon has held principal and director-level positions heading core business streams or state offices for large international and local consultancy businesses.
Continued overleaf
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Profiles | Expert Witnesses
Australia
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Jon Dyson (cont.)
Stuart Harold
Jonathan Humphrey
Jon is an RICS accredited expert witness, holds a bachelor’s degree in quantity surveying and is a post-graduate certificate in the mechanics of project finance. Jon is a member of the Royal Institution of Chartered Surveyors (RICS) and The Society of Construction Law Australia.
Stuart Harold is a senior director in FTI Consulting’s construction solutions practice. He is a commercially and contractually astute schedule delay analyst with over 25 years’ experience in forensic delay analysis, planning/scheduling and project controls. Stuart has extensive experience in the preparation and defence of contractual claims requiring comprehensive delayanalysis, as well as, programming experience spanning numerous disciplines including, oil and gas, building, civil engineering, mechanical and electrical engineering and process engineering. Stuart has also prepared, or assisted in the preparation of, numerous expert reports in the area of delay and disruption and has extensive experience in the successful presentation of complex project information for the purposes of alternative dispute resolution. Stuart is based in Perth, Western Australia, but has worked in both the United Kingdom and Australia encompassing the entire project lifecycle, including tender programme preparation and validation; construction programme development; sub-contractor programme assessment and integration; progress monitoring; preparation and defence of contractual claims for extension of time and disruption; and the forensic analysis of programmes for the retrospective demonstration of cause and effect. Stuart holds a Bachelor’s degree (honours) in Building, is an incorporated member of the Chartered Institute of Building and a professional member of the Resolution Institute (formerly the Australian Institute of Arbitrators and Mediators).
Jonathan leads HKA’s forensic accounting and commercial damages practice in Oceania and Asia. He is a chartered accountant with more than 20 years of experience advising clients as an accounting and finance expert on complex contentious matters and in an advisory capacity. Jonathan’s extensive construction industry experience includes the assessment of consequential damages, including lost profits; challenging the reasonableness of liquidated damages; valuing losses from expropriated assets; analysing claims for incurred and additional cost; quantifying quantum meruit claims; joint venture disputes; shareholder disputes; assessing additional financing costs due to delays; quantifying claims for insured events; claims for opportunity cost; accounting issues; and overhead allocation and apportionment. Jonathan’s other experience includes the quantification of lost profits arising from breach of contracts and warranties, valuations resulting from expropriation and shareholder disputes and quantification of damages in respect of class actions, professional negligence, insurance claims, business interruption and post-acquisition disputes. Jonathan has worked across sectors including construction; oil and gas; power; IT and telecoms; financial services; and manufacturing. He has an established international background working in jurisdictions including Oceania, Asia, the UK, Continental Europe, the Middle East and Africa. Jonathan is appointed regularly as an expert in contentious matters and has experience providing oral evidence in commercial and investment treaty cases. He has worked in multiple forums, including international arbitration under ICC, UNCITRAL, LCIA, SIAC, AIAC, DIAC and HKIAC rules, court litigation, and mediation.
Level 21 600 Bourke Street Melbourne, VIC 3000 Tel: +61 3 9604 0600 jon.dyson@fticonsulting.com www.fticonsulting.com
Level 47, Central Park 152-158 St. George’s Terrace Perth, 6000 Tel: +61 8 9321 8533 stuart.harold@fticonsulting.com www.fticonsulting.com
Peers and clients say: “He has a strong working knowledge of construction and the challenges facing people working in the construction industry” “Jon balances a methodical and practical approach to the analysis required”
Peers and clients say: “Stuart has always met deadlines and provides clear written advice” “He is very collaborative and helpful when building strategy”
FTI Consulting
whoswholegal.com
HKA
Expert Witnesses | Profiles
William J Kerr
George Matta
William is a programming and project controls manager with over 20 years of experience in the construction industry, including management of civil projects and as an expert witness on delay and disruption matters. His areas of expertise include delay and disruption analysis, project planning, project controls, claims advisory and dispute avoidance. William’s extensive practical experience in engineering and construction projects has provided basis for programming and project management expert appointments. He has acted as an expert determiner and has given expert evidence in arbitration. His core experience includes rail and road infrastructure, building, power, renewables, and mining. William frequently sits on dispute and claims advisory panels and has delivered a number of seminars on project planning, project controls, claims and dispute avoidance. He holds degrees in construction management and construction law and is a member of the Academy of Experts and Chartered Institute of Arbitrators.
As a director (partner) at TBH, George is an expert in delay analysis, acceleration and disruption claims. George has over 27 years’ experience providing advisory services in project management, planning & scheduling and claims & dispute resolution. George has been involved in the delivery of more than 80 medium to large infrastructure and commercial projects including power stations, airports, water, healthy, education, railways, tunnels, roads and bridges, oil and gas, mining and residential projects across the Middle East and Australia. With projects ranging in value from AU$5M to AU$500M. With his refined skillset and experiences, he has provided systematic and innovative solutions to client’s most complex issues. He has significant experience in a number of time-related and disruption claims and have been cross-examined in local and international arbitration proceedings. He is highly proficient in project planning and control and possess in-depth understanding in the preparation of report assessments for dispute resolution negotiations involving: representing clients during mediation; provision of expert determination for disputing parties; provision of expert opinion in the matters of construction programming; and providing lay evidence in delay and extensions of time, and loss of productivity for arbitration and litigation. As a proactive multidisciplinary leader, He is continually refining his skills and knowledge, to the benefit of clients and teams. He frequently presents and writes technical articles on topics including the preparation of construction time-schedules, preparation and assessment of extension of time, forensic delay analysis methodologies and the quantification of loss of productivity.
Level 22/69 Ann St Brisbane, QLD 4000 Tel: +61 437 438 449 William.kerr@tbhint.com www.tbhconsultancy.com
Level 18, 225 St Georges Terrace Perth, 6000 Tel: +61 8 6462 3200 george.matta@tbhint.com www.tbhconsultancy.com
Peers and clients say: “William is very knowledgeable about his field and able to explain his points clearly” “His oral witness statement is informative and clear”
Peers and clients say: “George is very hard working and leads a strong team in the construction space” “He ensures understanding of complex technical matters”
TBH Jonathan is a fellow of the Institute of Chartered Accountants in England and Wales, and has a degree in economics from the University of Bristol.
1 Hickson Road The Rocks Sydney, NSW 2000 Tel: +61 2 9255 9142 jonathanhumphrey@hka.com www.hka.com
Peers and clients say: “I don’t use anyone other than Jonathan as an expert witness in relation to business losses” “His reports are comprehensive, technical and written at a very high standard” “Jon is highly proactive, really easy to work with and knows forensic accounting inside out”
whoswholegal.com
TBH
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Profiles | Expert Witnesses
Australia
Stephen Rae
Paul Roberts
Les Ross
Stephen Rae is a chartered quantity surveyor with over 40 years’ experience in the construction and engineering industries. Following a period as an electrical tradesman, Stephen entered the quantity surveying profession as a mechanical and electrical surveyor in 1990. For the past 32 years he has specialised in the provision of cost management, change valuation and forensic delay analysis services to owners, contractors and their legal advisors. His services have been provided in both contentious and non-contentions situations, in relation to commercial developments, hospitals, roads, railways, airports, tunnels, oil and gas platforms, shipbuilding, LNG plants, pipelines, mining facilities, power plants, desalination plants, nuclear installations, defence installations, pharmaceutical plants and marine civil projects. Stephen first testified as an expert in 2000 in Hong Kong in relation to a dispute arising out of a hotel development in Macau. He has since received in excess of 50 expert witness appointments on construction quantum and/or delay matters and has given oral expert testimony within several jurisdiction including Australia, Hong Kong, Philippines, Singapore and Taiwan before domestic and international arbitral tribunals. Stephen frequently lectures on subjects relating to the preparation and assessment of construction claims, delay analysis methodologies and methods of evaluating the impact of change on resource efficiency. Stephen holds bachelor’s degrees in both Law and Quantity Surveying, is a Fellow of the Chartered Institute of Arbitrators, a Member of the Royal Institution of Chartered Surveyors (RICS), and an RICS Accredited Expert Witness.
Paul is a chartered quantity surveyor with over 35 years of experience in all facets of commercial, contractual and dispute management. He has acted as expert on over 100 occasions in matters of quantum and damages. Paul worked in quantity surveying for almost 20 years followed by over a decade specialising in dispute avoidance and resolution. His experience spans a wide variety of building, engineering, mining and petrochemical projects located throughout Australia, South East Asia and the UK. Paul mainly operates from HKA’s Brisbane office and provides commercial advice, contractual services and expert quantum opinion to clients ranging from contractors, employers and their respective legal advisers on building, engineering, mining and petrochemical projects. Paul is formally trained and experienced as adjudicator, arbitrator, expert determiner and mediator. He is regularly appointed to act as expert witness in Australia and overseas and has been cross-examined in both litigation and arbitration, including giving concurrent evidence (hot-tubbing). Paul has been a committee member of a number of professional industry bodies, including the Royal Institution of Chartered Surveyors and the Chartered Institute of Arbitrators (Australia). He is an experienced tertiary-level tutor and external examiner and regularly speaks on topics including alternative dispute resolution, procurement and risk.
Les is a fellow of the Royal Institution of Chartered Surveyors (FRICS) with over 40 years’ experience in the industry. He has worked internationally for many years, spending the past 12 years based fulltime in Australia. He has extensive experience in dispute resolution including assessment of entitlement and quantum.Les has worked on numerous disputes and live projects for employers, contractors andsubcontractors. He provides contract, estimating, cost planning, value engineering, benchmarking, and post contract commercial administration advice. He also has experience of various standard and ad hoc forms of contract in the UK, Middle East, Asia and Australasia.Les’s experience includes building, civil engineering, mining, infrastructure, LNG Facilities and process works. This has been in both project-related and arbitration environments, which has involved the analysis of significant volumes of documentation to produce independent delay and disruption, prolongation and variation valuations. Les has assisted and also been appointed as a quantum expert witness on a number of construction disputes, acting for both claimant and respondent, working with major firms of solicitors. He has given evidence in the District Court twice.
L7, 110 Eagle Street Brisbane, 4000 Tel: +61408881958 proberts@secretariat-intl.com www.secretariat-intl.com
L7, 110 Eagle Street Brisbane, 4000 Tel: +61 430 443 077 lross@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Paul has strong analytical skills and report writing acumen” “Paul is very clear in his thinking and develops easy-to-understand conclusions backed up by careful analysis” “He is very easy to work with and is a consummate professional in all that he does”
Peers and clients say: “Mr Ross has a great ability to collate and distil detailed records and information in a useable manner” “He is a calm and detail-focused expert” “He is methodical, timely and has a deep knowledge of construction subject matter”
FTI Consulting
Level 47, Central Park 152-158 St. George’s Terrace Perth, 6000 Tel: +61 8 6430 1344 stephen.rae@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Stephen has an impressive reputation as an intelligent, critical thinker” “Stephen is on top of the detail, but at the same time is practical and approaches things with efficiency in mind” 64
Secretariat
whoswholegal.com
Secretariat
Expert Witnesses | Profiles
Canada • Ontario
Paul Sincock
Christopher Larkin
AMOG Consulting Dr Sincock is the technical director of AMOG Consulting. Dr Sincock has 40 years’ experience in structural and offshore engineering, naval architecture, hydrodynamics, and bulk materials handling for mining machinery and other equipment. This has been gained consulting on projects in the North Sea, Gulf of Mexico, South East Asia, South America, Africa, India, Gulf of Arabia, and Australia. Dr Sincock has considerable expertise in forensic failure investigation and expert witness studies. He has investigated issues involving contract disputes and quantum claims including contract performance and variation disputes, design errors, shortcomings in design approach and deficiencies in quality assurance, fabrication and installation errors, structural failures due to overloading and fatigue damage, crew injuries due to vessel motions, inappropriate operating practices, failure to correctly assess environmental conditions and resulting loads, and patent disputes. Studies have ranged in scope from problems involving mining industry machinery, process equipment and chemical plants, to offshore structures (fixed and floating), high-speed military vessels, and commercial shipping and harbour installations. He has taken the lead preparing expert reports arising from these investigations, taken part in expert conclaves and arbitration proceedings, been a consultant expert to counsel, provided expert testimony in court, including the International Court of Arbitration of the International Chamber of Commerce, and the Federal Court of Australia. Dr Sincock has extensive experience in providing technical liaison with clients and their legal representatives.
FTI Consulting Dr Sincock holds a Bachelor of Science (mechanical engineering), Master of Science (ocean engineering), and a Doctor of Philosophy (ocean engineering) where his research concentrated on numerical modelling of the non-linear motions of compliant and floating offshore vessels.
19 Business Park Drive Notting Hill, 3168 Tel: +61 3 9542 3700 paul.sincock@amog.consulting www.amog.consulting
Peers and clients say: “Paul has a worldwide reputation in offshore engineering and structural engineering” “He has the ability to communicate complex technical issues to non-technical people”
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Chris Larkin leads FTI Consulting’s construction solutions group in the Americas and is a highly sought-after testifying expert in construction disputes. Mr Larkin has more than 30 years’ experience in the construction industry, which includes 20 years specialising in construction contracts and dispute resolution. He is a Chartered Civil Engineer and a Fellow of the Chartered Institute of Arbitrators. His experience has embraced a number of complex projects, including power generation projects, highways, building schemes, ship building projects, rail projects, mechanical and electrical installation, and various civil engineering schemes. He has worked in a variety of countries including Canada, the UK, Malaysia, Indonesia, UAE, Oman, Saudi Arabia, Bahrain and Qatar. Mr Larkin is a chartered civil engineer with a law degree and arbitration qualifications. Mr Larkin has been appointed as a schedule and quantum expert witness and has testified in a number of arbitration concerning the design and construction of highways, power stations, buildings, airports and bridges. He has experience of mediation, adjudication, arbitration and major litigation proceedings. His claims management experience includes the forensic investigation of causes of delay and additional costs, delay analysis, quantum analysis, analysis of large quantities of complex data, drafting of statements of claim, evidence management and claim evaluation and rebuttal. Mr Larkin has given a number of presentations, notably on delay analysis, concurrent delays, liquidated damages, FIDIC forms of contract and claim preparation. Chris has had a number of articles published in construction industry construction publications.
TD South Tower 79 Wellington Street West Suite 2010 Toronto, M5K 1G8 Tel: +1 416 649 8082 chris.larkin@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Mr Larkin has the ability to succinctly and clearly communicate complicated schedule issues” “He is a real asset on the cases he is on” “His assistance during hearing preparation is invaluable” 65
Profiles | Expert Witnesses
Canada • Ontario
Robert Poole
Maged Abdelsayed, P. Eng, M. Eng.
Robert Poole is a senior managing director in FTI Consulting’s construction solutions practice in Toronto, Ontario. Mr Poole is recognised as one of Canada’s leading construction quantum expert witnesses. Mr Poole has more than 30 years of professional experience in Canada and the UK, holding senior positions in public and private organisations, delivering expert witness, claims advisory, cost consultancy, risk management and project management services. Mr Poole has been appointed as an expert witness or a consulting quantum expert on a broad spectrum of project types, including buildings, roads and bridges, railway and transportation, oil and gas plants, power plants, tunnels, and ship building. His analysis work has included the assessment of damages and loss of profits, and the quantification of additional costs, productivity loss and disruption. He has provided rebuttal reports and assisted counsel with the identification of key issues, witness statement preparation, and preparation for trial. In a consulting expert capacity he has assisted clients with claims strategy and contract compliance. Mr Poole is a fellow of the Royal Institution of Chartered Surveyors (FRICS) and a Canadian professional quantity surveyor (PQS). He is a regular speaker on claims avoidance and risk management strategies.
Maged Abdelsayed is a professional engineer with 35 years of construction industry experience. He has been appointed as an expert on more than 100 occasions for matters relating to delay, quantum and government contracting. Maged has been cross-examined in both litigation and arbitration appearing before various courts and panels. His has acted as an expert witness in North America and internationally on disputed projects ranging from transport infrastructure, power generation and utilities to buildings and industrial plants. Maged has held various project and site management positions for consulting and engineering firms and for major contractors. He has been responsible for project execution, planning, scheduling, cost control as well as claims analysis on industrial, commercial, and civil work projects. Maged specialises in disputes related to project delays, labour productivity losses, the impact of changes on construction work, and damages assessment. He also provides consulting and advisory services including developing and implementing project management plans and audits, reviewing project practices and control systems, assessing costs and schedules, cost recovery, and preparing and defending construction claims.
FTI Consulting
HKA
TD South Tower 79 Wellington Street West Suite 2010 Toronto, M5K 1G8 Tel: +1 416 649 8086 robert.poole@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Robert is an extremely thorough expert” “His numbers are well backed up, and he has a great understanding of the construction process and claims strategy” “He works well in a team of experts and lawyers preparing significant cases for arbitration and mediation” 66
Maged is a member of Quebec’s Order of Engineers (Ordre des ingénieurs du Québec), the American Association of Cost Engineers International, the American Society of Civil Engineers, and the American Bar Association. He holds a master’s in engineering project management and is a frequent speaker on the subjects of delay analysis, productivity analysis, quantification of damages, claims avoidance practices, and data management practices and has developed and delivered various training programmes on these topics.
Office 7.103 1751 Rue Richardson Montréal, H3K 1G6 Tel: +1 514 833 6718 magedabdelsayed@hka.com www.hka.com
Peers and clients say: “Maged ensures immaculate drafting of work and soundness of the conclusions in his expert reports or claims” “His great experience as a construction claim expert has earned the respect of his peers” “He is practical and is able to propose/explore pragmatic solutions to complex problems”
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Expert Witnesses | Profiles
Chile
Colombia
England
Rodrigo Hernández Riquelme
Carlos Ortega
Faye Allen
Highly qualified in construction, engineering and construction law with over 17 years international experience, Rodrigo is the managing director of J.S. Held in Chile, where he has advised a range of clients, both contractors and project owners, on numerous issues that have arisen on complex US$multi-billion construction and infrastructure projects. Fluent in both Spanish and English with a solid background in contract and commercial management, his expertise ranges from the preparation and defense of claims in relation to delay, disruption, acceleration and prolongation and additional works through to dispute resolution and the provision of expert services. Rodrigo has been a party-appointed expert not only on some of the most significant Chilean projects, but also on projects in countries such as México in North America and El Salvador in Central America. Rodrigo also has a significant track record in the setup and implementation of best practice contract management frameworks, protocols and tools support the effective delivery of major projects. His experience covers a variety of projects and sectors including power, industrial and process plants, renewables (including wind and solar), mining, oil and gas, rail, residential developments and healthcare facilities. A recognised subject matter expert, Rodrigo lectures at several universities in Chile including on contract management at Pontificia Universidad Católica de Chile as well as on claims and dispute resolution at Universidad Católica del Norte in Antofagasta. Rodrigo is currently board member of the Chilean Society of Construction Law and also a guest speaker on engineering and contract management topics at various industry conferences in LatAm.
Carlos Ortega is lead partner for the capital projects group for Spanish Latin America at Deloitte. Mr Ortega has provided Project Management and Claims consulting work for key projects such as the M7 Motorway construction project, the upgrade of the Sydney Metro stations in Revesby, Ashfield, Lidcombe, Macdonaldtown, amongst others, in Sydney, Australia, the new El Dorado Airport in Bogota, Colombia, and the Talara Refinery Expansion in Peru. As part of arbitration proceedings, Mr Ortega has acted as Technical Expert and Expert Witness for cases such as the Talara Refinery in Peru, the Bogotá water & wastewater operations contract, the construction of the El Quimbo hydropower plant, the construction of the General Public Hospital in San Andrés Island, the construction of the command and operations Center for the Bogota Mass Transit System, Transmilenio, the construction of a power line grid, and multimodal sea port in Mexico, as well as several large-scale road concession projects (PPP) in Colombia, with accumulated value over US$5 billion. Mr Ortega was also Infrastructure Project Advisor for the World Economic Forum in Latin America, from 2016 until 2018. Mr Ortega is a civil engineer from Universidad de los Andes, Colombia, and has a Master of Engineering Management and an MBA with primary focus on Engineering Management & Policy from University of Technology, Sydney, Australia. Mr Ortega also has a Diploma in Negotiation & Influence from MIT and Emeritus. Mr Ortega is also member of the global Membership Advisory Committee for AACE International.
Faye is an experienced chartered quantity surveyor and a director within the Contract Solutions team in Arcadis based in the United Kingdom. With over 27 years’ experience in the construction and engineering industries, she supports a variety of construction and engineering clients to avoid, mitigate and resolve disputes and is regularly involved in dispute resolution processes both domestically and internationally. Faye is an accredited expert with experience of litigation, arbitration, adjudication and mediation. She is experienced in providing expert evidence and witness evidence in high-value/high-profile disputes and has given expert evidence and been cross examined by leading counsel in the Technology and Construction Court. Her clients, both contractors and client organisations, benefit from her breadth of experience having worked in senior positions for various contractors and consultants across a wide range of sectors. Alongside her professional career, Faye works with the RICS as an APC Assessor and STEM as an ambassador for the construction and engineering industry.
Cra. 7 #74 -09 Bogota Tel: +573134322424 carlortega@deloitte.com www.deloitte.com
80 Fenchurch Street London, EC3M 4BY Tel: +44 7818 525 981 faye.allen@arcadis.com www.arcadis.com
Peers and clients say: “Carlos has extensive technical knowledge” “He provides great clarity in the way he explains complex matters” “He brings deep knowledge of highly complex technical issues to his construction cases”
Peers and clients say: “Faye has ability to understand and then challenge an opponent’s case quickly” “Faye is very good at getting to grips with the detail swiftly” “Her work is well presented and always on time”
J.S. Held
Av. Apoquindo 4700 Oficina 105 Las Condes Santiago, 7560969 Tel: +56 9 5524 0402 rodrigo.hernandez@jsheld.com www.jsheld.com
Peers and clients say: “He combines technical preparation with the understanding of how contracts work” “He is well-prepared for handling complex contracts” “Rodrigo delivers a critical and reflective gaze on the different issues and is very creative in his technical analysis”
Deloitte
ARCADIS
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Profiles | Expert Witnesses
England
Oliver Barnes
Brian Barry
Secretariat
Mr Barnes is a managing director of Secretariat and manages delay matters in their London practice in the United Kingdom. He is a chartered builder, with over 25 years of experience in the construction industry, specialising in dispute resolution, delay and disruption analyses, project overruns, scheduling and project controls. His experience spans a number of the largest European infrastructure and commercial projects including airports, universities, multi-storey commercial/residential, motorways, hospitals, hotels, courts, oil and gas, ports, power, rail, stadiums, tunnels and water/ wastewater treatment facilities. Mr Barnes has been appointed as an expert on numerous disputes both domestically in the UK and in Europe, African nations and the Middle East. He has provided evidence in the UK TCC litigation, UK Adjudications and testified in arbitrations (under ICC, rules) as an independent expert on matters of scheduling, project delay, and loss of productivity. Mr Barnes is also an author and frequent speaker on a variety of construction-related topics including delay and disruption analyses in construction. Prior to working in the consulting field, Mr Barnes worked both as a construction engineer and planner/scheduler on several large building and civil infrastructure projects gaining hands-on experience setting out, tendering, planning and managing.
Kroll Mr Barnes received both a BSc in building management (design & construction) from Northumbria University, with postgraduate qualifications in construction management and construction law. He is a Fellow of the Chartered Institute of Building, an Associate of the Chartered Institute of Arbitration and a Member of the Academy of Experts.
Providian House 2nd Floor 16-18 Monument Street London, EC3R 8AJ Tel: +44 772 121 9905 obarnes@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Oliver’s practical knowledge and experience of working in the industry allows him to master complex issues” “He offers clear and accessible advice with pragmatic recommendations” “He has the ability to interface between legal, technical and commercial issues towards ensuring an accurate an sustained assessment”
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Brian Barry, senior director at Kroll, is an experienced project manager and delay expert with over 20 years of experience in the construction industry. He has worked extensively around the world, completing major project assignments in North America, Europe, the Middle East and Asia. Brian provides expert advisory services in construction disputes in the areas of programming, programme assessment, productivity, time impact, and delay and disruption. He has been involved in delay analysis and delivery of written opinions on a wide range of construction and engineering projects. Brian has been appointed as an independent expert witness and tribunal appointed expert, representing clients in arbitration, mediation and adjudication. He has extensive site-based project and construction management experience and is particularly skilled in complex technological matters, overseeing the integration of technology systems within a fast-tracked construction project environment. He has successfully tracked, monitored and documented progress on a number of complex projects, ensuring clients’ interests were protected and position supported by recorded facts. Brian’s many years of experience in the construction industry have encompassed as-built and existing surveys, design and works management, project management and project planning, team management and contract administration, including certification, instruction and extension of time claims.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 brian.barry@kroll.com www.kroll.com
Peers and clients say: “Brian is dedicated and provides an excellent service” “He is able to clearly articulate his opinions both in written reports and oral evidence”
Expert Witnesses | Profiles
David Barry
Russell Bates
Geoff Bewsey
David Barry, managing director at Kroll, is one of the world’s pre-eminent construction experts, and he was named Who’s Who Legal’s Construction Expert of the year in both 2020 and 2018. He is very highly regarded as both a construction management and delay expert, and is renowned for his independence and integrity. David has over 30 years of programme, project and construction management experience, spanning a wide range of industries that include major civil, commercial, environmental, industrial, institutional, process and energy works. As a project manager David specialises in using critical path method scheduling as the principal tool in managing complex construction projects and programmes. As an expert he has considered and reported upon issues such as project and construction management performance, as well as acceleration, concurrency, delay, disruption, float ownership, mitigation responsibility, resource usage and other planning issues. David has extensive testifying experience. His experience is wide ranging and includes airports, stadia, highways, bridges, tunnels, light and heavy rail transportation systems, hospitals, commercial buildings, power generating facilities, manufacturing and process plants, oil and gas facilities, and shipbuilding. David also acts as a dispute advisory board member, arbitrator and mediator. He has had a number of appointments as court/tribunal-appointed expert. David founded Blackrock Expert Services in 2009, originally as Blackrock Programme Management, which was acquired by Kroll in 2020.
Russell is a project planner and forensic delay analyst with over 30 years of experience in the construction and engineering industries. He has acted as a delay expert on more than 25 occasions and has been cross-examined in arbitral proceedings in the UK, Denmark and France. Russell has 10 years of experience as a site planner and project controls manager with a large international contractor. More recently he has provided dispute avoidance, claims management and expert services and has supported clients with project disputes throughout the UK and across Africa, Asia, Europe and the Middle East. Russell has significant experience in oil and gas, as well as buildings, energy, industrial and infrastructure projects. He utilises electronic programme management tools, such Primavera, MS Project and Asta Power Project, and employs as wide range of analysis techniques including time impact/windows, collapsed as-built, impacted as-planned, and as-planned versus as-built. Russell is a renowned delay expert specialising in project planning, critical path methods of delay analysis and delay and disruption. He has been cross-examined in ICC and UK domestic arbitrations concerning petrochemical, infrastructure and building project disputes in Europe, Africa and the UK; he has acted as a delay expert for matters in adjudication, arbitration, litigation and mediation around the world. Russell holds a master’s in phase transformations in cement forming compounds and a degree in metallurgy and science of materials from the University of Oxford. He also holds a Masters in construction law and arbitration and is a practising member of the Academy of Experts.
Geoff is a partner at HKA with over 40 years of experience in design, contracting and consultancy in the engineering and construction industries. He is a specialist in programming and analysis of delay and disruption on complex, major projects. Geoff’s experience portfolio includes oil and gas facilities, power and process plants, roads and bridges, retail and industrial developments, as well as hospitals, schools, colleges and other public buildings. He moved into consultancy in 1999, drawing on his management and commercial experience in construction to advise clients on project management, dispute avoidance and bid management. Geoff has also assisted clients to establish record and control systems that enable responsive monitoring and management of production in their construction works, and provides support and training to clients concerning time management skills and procedures. He has been appointed on many occasions as planning and programming expert on construction disputes in the UK, Europe and the Middle East, as well as South Korea, Azerbaijan and the Philippines, and has given expert evidence in arbitration. Geoff is a regular speaker at industry conferences around the world, presenting topics such as disruption analysis and valuation, management of project records, principles of time risk management and methods of delay analysis. He holds a BSc in civil engineering from the University of Westminster, London, and is a member of the Society of Construction Law.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 david.barry@kroll.com www.kroll.com
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1242 russellbates@hka.com www.hka.com
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 geoffbewsey@hka.com www.hka.com
Peers and clients say: “David is a market leader in delay analysis” “He is a thoughtful expert who provides high-quality and thorough reports” “He is engaging and calm under cross-examination”
Peers and clients say: “Russell has the impressive ability to produce clear and concise reports dealing with complex technical and factual issues” “He produces clear and compelling reports that are ultimately preferred by the tribunal”
Peers and clients say: “Geoff is highly intelligent, intuitive and extremely thorough” “He is hugely experienced and possesses a wealth of knowledge” “Geoff is a very experienced expert who absolutely deserves a place on the list”
Kroll
HKA
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HKA
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Profiles | Expert Witnesses
England
Gary Blackburn
Colin Byford
Peter Caillard
Gary Blackburn is a practising quantum and delay expert and a highly experienced chartered quantity surveyor with extensive knowledge of the analysis, preparation, defence and negotiation of construction claims. With 33 years’ experience across building, civil engineering, infrastructure, utility, rail, marine, power, process, petrochemical, and oil and gas sectors in the UK, Europe, Africa and the Middle East, he is one of the few experts capable of acting as quantum or delay expert, providing a practical and focused approach derived from his extensive project experience. Gary typically works with leading domestic and international construction and engineering clients on matters including delay, critical path analysis, cause and effect, concurrency, extensions of time, disruption, acceleration, loss and expense, valuation of variations, valuation of measured works, prolongation costs, lost productivity and loss of profit. His clients benefit from his insight gained in senior positions with both contractor and consultant organisations and his broad range of sector experience. He is an accredited expert with experience of litigation, arbitration, adjudication and mediation, including concurrent expert evidence or “hot tubbing” in arbitration hearings. He has acted as expert adviser and expert witness on behalf of contractors, subcontractors and employers and provided expert opinion in respect of quantum, disruption and delay in large complex disputes involving multidisciplinary teams. Recent experience includes waste to energy plants, marine salvage work, motorway infrastructure, professional negligence, gas refinery and education facilities, both domestic and international.
Colin is a founding member and a senior partner at gb². He is a chartered quantity surveyor and a fellow of the RICS. He has over 30 years’ experience of advising on major construction, engineering and marine projects around the world. He specialises in commercial management, quantity surveying, cost engineering, measurement, procurement advice, valuation of works, variations, prolongation, disruption, acceleration and forensic investigations. Colin has worked for clients, contractors and private practice in most sectors of the construction and engineering industry. Colin has also acted as an online tutor and marker for the College of Estate Management for their measurement module (civil engineering QS practice) as part of the BSc for quantity surveying. Colin has experience of most forms of contract including FIDIC, JCT, ICE, NEC, GCWorks, IChemE, LOGIC and various bespoke forms of contract. He has experience of most forms of procurement including traditional, design and build, management, cost reimbursable and turnkey contracting. Colin has been appointed to provide independent expert quantum advice to court and international arbitrations on numerous occasions. He has testified on over 20 occasions in the Technology and Construction Court, London and arbitration hearings in London, Paris, Rotterdam, Dubai, Qatar and Singapore. He has considerable experience of witness conferencing / hot tubbing. Colin has acted as quantum expert under the following arbitration rules: ICC, LCIA, SCMA, SIAC, DIAC and NAI.
Peter Caillard is a chartered civil engineer with over 38 years of experience in the construction industry. He is widely experienced in the design and construction of highways, transport and infrastructure projects. Peter has managed projects through all stages of construction from preliminary design through to final account using a variety of forms of contract. He has been engaged with projects throughout the world including the UK and Europe, the Middle East, Africa, and North America, and his experience covers all aspects of design and construction including highway geometry, road pavement construction, drainage, earthworks, highway structures, public utilities, and materials testing. He is also experienced in transport planning, both for public infrastructure projects and private developments. Peter has also undertaken research projects on behalf of the Department of Transport and has developed draft technical standards both in the UK and overseas. He has also executed safety audits for a wide range of projects and led investigations into road traffic accidents, followed by preparation of reports for litigation. He has undertaken forensic investigations relating to engineering disputes on many occasions and testified at dispute hearings and planning inquiries, including planning appeals, arbitrations, and mediations. He gave evidence to the House of Commons Select Committee during the passage of the enabling legislation for the Channel Tunnel Rail Link.
Adam House 7-10 Adam Street London, WC2N 6AA Tel: +44 20 7520 9330 cbyford@gbsqd.com www.gbsqd.com
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 petercaillard@hka.com www.hka.com
Peers and clients say: “Colin is a brilliant construction expert” “He breaks down complex quantum claims making them easy to understand” “He is a really top-class quantum expert”
Peers and clients say: “Peter is methodical, diligent and exceptionally smart” “He is an outstanding expert and his reports are well written and focused” “Peter is an excellent engineer and handles himself very well under pressure”
ARCADIS
80 Fenchurch Street London, EC3M 4BY Tel: +44 7884 436318 gary.blackburn@arcadis.com www.arcadis.com
Peers and clients say: “Mr Blackburn is an expert with a sharp mind” “His strengths are that he has a strong technical background and a direct approach as an expert” “Gary has extensive experience across a number of sectors” 70
gb2 LLP
HKA
whoswholegal.com
Expert Witnesses | Profiles
Jas Cheema
Lee Cookson
Daniel Correa
Jas Cheema is a managing director in the London office of BRG. He works globally providing quantum expert opinion as well as litigation and arbitration support services relating to the calculation of and approach to damages and valuation of construction works. Jas has over 20 years of construction experience (including five years based in the Middle East) and he has provided expert witness testimony on a variety of construction related quantum topics for government agencies, consulting organisations, developers, contractors and subcontractors. Jas has experience with many types of construction and infrastructure projects, including gas processing facilities, pipelines, tunnels, highways, sports stadia, hospitals, airports, mixed-use (commercial and residential), hospitality (hotels) and residential projects. His experience includes assessment of prolongation costs, cost escalation, disruption costs, the valuation of change orders and variations, contractor terminations, differing site conditions and measurement issues and numerous other forms of project impacts. Jas also has experience of projects involving various delivery and procurement methods such as design-build, EPC, target contracts, remeasurement, cost plus fixed fee and cost plus percentage fee arrangements. Jas has testified in court, arbitration and mediation proceedings (including witness conferencing) as quantum expert across Europe and the Middle East. Jas holds a BSc (Hons) in civil engineering commercial management and a MSc in construction law.
Lee Cookson is a leading forensic delay expert with over 36 years of experience in the construction industry. He has acted as delay expert on numerous international construction and engineering programme and delay related disputes. He has given written and oral evidence in international arbitration and in the Technology and Construction Court in the UK. He has also assisted parties at mediation, both internationally and in the UK. Lee’s expert commissions cover a wide range of industries and sectors. His building experience includes health, education, retail, hotel, office, industrial, residential and fit-out projects. His engineering experience includes motorways, bridges, underpasses, tunnelling, rail, land reclamation, port and marine works, pipe-laying and fabrication projects. His process experience includes wasteto-energy, oil and gas and power. Lee’s clients include employers, developers, main contractors, large subcontractors, joint venture partnerships and professional services organisations. He is experienced assisting both claimants, defendants and respondents. Lee’s appointments include, the independent analysis of delay on projects for the purposes of establishing the correct quantum of any time extensions due; the correct quantum of delay arising from alleged professional negligence, typically in respect of the late release of drawings and information; and the correct quantum of delay for the purposes of establishing loss and damages, including the identification of concurrent delay. He has also been appointed to consider delay on early termination cases. Lee takes a practical, pragmatic, fact-driven approach to analysing delay. He is skilled at unravelling seemingly intractable problems, identifying the key issues and deriving order from chaos. He adds clarity through clear and unambiguous testimony.
Daniel Correa is the managing director of DAC Consulting Services worldwide, which is a leading specialist group in providing Forensic Engineering and Expert Witness services to the engineering and construction industry worldwide, headquartered in London UK. Daniel is a Mechanical Engineer by profession, and holds a Master of Science in Project Management from the University of Manchester. Daniel has also completed a Senior Management Programme at the University of Cambridge, Judge Business School. Daniel is a Chartered Engineer in the United Kingdom, a member of the Mechanical Engineering Institute in London, a member of the Institute of Engineering and Technology, a member of the Chartered Institute of Arbitrators, a member of the Project Management Institute, a member of the Academy of Experts, and a member of the Expert Witness Institute. Daniel has extensive experience as a senior forensic engineer, as a technical expert, and as a scheduling expert (forensic delay and disruption analysis), with a wide range of expertise within the construction sector. Daniel has been appointed by lawyers, insurers, and corporations in various occasions, to analyse different types of complex claims. In the Construction sector Daniel has been appointed as a delay expert, tasked with the assessment of the timeline of a project, both in a prospective manner (to suggest accelerating actions and monitoring of a construction project), and in a retrospective manner (to examine the actions or inactions that could have generated delays in a project as well as cost overruns). Similarly, Daniel has been appointed on several occasions as a coordinating expert, leading complex construction disputes by managing different commercial and technical disciplines. This has led to the preparation of comprehensive and cohesive expert reports under one organised group.
Peers and clients say: “Lee’s work is always very thorough and well prepared” “He performs well in cross examination where he is able to respond well to questions” “Lee is a diligent, hard-working expert”
Continued overleaf
Berkeley Research Group
8 Salisbury Square 8th Floor London, EC4Y 8AP Tel: +44 750 546 5080 jcheema@thinkbrg.com www.thinkbrg.com
Peers and clients say: “Jas is very conscientious and intelligent as an expert” “He performs to a high standard under rigorous cross-examination” “Mr Cheema is very cool and collected and totally knows his material when being cross-examined”
ARCADIS
DAC Consulting Services Ltd
80 Fenchurch Street London, EC3M 4BY Tel: +44 20 7812 2637 lee.cookson@arcadis.com www.arcadis.com
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Profiles | Expert Witnesses
England
Daniel Correa (cont.)
Mark Dixon
Daniel has specialised in oil & gas, energy, process, and construction projects, bringing a practical approach to solving complex technical, delay and quantum issues in infrastructure and construction disputes. He has in the past worked with major companies on Engineering, Procurement and Construction projects, especially in mechanical equipment design, project engineering and management in addition to planning for different upstream, midstream and downstream projects. Daniel has acted as an expert witness in various jurisdictions. He has given evidence before arbitral tribunals (including ICC, LCIA, DIAC) and in High Court (UK) on a number of occasions. As the founder and managing director of DAC Consulting Services worldwide, Daniel manages a group of more than 50 Experts worldwide, as well as a vetted network of over 500 consultants with multiple languages, and areas of expertise which include: oil & gas / energy / process industries, large construction projects, forensic engineering, project management / scheduling, forensic delay and quantum analysis, and complex insurance claims (DSU, RCA, reinstatement). Without a doubt, the single most challenging requirement for an expert witness is to have the ability to understand the complexities behind the details of a project that has derailed, and be able to dissect and analyse the available information relatively quickly in order to provide an independent and professional opinion that can be easily understood, and that can withstand all types of scrutiny.
Mark Dixon is a chartered quantity surveyor, chartered arbitrator and partner at HKA with over 35 years of experience in the construction and engineering industries. He is a respected and widely experienced quantum expert witness having acted in over 30 major cases. Mark first testified as an expert witness in court in 1995. He has given oral testimony in the English courts and in various international arbitration proceedings, by both traditional cross-examination and concurrent expert conferencing (or “hot-tubbing”). Mark’s expert commissions have included disputes up to US$1.2 billion on contracts up to US$2.5 billion within wider projects up to US$17 billion in value. He specialises in large international oil and gas, marine, and industrial sector projects. He has been appointed as expert on offshore and onshore oil and gas facilities in Asia, Australia, Europe and the Middle East; shipbuilding contracts in Europe and Asia; and power, utilities and process plant projects in Europe. He has also been appointed on various infrastructure and building contracts in Europe. In addition to his expert witness and advisory roles, Mark is an experienced third-party neutral. He has been appointed as adjudicator or arbitrator on over 500 cases. Mark is listed in the RICS, ICE, CIArb, TeCSA, RIBA, CIC and CLG panels of adjudicators and the RICS, CIArb, HKIAC, AIAC, CIETAC, SHIAC, SCIA and PIAC panels of arbitrators. Mark’s expert witness and dispute resolution practice is underpinned by extensive experience acting in the capacities of quantity surveyor, contract administrator and claims adviser. He has been involved on contracts up to US$11 billion as part of wider projects up to US$30 billion in value.
HKA
3rd Floor 207 Regent St, Mayfair London, W1B 3BD Tel: dcorrea@dac-consultingservices.com https://www.dac-consultingservices.co.uk/
Peers and clients say: “Daniel is impressive in his preparation of forensic delay reports” “His oral presentation and cross-examination skills are very strong” “He has outstanding analytical skills and is very attentive to detail” 72
Mark has been described as “a superb expert with a strong reputation for his construction expertise in the shipping and maritime sector” and “a distinguished quantum and delay expert providing analysis and testimony of the highest order”, who “remains a firm favourite among industry players who praise his strong analytical skills and hands-on approach”.
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 markdixon@hka.com www.hka.com
Peers and clients say: “Mark is a real heavyweight in the market” “He is the go-to name for oil and gas disputes” “Mark’s reports are excellent, well written, clear and thorough”
whoswholegal.com
Expert Witnesses | Profiles
Austin Duffy
Richard Edwin
Austin Duffy, managing director at Kroll, is a chartered civil and structural engineer with over 30 years’ experience in the planning, design, procurement, delivery and management of complex engineering and construction projects globally. He has been instructed more than 70 times as an independent expert on project management and construction management performance/negligence matters, and on programming, delay, disruption and acceleration issues. He has submitted written evidence in conciliation, mediation, adjudication, litigation and international arbitration proceedings and has testified, including the provision of concurrent evidence (or ‘hot-tubbing’), in ICC, HKIAC, ICSID, UNCITRAL, DIAC and LCIA arbitrations on numerous occasions. Austin is regularly retained by both private and public-sector clients to provide strategic development and project management advice and programme management advisory services on major capital investment programmes. Having worked at director level with leading international project management firms and design and build contractors, he has extensive experience acting for both client and contractor entities in the delivery of large-scale, complex and high-value construction and engineering projects. Austin’s experience spans healthcare, commercial, residential, industrial, retail, leisure, education, technology, renewable energy and power, mining, process, pharmaceutical, oil and gas and civil engineering sectors.
Richard Edwin, managing director at Kroll, is a chartered civil engineer with approaching 40 years’ experience as a programme and construction professional. Richard specialises in the use of critical path analysis to assist in the resolution of construction, process, oil and gas and offshore disputes. He proactively assists clients and their legal advisers to identify the strengths and weaknesses of their position, by means of detailed, fact-based and insightful analysis and opinion. This approach assists formulation of the best strategy to conclude disputes in a timely, efficient and cost-effective way. Richard has been appointed on over 50 occasions to provide independent programming and delay advice to clients, assisting them cost-effectively to resolve their construction-related disputes. Where a dispute cannot be settled amicably between the parties, Richard regularly provides independent expert witness opinion in formal proceedings, has provided both written and oral evidence, and has been ‘hot-tubbed’ at both international arbitration and DAB hearings. Richard’s extensive experience was developed both as a main contractor and construction manager, for two of the UK’s major construction companies, during which he delivered large, complex, high-value civil engineering and building projects. That experience encompasses design/engineering, procurement and construction management, design and build contracting, management and general contracting, risk management, value engineering, programming, delay, disruption and acceleration analyses, dispute resolution and dispute avoidance.
Kroll
Kroll
Richard’s sector experience includes major road, rail and airport infrastructure, renewable energy and power, oil and gas, industrial and process plants, healthcare, heavy civil engineering, residential, commercial, retail, education, leisure, mechanical and electrical installations and offshore projects.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 austin.duffy@kroll.com www.kroll.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 2003405 9680 richard.edwin@kroll.com www.kroll.com
Peers and clients say: “Austin is really a top-shelf delay expert” “He sees the big picture and knows the detail” “He has a command of the facts under cross-examination and is exceptional during ‘hot-tubbing’ sessions”
Peers and clients say: “Richard thinks well on his feet during oral testimony and is able to respond to difficult questions” “He keeps you advised on progress and deals methodically with the issues”
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Profiles | Expert Witnesses
England
Emyr Evans
David Falkenstern
Tony Farrow
Emyr Evans is a chartered quantity surveyor and barrister (non-practising) with over 30 years of construction industry experience. He is an internationally experienced quantum expert witness and has acted on many high-value disputes up to US$1 billion. He has been instructed on more than 40 occasions. Emyr is involved in the preparation, analysis and submission of expert witness reports and in the preparation and defence of contractual claims. He has given oral testimony in London, Paris, The Hague, Rotterdam, Toronto and Khartoum, and has experience of delivering concurrent evidence (“hot-tubbing”) and evidence online. He has strong commercial and contractual knowledge, having worked with a range of standard forms of contract as well as various bespoke forms of contracts. He has experience of dispute resolution including international arbitration hearings, pleadings for arbitration (domestic and international), referral notices and responses for adjudication process, statements of claim, counterclaim and defence submissions and resolution via negotiation. Emyr has been appointed as quantum expert many times in construction and engineering disputes in the UK, Europe, North America, Africa, the Middle East and Asia. He has experience and expertise across a variety of sectors ranging from aerospace, buildings, industrial and infrastructure to oil and gas, offshore platforms, rail, roads and tunnelling, power and renewables, and technology. Emyr is a fellow of the Royal Institution of Chartered Surveyors, the Chartered Institute of Building and the Academy of Experts; and a member of the Honourable Society of Gray’s Inn. He holds a BSc (Hons) in quantity surveying, an MSc in construction management and an LLB (Hons) law degree. He is highly regarded by clients and peers alike.
David Falkenstern, managing director at Kroll, is a civil engineer with over 20 years of experience in the construction industry. He specialises in providing expert advice and consultation on major construction projects in the areas of programming, programme assessment, planning, productivity, time impact, delay and disruption with a focus on resolving disputes. David has gained his knowledge and expertise by assisting clients with their planning and dispute-related needs as a consulting professional. Within this capacity, he has assisted clients by producing and maintaining live construction programmes, analysing construction delays and providing expert evidence in relation to planning and delay. He has worked with contractors, engineers and owners from all over the world to consult on matters related to claims, construction programming and scheduling, contract disputes, project controls and project management. David’s experience spans a broad range of industries including commercial property development, petrochemical, power generation, oil and gas, and transportation. He has been appointed as an independent expert giving both written and oral evidence on matters of programming and project delay on construction disputes in arbitration, adjudication and mediation. He has been cross examined in arbitral hearings on numerous occasions.
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 emyrevans@hka.com www.hka.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 david.falkenstern@kroll.com www.kroll.com
Dr. Tony Farrow is a senior managing director at Ankura, based in London. He has over 30 years’ experience in leading large expert witness cases involving the analysis of schedule delay and disruption, and disputed final accounts. He has submitted over 200 expert reports, and given evidence in the English High Court and to arbitration tribunals in the UK, Egypt, France, Hong Kong, the Netherlands and Switzerland. Tony has operated at corporate level in the EPC sector, leading the project controls functions (planning, contract and cost management) for an international EPC contractor/operator organisation. He first qualified as a quantity surveyor and subsequently worked in a broad commercial environment within the international project management field, dealing with claims, litigation, commercial issues, and trouble shooting. He has published many papers, particularly on the topics of delay analysis and acceleration. He regularly gives seminars and undertakes bespoke training courses for clients. His PhD thesis concerned strategic issues in managing a professional services firm. Tony’s marine and offshore experience includes: expert witness appointments for quantum and delay issues on two drill ship projects and three FPSO projects, including giving evidence to the arbitral panels; producing a report investigating delays and extra costs, and presenting evidence to an arbitral tribunal, in relation to a mega-yacht project in the Netherlands; and producing an expert witness report on delays and disputed account, and giving evidence to arbitral tribunal, in relation to a new-build roll-on/roll-off ferry in the Netherlands. He also worked on four semi-submersible drilling rig projects and 10 FPSO projects acting in a contract management and project controls role during project execution.
Peers and clients say: “Emyr is very experienced, competent, and also practical and commercial” “He remains calm at all times and gets the job done” “He showed a great skill in familiarising himself with the peculiarities of a local market”
Peers and clients say: “David’s work is well researched, reasoned and documented” “He has an easy and engaging manner when explaining his opinions to clients” “David approaches the joint expert process in an open and collaborative way”
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Expert Witnesses | Profiles
Matthew Finn Ankura His experience in plant projects includes acting as expert witness in a Japanese arbitration relation to disputes on two coal-fired power stations in South Africa; expert appointments in arbitration concerning causes of delay in relation to refineries in Iraq and Australia; project support from Japan in relation to cement and fertiliser plants in Indonesia and Malaysia; commercial work associated with disputed final accounts in relation to various process plants in the UK; project support from Japan in relation to a steel plant complex in Libya; and producing reports investigating delays and final accounts in relation to two water treatment plants in the UK. Tony’s experience relating to building works includes producing an expert report on delays and giving evidence to arbitral tribunal in relation to a headquarters building in Hong Kong; producing a report covering quantum and delay and giving evidence to arbitral tribunal in relation to a healthcare headquarters project in the UK; producing an expert report on delay and disputed final account and giving evidence to arbitral tribunal in relation to an insurance headquarters project in the UK; and producing an expert report on delay and giving evidence on nine separate occasions to arbitral tribunal in relation to a media centre in Egypt. His infrastructure experience includes: expert witness appointments on two pipeline projects in Jordan and Kuwait regarding quantum and delay including giving evidence to the arbitral panels; producing an expert report on delay and quantum impacts in relation to a bridge construction project in the UK following section collapse; preparing and negotiating claims for delay in relation to civil airfields projects in Nigeria; and commercial support on an 80km BOT road project in Israel.
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 7015 2361 tony.farrow@ankura.com www.ankura.com
Peers and clients say: “Tony is an excellent construction disputes expert” “He is a top expert in engineering and quantum claims”
Matthew Finn is a senior managing director at Ankura based in London. He is a Fellow of the Royal Institution of Chartered Surveyors, Fellow of the Chartered Institute of Arbitrators, Fellow of the Chartered Institute of Building and a Member of the Chartered Institution of Civil Engineering. Matthew is regularly appointed as an expert witness in the field of quantum (damages) in construction matters. He has given oral evidence in UK litigation on several occasions under both traditional cross-examination and under concurrent evidence commonly known as hot-tubbing. In addition to several quantum CPR part 35 expert appointments in UK litigation, Matthew has also acted as a quantum expert in international arbitration, mediation and adjudication/DABs. Matthew has been recognised in Who’s Who Legal in arbitration, quantum and delay, and construction chapters in publications in 2018, 2019, 2020, 2021 and 2022. In addition to expert witness appointments, Matthew is a certified civil and commercial mediator, construction adjudicator, international and domestic arbitrator, and sits on over 30 worldwide arbitration panels. Prior to undertaking expert appointments, Matthew’s professional experience included regional management roles within the building and civil engineering divisions of major contractors, managing multiple complex large value projects. His experience whilst working for a contracting organisation was also in claims and dispute resolution. He has experience in building, civil engineering, nuclear, rail, power, oil and gas, and building services. He is an accredited and practising member of the Academy of Experts (MAE), Member of the Expert Witness Institute (MEWI), and RICS Accredited Expert Witness under the RICS Expert Witness Accreditation Service and included on the expert referral panel. He also has undertaken the Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE).
Matthew also is a practitioner for Dispute Boards MENA (Middle East and North Africa). Matthew has the experience and knowledge of working under all different types of contracts within building and civil engineering projects, including but not limited to, JCT, NEC, ICE, FIDIC, PFI, Procure 21, Procure 21+, EFA Design & Build, SCAPE, and PPC 2000. He also regularly provides training to large contracting companies on JCT and NEC forms of standard contracts. A selection of Matthew’s recent quantum expert experience includes appointment by a contractor on a €6 billion new-build nuclear power station relating to assessing damages related to delay and disruption in international arbitration. Matthew has also been appointed on a $10 billion thermal power plant centre in South East Asia to assess a $2 billion damages claim resulting from a termination. He has also been appointed in international arbitration on two thermal power plants in South Africa and a biomass fuel project in the UK. Matthew was also appointed to value a damages claim of circa £60 million on a £1 billion high rise luxury hotel and residential scheme in London. He was also appointed on a PFI by the SPV and their legal team to assess a claim of circa £50 million relating to defects surrounding fire protection, mechanical, electrical and public services on a £220 million PFI hospital, the matter was referred to the High Court - Technology and Construction (TCC). Matthew was also appointed quantum expert concerning claims relating to prolongation, disruption, inflation, loss of overheads and profit recovery and variations on a Data Centre project. He is also providing project advisory services to a tier 1 UK main contractor under a JCT Major Projects Construction Contract 2016 for a Stadium project, England. The matter is ongoing, and Matthew regularly conducts training to the project staff and undertakes regular audits.
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 7398 3861 matthew.finn@ankura.com www.ankura.com
Peers and clients say: “Matthew is an incredibly reliable expert with strong technical knowledge” “Mr Finn is the leading expert from the new generation” “He is an outstanding construction expert”
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Profiles | Expert Witnesses
England
Neil Fitch
David Goodman
Mark Gordon
Neil Fitch, managing director at Kroll, is a chartered quantity surveyor with approaching 40 years of experience in construction and engineering projects globally. He has acted as an expert witness on many occasions, including single/joint expert and expert determiner/assessor, and he has acted as a mediator. He has given oral evidence in the Technology and Commercial Court (TCC) and arbitral and criminal proceedings; represented parties in mediation or adjudication; and been “hot-tubbed” in both the TCC and international arbitration. Neil has acted on matters in UK, Ireland, Mainland Europe, Africa, Middle and Far East and Fiji. Neil applies rigour and attention to detail in the provision of independent expert advice on construction and engineering issues, assisting clients and their teams in the successful approach to, and resolution of, complex issues. He has advised a wide range of stakeholders, including accountants, banks, contractors and sub-contractors, developers and investors, education authorities, government/local authorities, private individuals, project managers and construction consultants, solicitors, and transport authorities. Neil’s extensive construction experience spans commercial, defence, government, healthcare, industrial, leisure, residential, new build and fit-out sectors, as well as infrastructure that includes highways, major civils, process, power and railways. His contractual experience ranges from land sale/development agreements and agreements for lease, to all major forms of project agreements including FIDIC, JCT, ICE and NEC as well as JV agreements.
David Goodman, managing director at Kroll, civil engineer and delay analyst with over 25 years’ experience in the construction industry of which the past 19 years have been spent working within project planning, strategic advice, project management and dispute resolution teams in the UK and internationally. Much of the analysis carried out by David has naturally involved detailed reviews of the design, procurement or the construction process of a project. As part of these roles David has worked on various projects across the globe within all major construction fields including civil engineering and infrastructure, power, oil and gas, residential and commercial construction. David has acted as an expert witness on many occasions, has prepared expert witness reports, given oral expert testimony and provided strategic advice to solicitors and counsel on various time-related disputes. In 2020, David co-authored a chapter of the book Dealing with Delay and Disruption on Construction Projects, a practical guide providing construction professionals with the understanding of how delay and disruption issues can affect construction projects.
Mark Gordon, managing director at Kroll, is a chartered quantity surveyor and quantum expert with over 30 years of experience in the construction and engineering industry. He has been appointed as an expert on matters of quantum and quantity surveying in the UK and internationally on more than 70 occasions for disputes up to US$5 billion and on complex megaprojects exceeding US$20 billion in capital value. Mark has a wealth of experience gained across a diverse range of public and private sector markets, utilising both standard and bespoke forms of contract over many jurisdictions. During his career to date, he has been appointed by contractors and sub-contractors, consultants, developers, private and public sector clients and suppliers to work on a wide-ranging portfolio of work that includes airports, power stations and grids, waste-to-energy plants, railways, ports, manufacturing facilities, hospitals, offices, retail and residential developments. Mark is a Fellow of the Royal Institution of Chartered Surveyors and holds a BSc (Hons) in Quantity Surveying and an MSc in construction law and arbitration from King’s College, London.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 neil.fitch@kroll.com www.kroll.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 david.goodman@kroll.com www.kroll.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 mark.gordon@kroll.com www.kroll.com
Peers and clients say: “Neil possesses strong expert witness credentials and experience of large-scale international arbitration proceedings” “He has vast experience of many different types of claims and projects in various jurisdictions”
Peers and clients say: “He is a recognised, go-to expert for a lot of lawyers in Dubai” “David is absolutely first-class – my delay expert of choice”
Peers and clients say: “Mark is a true professional in his attention to detail” “I was impressed with his ability to write concise and robust reports on complex matters involving large volumes of data and information” “He is a team player who can communicate very effectively with instructing solicitors and clients”
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Expert Witnesses | Profiles
Paul Greenwell
Charles Gurnham
Liam Holder
Paul is a director at Turner & Townsend based in London. He has been actively involved in construction planning and project management for 30 years, with the past 10 years spent providing expert advice and consultancy in forensic planning and project management. Paul has provided expert opinion in forensic planning and project management negligence matters in adjudication, arbitration and litigation and has testified in the UK TCC (litigation), Poland (litigation) and Dubai (DIAC Arbitrations) as both a forensic planning expert and a project management expert. He also provides independent third-party reviews on behalf of major infrastructure providers to highlight and address commercial, contractual or programme risk prior to full commercial commitment. Paul has industry experience in luxury hotel development, retail, commercial, complex construction and refurbishment, major infrastructure, power, renewable energy, oil and gas plant, education, health and defence (nuclear). He has international experience in the United Kingdom, Europe, Africa, Latin America and the Middle East.
Charles is a founding member and a senior partner at gb². He is a chartered quantity surveyor and a fellow of the RICS, and has been called to the bar. He has over 35 years of experience advising on engineering and building projects around the world, with considerable experience of projects in buildings, power, process and infrastructure. He specialises in commercial management, quantity surveying, cost engineering, measurement, procurement advice, valuation of works, variations, prolongation, disruption, acceleration and forensic investigations. Charles has extensive experience on a number of different contract conditions such as FIDIC, IChemE, NEC and ICE, and has worked for clients, contractors and private practice in most sectors of the construction and engineering industry. Charles has been involved in numerous disputes heard by the TCC in the UK and international arbitration tribunals on projects in many different countries under ICC and UNCITRAL rules in connection with quantum, procurement, valuation, loss and/or expense and the quantification of damages. He has experience of “hot tubbing” and has been instructed by tribunals as a single joint expert on a number of occasions. Peers say, “Charles is very thorough and shows a real understanding of the principles that are relevant to the case. He is able to clearly and effectively consider the facts and evidence, whilst always looking to maintain his objectivity.”
As a fellow of the Royal Institution of Chartered Surveyor (FRICS) with 30 years’ experience on major international construction and engineering projects, Liam Holder’s project involvement spans many sectors and geographies, including the UK, mainland Europe, the Middle East, Africa, Asia and South America. He specialises in the valuation of complex claims involving aspects such as valuation and measurement, delay, disruption, variations, defective works and termination claims, and he is regularly appointed as quantum expert on large international projects. Liam has served as expert advisor/witness during all phases of arbitration and litigation. He has provided written evidence to various tribunals (adjudication, dispute boards, mediation, conciliation, arbitration and litigation) and has given oral evidence on many occasions, including the provision of concurrent evidence (hot-tubbing), for the English High Court and various international arbitrations (ICSID, ICC, UNCITRAL, DIAC), as well as dispute boards, adjudications and mediations. He has given evidence in the UK, the Middle East, Europe and Canada. Liam was a member of the working group established by the RICS to write the third edition of the RICS “Guidance Note for Surveyors Acting as Adjudicators”. He is also the lead technical author for the fourth edition of the “RICS Practice Statement and Guidance Note for Surveyors Acting as Expert Witnesses”, the mandatory guidance for all RICS surveyors.
Turner & Townsend
One New Change London, EC4M 9AF Tel: +44 7738 501258 paul.greenwell@turntown.co.uk www.turnerandtownsend.com
Peers and clients say: “Paul brings clarity of presentation and thought to cases” “He has the ability to make the morass of information intelligible”
gb2 LLP
Secretariat
Adam House 7-10 Adam Street London, WC2N 6AA Tel: +44 20 7520 9330 cgurnham@gbsqd.com www.gbsqd.com
Peers and clients say: “Charles is a very experienced quantum expert who has the respect of tribunals” “He is a first-rate quantity surveyor” “Charles is an excellent expert for construction claims”
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Profiles | Expert Witnesses
England
Liam Holder (cont.)
Stuart Holdsworth
Duncan Hughes-Phillips
Liam holds an MSc in construction law and arbitration from Kings College, University of London and a BSc (Hons) degree in quantity surveying. He is a fellow of the Chartered Institute of Arbitrators (FCIArb), a chartered construction manager (MCIOB), an accredited expert witness (CUEW), a member of the Academy of Experts (MAE) and a member of the Society of Construction Law.
Stuart has extensive practical grounding in construction engineering through nine years working with contractors and consultants before setting up his own specialist engineering consultancy – Cameron Holdsworth. As director or principal for the past twenty five years he has gained experience of: all types of concrete (prestressed (which includes pre and post-tensioned concrete), reinforced and mass concrete); building cladding; steel design, including façades; steel fabrication; piling, including specification and design; façade retentions; temporary works; masonry; renovation and demolition of derelict structures; refurbishment; drainage; contract management and administration; site management and supervision; risk analysis; structural timber; geotechnical design; and ground investigation. In addition to this traditional design experience, Stuart has become a specialist in providing advice on the design and design review of more unusual structures such as moveable structures, telecommunication network infrastructure, bridges, sports stadia and tented membrane structures. He is also interested in vibration attenuation and has played a major role in the design of the raised, removable equestrian arenas for the 2012 Olympics in Greenwich Park. Throughout his career he has gained experience of litigation work including the investigation of causes of building and structural defects and the evaluation of contractual claims. More recently, he has been specialising in forensic investigation and providing expert evidence, working on large civil and criminal litigation cases. He has also provided Norwich Union with technical advice on the merits of claims involving defects in and damage to houses, including cases involving damp-proofing. His attributes include the ability to think laterally and evolve cost-effective and innovative solutions through detailed analysis of the challenges presented by a case or project.
Duncan, founder and CEO of Base Quantum, is a chartered quantity surveyor and a member of the Expert Witness Institute with almost 30 years’ experience in the engineering and construction industries. Along with ‘live’ experience working on major projects, such as the New Hong Kong Airport and the King’s Cross Station Development, he has had a long, formative career as a consultant on a diverse range of short-term, troubleshooting roles, working at all levels of the supply chain. Duncan’s experience with specialist subcontractors, provides him with an in-depth grasp of the complex minutiae of construction technology and his big project experience provides him with the ability to identify and focus on the big ticket items in a dispute. His experience gained across many, often difficult, commercial situations, provides him with an excellent skill set for his role as a quantum expert. Duncan provides detailed quantum analysis in a pragmatic and proportionate manner. He has undertaken analysis on major projects around the world, including on airports in the UK, Middle East and Africa, power stations in Africa, oil and gas projects in Australia and Iraq, and highways, hotels and holiday resorts in the UK, Asia and Eastern Europe. He has also been instructed in relation to investment treaty disputes. Alongside his experience of testifying in major international arbitrations and in the TCC, Duncan regularly accepts instructions from across the UK on smaller disputes in adjudication, litigation and other forms of alternative dispute resolution. He continues to provide hands-on advice on live projects alongside his growing team at Base Quantum. Duncan’s testifying experience includes several major, complex, high-value international arbitrations on construction projects, litigations in the TCC and in the Channel Islands.
Peers and clients say: “A fantastic expert” “I highly recommend his work”
Peers and clients say: “Duncan is incredibly hard working” “He really understands what lawyers and Tribunals need from quantum experts in big construction disputes” “He has a real attention for detail” and is “incredibly adept in cross-examination”.
Providian House 2nd Floor 16-18 Monument Street London, EC3R 8AJ Tel: +44 (0)7500 885797 lholder@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Mr Holder is world class” “He is among the best of the best in the construction market” “Liam is an excellent construction expert”
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Diales Expert Witness Services
110 Cannon St London, EC4N 6EU Tel: +44 207 377 4944 stuart.holdsworth@diales.com www.diales.com
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Base Quantum Ltd
Base Studios Aldwych House, 71-91 Aldwych London, WC2B 4HN Tel: +44 20 7043 0993 duncan.phillips@base-quantum.co.uk www.base-quantum.co.uk
Expert Witnesses | Profiles
Martin Hunter
Scott Jardine
Martin Hunter is the co-founder and a managing director of Yendall Hunter Limited based in London. He is a Chartered Quantity Surveyor with an LLB from the University of Glasgow. He has more than 30 years of experience in the construction sector, with over 20 years of experience in construction-related disputes, serving in both an advisory and expert witness related roles. He has been appointed on more than 50 occasions as an independent expert on delay and quantum matters in relation to complex construction and engineering projects globally. His experience spans power, civil engineering, defence, real estate, oil & gas, healthcare, process and renewables. In addition to complex engineering and construction matters, he has been involved in IT and software related matters and shipbuilding disputes. He has appeared as an independent expert on delay and quantum matters and given oral testimony at the High Court in London, in international arbitration (ICC/ LCIA/UNCITRAL/DIAC), mediation, DAB and adjudication proceedings, both in the UK and internationally. Prior to acting as an independent expert, he was involved in all aspects of commercial construction projects, both working for contracting organisations in the general and defence sectors and in private practice. Yendall Hunter has offices in the UK, Ireland, the US and New Zealand.
Scott Jardine is a senior managing director at Ankura, based in London. He is a chartered civil engineer with over 25 years’ experience in implementing and advising on capital projects. He has been appointed as a delay expert witness on many occasions, in both traditional engineering and IT capital project disputes, and has given oral evidence. Scott has worked for public and private sector clients advising on project delay, contract termination, contract efficiency and dispute readiness. He has undertaken detailed reviews of projects and advised clients on the strengths of the delay case and options for termination. His project experience covers a wide range of sectors including power; oil and gas; shipping; marine engineering; defence; nuclear; rail; infrastructure; education; airports; retail; high-end residential; healthcare; IT; civic buildings; and manufacturing processes in the UK and internationally. Scott has been appointed as the delay expert in the UK High Court (TCC), arbitrations (LCIA, ICC & DIAC), dispute adjudication boards (DABs) and mediations. Scott also regularly undertakes independent “merit reviews” for clients and works for insurers on delay-related insurance claims. Scott has authored expert reports and conducted analysis to determine the assessment of culpability with regards to capital project disputes, and delay and disruption cases utilising traditional and bespoke delay analysis methods. He has given oral evidence on causes of delay and delays analysis methods. Scott has advised clients on dispute preparation, including advice on consequences of terminating contracts and preparing for formal dispute proceedings; advised and assisted client project teams in the development of project controls, procurement systems and risk strategy, and in the selection of project team and contracting organisations; developed and implemented contract programme management systems for use within production teams, utilising several high-end critical path analysis software packages and bespoke database applications; and implemented the use of earned value analysis as a mechanism for project control and budget reporting.
Yendall Hunter Limited
21 Lime Street London, EC3M 7HB Tel: +44 20 3794 8498 mhunter@yendallhunter.com www.yendallhunter.com
Peers and clients say: “Martin is a very effective expert” “Mr Hunter is an expert who really knows what he’s doing in the space” “His reports are incredibly clear, concise and thorough”
Ankura
Scott was appointed as the independent delay expert witness for a DIAC arbitration on a dispute between an owner and the builder of a ship. Construction issues included delays to piping and electrical systems, additional steel weight and design changes. He was appointed as the delay expert in a dispute between a contractor and developer on a multimillion-pound high-end residential project in London. Scott’s client won the adjudication. Scott was appointed as the independent delay expert witness in litigation between a contractor and a client over the cause of delays to the construction and commissioning of a waste processing plant. Delays were caused by structural issues as well as by late commissioning of the process equipment. The case settled before trial at the TCC. Scott provided expert programming and delay advice to a consortium undertaking a prestigious £800 million infrastructure project in the UK; he assisted in managing live programme risks and extension of time claims with the client. Scott was appointed as the delay expert in a dispute between a contractor and client on a UK road project; the delay expert to independently assess the delay impacts to a defence project by external influences; and the independent delay expert witness in litigation between an SPV and an UK public sector body over the cause of delays to the construction of a group of building projects (the case settled before trial at the TCC).
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 7015 8734 scott.jardine@ankura.com www.ankura.com
Peers and clients say: “Scott is extremely professional and executes work in a very timely way with simple and clear responses” “He displays a great deal of confidence when dealing with construction issues” “He has a pragmatic approach and high-quality output”
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Profiles | Expert Witnesses
England
Mehmet Karakoc
Petros Karalis
Secretariat
Mehmet Karakoc is a managing director with Secretariat and is based in London. Mr Karakoc has 17 years’ experience in the construction industry, specialising in dispute resolution, delay and disruption analyses, contract review preparation of claims, quantum and programming matters. Through his years of experience as an engineer and as an expert consultant, Mr Karakoc has developed a detailed knowledge of construction, project management, scheduling and cost controls. In addition, he regularly delivers trainings and speaks at industry events. Mr Karakoc has been appointed as a delay and quantum expert on a number of large contentious and non-contentious international matters such as construction of a US$ multi-billion pipeline, the tallest building in Europe, the longest extradosed bridge in Europe and one of the largest airports in the Middle East. Mr Karakoc has provided written and oral testimony (along with witness conferencing) in a number of venues including international arbitration as both party-appointed and tribunal-appointed expert. Mr Karakoc’s experience spans across numerous industries including infrastructure, power, hospitals, commercial, information technology, defence systems, water structures, oil and gas and energy. In addition to UK projects, he has undertaken commissions all over the world: UAE, Russia, Germany, India, Greece, Belgium, Trinidad, Egypt, France, Turkey, Ghana, South Africa, Netherlands, Finland, Ukraine, Iraq, Seychelles, Saudi Arabia, Albania, Kazakhstan, Algeria, Nigeria, Tunisia, Hong Kong, Libya, Qatar, Colombia, Turkmenistan, Gabon, Ireland, Serbia, Oman, the US and Ecuador.
Kroll Mr Karakoc holds a BSc degree in civil engineering and a MSc in construction law and dispute resolution from King’s College. He is a member of the Chartered Institute of Arbitrators in England and Wales, Society for Computers & Law, and The Academy of Experts.
Providian House 2nd Floor 16-18 Monument Street London, EC3R 8AJ Tel: +44 786 307 6949 mkarakoc@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Mehmet is very well connected in Turkey” “His attention to detail is impressive” “He is calm and persuasive under cross-examination”
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Petros Karalis, senior director at Kroll, is a civil engineer and project manager specialising in forensic construction programming and delay analysis with over 15 years of experience in the construction industry. Petros has practiced forensic delay analysis and assessed programming, delay, and disruption matters on a wide range of projects including major roads, railways, airports, desalination plants, power plants, commercial developments and laboratories, in the Middle East, North Africa, Central Asia, South America, Europe and the UK. Previously, Petros gained extensive experience as an engineer in consultancy and contractor environments for a number of commercial, industrial, infrastructure and residential projects, with broad in-office and on-site experience in the construction industry. This mix of experience has developed him into a practical engineer, with an understanding of a wide range of design and construction issues. Petros has also worked extensively as part of project management teams providing services throughout a project’s whole life-cycle or on standalone phases of project developments. Petros holds a BSc in civil engineering from the University of Patras, Greece and an MSc in Construction Project Management from the University of Manchester, UK. He is fluent in both English and Greek.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 petros.karalis@kroll.com www.kroll.com
Peers and clients say: “Petros is a star in the construction market” “Petros has excellent technical skills in relation to delay analysis”
Expert Witnesses | Profiles
Ekrem Kaya
Gary Kitt
HKA
Ekrem is a widely experienced civil engineer with 24 years of construction industry experience. He has acted as expert witness in matters of civil engineering, delay and quantum. Ekrem’s broad experience spans the fields of construction project management, project controls, project assurance, contract management, claims management, forensic delay analysis, cost control and various forms of dispute resolution. He has worked on projects in Turkey and across Asia, Europe, Africa and the Middle East, including high-profile oil and gas, civil engineering, building and transportation projects. Ekrem also has comprehensive practical knowledge of all forms of delay analysis, specialising in the “Windows” and “Time Impact Analysis” methods; predominantly in circumstances where previous submissions based on other forms of analysis were not persuasive or successful. He is adept with all forms of planning software and has experience with a wide range of programmes used to effectively manage construction projects. Ekrem has been appointed as expert witness on numerous occasions and has been cross-examined several times, including giving concurrent evidence (hot tubbing). He has experience in complex international construction disputes, including major investment treaty (ISCID and UNCITRAL) arbitrations, and has been appointed as dispute adjudication board (DAB) chairman, and arbitrator in major construction disputes. Ekrem has also been heavily involved in the defence and rebuttal of claim submissions on behalf of contracting organisations. He specialises in the provision of strategic advice relating to claims and assessment of entitlement to additional payment in the context of delay and changed circumstances.
ARCADIS Ekrem is fluent in both Turkish and English. He conducts various seminars on issues ranging from delay analysis, quantum, risk allocation under domestic and international forms of contracts, roles of experts in dispute resolution processes and effective management of construction contracts. Ekrem is a fellow of the Chartered Institute of Arbitrators and the Chamber of Civil Engineers in Istanbul, a practising member of the Academy of Experts and is dual-qualified with an LLM in construction law and arbitration, in addition to his BS degree in civil engineering and his MSc degree in geotechnical engineering.
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 ekremkaya@hka.com www.hka.com
Peers and clients say: “He has practical knowledge of big-ticket construction projects” “Mr Kaya brings impressive technical expertise regarding power plant issues to cases” “Ekrem has a strong practice and network in the space”
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Gary is a partner at Arcadis LLP and is a highly experienced dispute resolver and head of the Arcadis Contract Solutions capability, based in London. He works with leading domestic and international construction and engineering clients to avoid mitigate and resolve disputes. His clients benefit from insight gained over decades in senior positions with both contractor and consultant organisations and his broad range of sector experience. He is a chartered quantity surveyor, chartered builder and chartered arbitrator with over 36 years’ experience in the construction and engineering industries. Gary also has a master’s degree in construction law and arbitration from King’s College London where he was awarded the Philip Ranner prize. Over the past 20 years, he has been extensively involved in the provision of expert witness and claims services in connection with major building and engineering disputes.On numerous occasions, Gary has provided both oral and written expert evidence on quantum and has regularly been cross-examined by leading counsel in both the TCC and in arbitration hearings. He has also provided concurrent expert evidence or “hot tubbing” in arbitration hearings. Gary has also been appointed as single joint expert in quantum in TCC proceedings.
80 Fenchurch Street London, EC3M 4BY Tel: +44 7826 535 499 gary.kitt@arcadis.com www.arcadis.com
Peers and clients say: “Gary is a very strong expert” “He is extremely experienced of complex construction claims” “Mr Kitt is a go-to name in domestic UK cases” 81
Profiles | Expert Witnesses
England
Carlos Loayza
Wendy MacLaughlin
Stuart Macdougald-Denton
Carlos Loayza is a senior director at Delta Consulting Group based in London. He brings more than 20 years of construction and litigation experience, with primary areas of concentration in planning and programming, and delay analysis. Mr Loayza has worked with clients on projects in South America, Middle East, Asia, Africa, Oceania, and Europe. During the last 14 years, Mr Loayza has provided advice to project owners, contractors, subcontractors, funders, consultants, and other stakeholders in relation to delay and disruption to major capital projects in both the public and private sectors both in the UK and internationally. Mr Loayza has experience across a broad range of project sectors including power generation, real estate, oil and gas, transport infrastructure, offshore construction, shipping, government, and public sector projects. Mr Loayza has been repeatedly appointed as expert witness in relation to delay and disruption aspects of project disputes in adjudication, international arbitration, and litigation and has given written and oral testimony (in person and virtually) multiple times before the High Court of England and Wales (TCC), and in international arbitration (both in English and in Spanish). Mr Loayza is a civil engineer and has previously gained practical experience working for an energy infrastructure construction contractor in South America where he specialised in the construction of transmission lines, power plants and substations. Mr Loayza was involved in all aspects of those construction projects from initial estimating and procurement, through planning and delivery. Delta Consulting Group is an international consulting firm of multi-disciplined professionals in engineering, accounting, finance, economics, construction, project management, and litigation support.
Wendy is a senior partner at gb². She is a chartered civil engineer and a member of the Institution of Civil Engineers. She has over 25 years of experience in the engineering and construction industry, specifically on major projects in the power sector during her time with Arup, in both site-based roles and project office roles. Her years working as a consulting civil engineer provides her with a sound basis for her primary role as a programming and delay expert. Wendy specialises in delay analysis and is known for her pragmatic and proportionate approach to her analyses, and her keen eye for detail. She has undertaken analyses on major projects around the world in most sectors. These include power stations in South East Asia, MENA, South America and Europe; oil and gas projects in the UK, Saudi Arabia, Egypt, South Africa and Australia, rail systems (heavy rail, light rail, rapid transit), roads and highways projects in the UK, Romania, East Africa, Middle East and Australia and large-scale mining projects in Australia. She was cited in WWL: Construction 2016 as an “intellectually rigorous authority”, in 2017 as “able to explain the complexities of her analysis to lay people in an accessible and persuasive manner, and everything you would expect of an expert” and in 2018 as “awesome on the delay side” and a “delay superstar”.
Stuart is the global managing director of Diales’ technical expert witness services, which covers architecture; civil and structural; power and environmental (waste to energy); mechanical, electrical and plumbing; oil and gas engineering; and defective construction materials. Stuart has over 30 years’ experience in architectural practice and with key contractors, designing and/or delivering a diverse range of projects, including the Stirling Prize-winning Sainsbury Laboratory in Cambridge; neurological sciences labs and other FE projects; 30 PFI and framework schools; swimming pools; offices; cardiothoracic, A&E and mental health hospitals; residential/student accommodation; a 1,480-cell prison; buildings on oil refineries and an aluminium plant; and defence and retail projects. He has taken projects from inception to completion (RIBA stages A-L/0-6), and has been extensively involved in reviewing employers’ requirements, value engineering solutions for tenders, developing D&B proposals for construction and harnessing BIM in construction delivery. Stuart sat on the RIAS’ contracts/appointments and insurance/liability committees, and was retained to provide contractual/appointment advice to other architects. He has negotiated novated consultant appointment scopes; standardised a contractor’s consultant appointment scopes and design responsibilities matrix; and rewrote their pre-construction and construction processes. Stuart has been an expert in over 200 disputes, has been cross-examined on several occasions, and has received praise from various members of the legal profession, including Fiona Sinclair QC, 4 Pump Court: “Well done on the... settlement by the way. It is rare that such high offers are made so early in a dispute and that was, in very large measure, due to your own extremely impressive work.”
Delta Consulting Group
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gb2 LLP
Marlow House 1A Lloyd’s Avenue London, EC3N 3AA Tel: +44 (0) 204 566 8313 cloayza@delta-cgi.com www.delta-cgi.com
Adam House 7-10 Adam Street London, WC2N 6AA Tel: +44 20 7520 9330 wmaclaughlin@gbsqd.com www.gbsqd.com
Peers and clients say: “He is a standout delay analysis expert” “He is very neat in his methodology and is able to explain complex issues in a way that legal practitioners understand without problem” “A go-to expert in construction matters”
Peers and clients say: “Wendy is one of the best delay experts in the world!” “She is very quick in understanding delay matters, which impresses a lot of her clients” “She explains the most complex delay issues in easy-to-understand graphics” whoswholegal.com
Diales Expert Witness Services
110 Cannon St London, EC4N 6EU Tel: +44 7468 860858 stuart.macdougald-denton@diales.com www.diales.com
Peers and clients say: “He explains technically complex matters in a straightforward, to-the-point manner” “His track record is particularly impressive”
Expert Witnesses | Profiles
Ewen Maclean
Franco Mastrandrea
Ewen Maclean, managing director at Kroll, is a chartered civil engineer (FICE and FCIArb) and a prominent testifying expert in the field of forensic delay and disruption analysis for construction and engineering projects across the globe. Having initially worked for international consultants and contractors, Ewen has over 30 years of experience, and has assisted and represented clients in litigation, arbitration, mediation and adjudication, both for claimants and respondents. Ewen has been appointed as an expert witness on multiple occasions and has lectured extensively on various commercial and contractual subjects within the construction industry. Speaking appointments have included domestic and international conferences on a range of topics including delay and disruption methods of analysis, the expert witness, technology and prospective versus retrospective analysis. Ewen is well versed in many of the standard forms of construction contract including NEC, FIDIC, JCT, ICE, and GC works conditions as well as bespoke forms of contracts including PFI contracts. His experience portfolio spans, inter alia, major building and infrastructure projects, including airports, bridges, civil engineering, energy (HEP and waste to energy), fit-out works, FPSOs, guided busways, highways, mechanical and electrical installations, mining, mixed-use developments, petrochemical including oil and gas and LNG, pharmaceutical, piping, power stations, railways, sewage, structural steelwork, telecommunications and cabling and tunnelling. Ewen is a fellow of the Institution of Civil Engineers; a fellow of the Chartered Institute of Arbitrators; and a fellow of forensic analysis with the Guild of Project Controls.
Franco is a chartered quantity surveyor and chartered arbitrator with over 40 years of experience in the construction industry. He has acted as expert on more than 50 international project management, delay and quantum-related disputes. Franco’s expert commissions cover a wide range of industries including oil and gas in Australia, Canada, Kazakhstan, North Africa and South East Asia; transport infrastructure in the Caribbean and the UK; power generation, from CCGT to windfarms, in the UK; and numerous building and infrastructure projects around the world. Franco is widely regarded as an expert who is both well qualified and highly experienced in complex construction issues. He is able to effectively identify the key issues of principle in construction appraisal disputes and provide clients with greater clarity as to project performance. Franco combines management, construction and legal knowledge enabling him to deliver balanced opinions on the performance of those involved in those projects, and objective appraisals of the appropriate or likely outcomes. From London to Australia and Canada to Antarctica, Franco has extensive and diverse dispute resolution expertise. With an established record in drafting, interpreting and applying commercial terms in contracts, he successfully combines both knowledge and experience under traditional cross-examination and hot-tubbing.
Kroll
HKA
Franco holds a doctorate that addresses the law, practice and quantification of construction claims; is a CEDR accredited mediator; appears on the RICS register of Dispute Board Members and the FIDIC President’s list of adjudicators; he is a Chartered Arbitrator and appears on arbitrator lists maintained by RICS and international arbitration centres in Dubai, Hong Kong and Singapore. He has written extensively on the evaluation of construction claims and is listed in Who’s Who Legal: Construction 2016 as a ‘distinguished expert’ who is ‘an unflappable witness that stands up well to cross-examination’.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 ewen.maclean@kroll.com www.kroll.com
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 francomastrandrea@hka.com www.hka.com
Peers and clients say: “Ewen is easy to work with and possesses impressive industry knowledge” “His engineering background means that he completely understands the construction issues and their interrelation to his scheduling analysis”
Peers and clients say: “Franco is definitely one of the top quantum experts for any large complicated project” “He is masterful in his testimony” “He gives strategic advice that is well balanced and, incorporates practical, legal and technical considerations”
whoswholegal.com
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Profiles | Expert Witnesses
England
Timothy McGoldrick
Michelle Metz
John Mullen
Tim is a widely experienced quantity surveyor with over 40 years of construction industry experience. He has worked as a consultant for more than 32 years and has acted as quantum expert on 38 occasions. Tim provides pre- and post-contract advice, negotiating contracts and preparing and defending claims to delivering dispute management services. These services have been provided on a wide range of projects, principally marine, power, process, petrochemical, and shipbuilding, in the United Kingdom and overseas. He has supported employers, contractors, subcontractors and consultants. Tim has extensive international experience and has been based in Indonesia, Japan and Australia, as well has having undertaken numerous shortterm commissions in Europe, the Middle East, Asia, Australia and Canada. Tim is also very experienced at leading and managing large teams of consultants in the preparation and defence of claims and in support of his expert appointments. He has been cross-examined on eleven occasions including giving concurrent evidence (hot-tubbing), in both litigation and arbitration proceedings, for disputes of up to US$1.2 billion in value. Tim lectures extensively on various matters relating to claims and commercial management. He has considerable knowledge and experience of all of the main standard forms of contract and has written for various industry publications.
Michelle Metz is a planner by training and has over 30 years of experience in the construction industry. She has worked on a wide range of projects, acted as delay expert and expert assistant on multiple occasions. Michelle has acted as expert, or expert advisor, on complex projects in dispute. This experience has been gained on a range of projects including the construction of pharmaceutical facilities, LNG refineries, power plants, rolling stock, roads, rail, tunnelling, airports and building projects. She has experience as a party appointed delay expert and has given oral evidence to arbitral tribunals in Hong Kong and in Poland. Michelle’s site planning experience includes major highways, complex oil and gas projects, complex rail, rolling stock and high-rise tower block projects and commercial fit-outs across Asia, Europe, Canada and the UK. She is able to draw on her strong planning background to both assist and advise clients on matters of delay to construction and engineering projects. Michelle also provides advice on the preparation of master programmes, associated updates and reviews, the management of time risks and extension of time assessments. Michelle has presented at various seminars, on the subjects of scheduling, delay analysis methodologies, programming challenges and role of the Expert across Europe, Asia and Australia.
John Mullen is a chartered quantity surveyor and civil engineering surveyor with over 40 years’ experience across buildings, infrastructure, civil engineering, energy, oil and gas and process projects. He was one of the founders of Driver Group and is now a main board member. As one of the world’s leading quantum experts, he has had over 70 expert witness appointments in many different jurisdictions across the world, including, Africa, the Americas, Europe, the Middle East and the United Kingdom. Matters appointed on have ranged in value up to US$2.75 billion in dispute. John has been cross-examined on many occasions, several times in the hot tub. He has been cross-examined by specialist construction senior counsel, including some of the UK’s top specialist Queen’s Counsel. Evidence has been given to tribunals including some of construction’s most eminent judges and arbitrators. John is co-author of the books Evaluating Contract Claims and The Expert Witness in Construction. He is recommended in WWL Thought Leaders (2018 and 2019), WWL Global Elite Thought Leaders (2019 and 2020) and WWL Global Leaders Arbitration Expert Witnesses 2022.
Diales Expert Witness Services
110 Cannon St London, EC4N 6EU Tel: +44 1706 223999 tim.mcgoldrick@diales.com www.diales.com
Peers and clients say: “You know you’re in a safe pair of hands when Tim is your expert” “He is great on large-scale, complex cases”
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HKA
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 1928 756 600 michellemetz@hka.com www.hka.com
Peers and clients say: “She works well with clients and handles relationship management very well” “Her reports really get into the detail and are incredibly well written”
whoswholegal.com
Diales Expert Witness Services
110 Cannon St London, EC4N 6EU Tel: +44 7989 539 972 john.mullen@diales.com www.diales.com
Peers and clients say: “John is an extremely good expert” “Mr Mullen is a leading name in quantum analysis and an individual you learn from” “He is an excellent international quantum expert”
Expert Witnesses | Profiles
Derek Nelson
Roger Nutland
HKA
Derek Nelson is a fellow and current chairman of the Academy of Experts, having acted as expert determiner, adjudicator, mediator and panel member of the Chartered Institute of Arbitrators’ business arbitration scheme, with extensive experience as an independent expert witness in litigation and domestic and international arbitration. A chartered quantity surveyor and a chartered engineering surveyor and commercial manager, Derek is an accredited and certified expert witness, an accredited mediator and accredited expert determiner. His experience covers 40 years in the construction industry. Derek is frequently retained to prepare independent expert witness reports in construction and engineering disputes in litigation, arbitration, adjudication and conciliation. He is an accredited expert and fellow with both the Academy of Experts and the Royal Institution of Chartered Surveyors, as well as a certified expert witness through Cardiff University and Bond Solon, who has been appointed in the role of independent expert witness on over 70 occasions, addressing issues in combination of delay, quantum and disruption and the interaction of the same and has testified in both court and arbitration proceedings on such matters on over 20 occasions, including giving concurrent evidence. He has successfully acted on behalf of both referring and responding parties in a number of adjudication referrals under statutory provisions in the UK, Singapore and Malaysia, and internationally in connection with dispute adjudication and dispute review boards and is accredited as an expert determiner with The Academy of Experts. Derek is a contributing author to Delay and Disruption in Construction Contracts, fifth edition, first supplement, chapter 17, ‘Disruption To Progress And Lost Productivity’.
ARCADIS To date, Derek’s geographical experience includes Belgium, Belize, China, Denmark, Finland, Germany, Hong Kong, India, Indonesia, Ireland, Italy, Japan, Lao, Malaysia, Philippines, Poland, Portugal, Russia, Singapore, Slovakia, Sri Lanka, Sweden, Taiwan, Thailand and Vietnam. He has a strong reputation with peers and clients alike, who say “Derek’s professionalism and thoroughness in evaluation and analysis are second to none” “He is all you would want in an expert - a true master”, who go on to note that Derek Nelson is highly recommended for “the great clarity of his presentation - difficult concepts are put across in an understandable way”. Derek is recognised for “the breadth and depth of his experience”. Derek “performs well under cross-examination” according to respondents, who praise his “clear and well-researched reports”. The “impressive” Derek Nelson is a “much respected” figure in the market, commended by respondents for his outstanding work dealing with quantum, delay and disruption disputes. The “highly respected” Derek Nelson is recognised for his “depth and breadth of technical know-how and industry experience” when it comes to complex construction disputes. Derek Nelson has a broad international practice and impresses peers with his “high- quality reports, well-substantiated conclusions and excellent performance under cross-examination”. Derek Nelson “performs well in cross-examinations” and offers “professional and consistently high-quality work” whilst referred to as “usually the quickest to comprehend the crux of a matter and from there he offers and communicates the practical options or solutions”. Derek is “a gifted quantum expert” that is commended for his “vigilance” during construction disputes. Nelson’s technical background coupled with his “intimate knowledge of international construction law and arbitration hearings” ensure that he is “highly sought after” to testify in disputes.
2nd Floor 100 Victoria Embankment London, EC4Y 0DH Tel: +44 20 7618 1200 dereknelson@hka.com www.hka.com
Peers and clients say: “Derek has remarkable clarity of thought and expression” “He has an excellent sense of how the expert issues fit within the overall case” “In giving oral evidence and under cross-examination, he is clear, precise and assured”
whoswholegal.com
Roger is a partner at Arcadis LLP and is part of the leadership team responsible for Contract Solutions, a business unit within Arcadis specialising in the provision of expert witness services, forensic support, risk management, dispute avoidance and resolution services, strategic contractual advice and project controls. He is a chartered quantity surveyor and chartered builder, with more than 35 years’ experience across the construction and engineering industries. Roger is experienced in commercial management, final account negotiation and the preparation and defence of contractual claims and works with leading domestic and international construction and engineering clients to avoid, mitigate and resolve disputes. He has given expert evidence on quantum matters, has cross-examination experience in both the TCC and in arbitration and is very well versed in varying forms of dispute resolution. His clients benefit from insight gained over decades in senior positions with both contractor and consultant organisations and his broad range of sector experience. Over the past 15 years, he has been extensively involved in the provision of expert witness and claims services relating to quantum matters, in connection with major building and engineering disputes.
80 Fenchurch Street London, EC3M 4BY Tel: +44 7885 115918 roger.nutland@arcadis.com www.arcadis.com
Peers and clients say: “Roger is a construction expert who provides clients with great skill and presence” “He ensures effective analysis of the issue at hand” “He has a wide range of knowledge which allows him to foresee issues” 85
Profiles | Expert Witnesses
England
Seamus O’Doherty
Ian Osbaldeston
Rob Palles-Clark
Seamus O’Doherty is a London based Director in BRG’s Construction Practice. He is a chartered quantity surveyor, chartered builder, adjudicator, arbitrator and mediator with nearly 30 years of experience in commercial and project management and related disciplines. Seamus is regularly appointed as an independent quantum expert in construction and engineering disputes. He also assists clients with litigious matters in the formulation of strategy, preparation of documents and case presentation in adjudication, arbitration, and litigation in the UK and abroad. He has worked for engineering and construction companies, consultancies, and client organisations on projects in various countries including the UK, Ireland, Germany, Russia, Ukraine, Mexico, USA, India, China, and the Middle East. Seamus has provided cost planning, estimating, procurement, contract, claims (typically related to delay and disruption, loss and expense and final accounts) and commercial management on a broad range of projects including rail, metro, power, steel plants, pharmaceutical oil and gas, airport, bridge, commercial, residential, civil, educational, health and industrial. He has worked with standard and bespoke main contracts and sub-contracts including NEC, JCT, FIDIC, ICE. Seamus is also regularly appointed as a dispute resolver and is a panel member of the RICS President’s Panel of Construction Adjudicators, UK Adjudicators, the CIC Low Value Disputes Adjudication Scheme, the CIArb Business Arbitration Scheme and is a CEDR ADR Official. He is a Liveryman of The Worshipful Company of Arbitrators.
Ian Osbaldeston, managing director at Kroll, is a chartered quantity surveyor and quantum expert with over 25 years’ experience in main contracting, consultancy and acting as an independent quantum expert witness. He is a member of the Academy of Experts and has been appointed as an independent expert witness over 30 times. He has provided oral testimony on 16 separate occasions in arbitrations under the UNCITRAL, LCIA, ICC, DIAC and ICSID rules. Highly regarded in the profession for his clear and focused approach, he has a proven track record in delivering construction consultancy services to clients across the supply chain. As well as expert testimony, Ian also provides independent advice to states, governments, EPC contractors and subcontractors on live projects to avoid, mitigate and resolve disputes. Having previously lived and worked in the Middle East and North Africa (MENA) region for many years, Ian has extensive experience in the commercial issues encountered on major programmes of work. This includes the valuation of disputed variations, extension of time, terminated works, the financial impact of late payment, and the financial impact of non-project related overheads. His sector experience is wide ranging and has included the administration of projects based on major forms of contract such as FIDIC EPC, NEC, IChemE, ICE and JCT. Ian is particularly experienced in complex Infrastructure, oil and gas, process and power projects as well as projects in sectors such as IT special airport systems, rail, nuclear, water, marine, aviation, and luxury commercial and residential properties.
Rob Palles-Clark, managing director at Kroll, is a quantity surveyor and quantum and delay expert with over 35 years of experience in the construction and engineering industry. He has extensive experience of major building, civil engineering, highway, marine, railway, petrochemical and water projects throughout the UK, Europe, the Middle East and other international locations. Rob has had over 60 appointments as an independent quantum and/or delay expert witness, including several high-profile, billion-dollar cases. He has twice given expert evidence in the Technology and Construction Court (TCC) on quantum and programming matters. He has been cross-examined both as a delay and a quantum expert in international arbitrations on many occasions, has experience of “hot-tubbing” and he has extensive experience of adjudication and mediation. Rob’s experience as a quantity surveyor has involved the pre-contract and post-contract financial administration of commercial projects, and extensive experience in delay and cost claim preparation, analysis, management and resolution. He has also advised clients about best practice procurement and procurement procedures and has drafted several procurement guides for the UK Government. Rob sits as an adjudicator on adjudicator panels for three distinguished bodies: the Royal Institution of Chartered Surveyors (RICS); the Technology and Construction Solicitors’ Association (TeCSA); and the Royal Institute of British Architects (RIBA).
8 Salisbury Square 8th Floor London, EC4Y 8AP Tel: +44 20 8068 4780 sodoherty@thinkbrg.com www.thinkbrg.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 ian.osbaldeston@kroll.com www.kroll.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 rob.pallesclark@kroll.com www.kroll.com
Peers and clients say: “Seamus a brilliant expert” “He is able to explain complex issues in a simple manner” “He has vast construction experience both UK, Ireland and internationally”
Peers and clients say: “Ian is consistent and precise in his approach” “He has a quick understanding of the relevant issues” “Ian has a methodical, rational approach to his work”
Peers and clients say: “Rob is great at both quantum and delay analysis” “He is the best quantum expert I have worked with” “Tribunals trust him and rightly so”
Berkeley Research Group
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Kroll
whoswholegal.com
Kroll
Expert Witnesses | Profiles
Sarah Pattinson
Joanne Prior
Stephen Sandles
Sarah is a senior partner at gb². She is a chartered quantity surveyor and member of the RICS with almost 25 years of experience within the construction industry. Sarah specialises in the provision of independent expert opinion in the fields of quantity surveying, cost engineering, measurement, procurement advice, valuation of works, variations, prolongation, disruption and acceleration. Sarah’s experience includes complex engineering and infrastructure projects such as airports, roads, process plants/mining facilities, offshore wind farm installations and onshore fabrication contracts, oil and gas plants and installations, highways and over-ground rail. She has worked for clients, contractors, subcontractors and in private practice in most sectors of the construction and engineering industry. Sarah has experience of working with various forms of contract including FIDIC and NEC, the JCT suite of contracts, IChemE and ICE forms of Contract. Sarah has experience of many forms of procurement including design and build, traditional bills of quantities, construction management, cost reimbursable and bespoke forms of contract. Sarah has been appointed to provide independent expert quantum advice to court and international arbitrations on numerous occasions and has testified in arbitration hearings in Oman, Dubai, London and Geneva and in the High Court of Trinidad and Tobago.
Joanne Prior, managing director at Kroll is a Chartered Quantity Surveyor with over 30 years of experience in the construction industry. Joanne is regularly appointed as a quantum expert on large, complex international construction and engineering projects. She has considerable testifying experience and has given evidence in the Technology and Construction Court (TCC) and in numerous arbitration hearings in the UK and internationally. Joanne has worked on a wide range of projects in the UK, Europe, Africa, Australia, Far East and the Middle East and has expertise in the analysis and quantification of construction claims on major building, highway, rail, process and energy contracts. Joanne holds a BSc (Hons) degree in Quantity Surveying, a Masters Degree in Business Administration and Postgraduate Diplomas in Law and Arbitration. She is a Fellow of the Chartered Institute of Arbitrators and sits as a RICS Assessment of Professional Competence (APC) Assessor.
Adam House 7-10 Adam Street London, WC2N 6AA Tel: spattinson@gbsqd.com www.gbsqd.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 joanne.prior@kroll.com www.kroll.com
Stephen Sandles is a Managing Director at Ankura with 15 years’ quantity surveying experience in the construction industry, working for contractors and consultants and is a fellow of the Chartered Institute of Arbitrators. He has currently based in London, with projects worked on in the UK, Europe, Middle East and Australia. Stephen has been directly involved in projects for government organisations, developers, contractors, and utility network operators over a wide range of schemes including power, oil and gas (onshore/ offshore), FPSOs, civil engineering, transportation, residential and commercial property, covering feasibility studies, pre-tender documentation, cost management and claims using all major forms of contract. Specialising in dispute resolution, Stephen has been involved in multiple large-scale disputes including ADR, adjudication, litigation and arbitration and is regularly appointed as quantum expert and assisted on expert witness reports for high profile disputes. Stephen’s professional experience includes working on various pipelines in England, the Middle East, and Australia. He was appointed by a system operator as pre-action expert adviser on a multi-million termination dispute on an NEC3 Option C contract; served as lead assistant valuing substantial variations and assessing delay and disruption in connection with the delivery station within an LNG Plant; has undertaken measurement and valuation of a multi-billion oil pipework dispute; has assessed the quantum on a multi-million dispute concerning LNG facilities. Stephen has also provided advice on buildings and infrastructure projects. He prepared an expert advisor report for a multi-million complex defects remedial scheme to the façade of a landmark building, he successfully negotiated the settlement of historical disputed claims on the construction of a multi-million underground rail service control centre and was appointed quantum expert on a three-person panel to independently review and assess entitlement for a multi-million dispute on a mixed-use development in Doha comprising delay and disruption claims.
Peers and clients say: “Sarah is an outstanding expert” “She shows real strength under cross examination” “Sarah really gets into the detail and is on top of every detail”
Peers and clients say: “She is the leading quantum expert in arbitration in my view” “My expert of choice” “Joanne is very calm, diligent and fair in her approach”
gb2 LLP
Kroll
Ankura
whoswholegal.com
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Profiles | Expert Witnesses
England
Stephen Sandles (cont.)
Mamas Stavrou
Stephen has extensive experience on power projects, including, successfully negotiating a settlement of a complex and sensitive multi-million mechanical and electrical infrastructure scheme concerning safety-critical 400 kV cable cooling, the settlement of a complex dispute between a specialist contractor and an alliance on a multi-million cable installation scheme on a 400 kV power station, preparation of expert reports on several biomass construction projects. Prior to consulting work, Stephen has been involved in numerous large-scale construction projects where he worked in a traditional contract environment to deliver a 400 kV cable installation across 32 km of tunnels in London; worked within an alliance to deliver a mechanical and electrical 275 kV cable cooling scheme in pumping stations and canal-side troughs; assisted the interim construction management team on the bespoke procurement of the luxury mixed-use development, Chelsea Barracks and assisted in the mixed-use development Great West Quarter, comprising listed refurbishments, commercial and residential blocks. Stephen is recognised as being personable, commercial and solutions-oriented by his clients. He has a passion for technical research and acts as a dissertation supervisor to students on the MSc Construction Law and Dispute Resolution course at Kings College London.
Mamas Stavrou is a managing director at Ankura, based in London. He is a chartered quantity surveyor with more than 25 years’ experience in the construction industry, now specialising in construction dispute resolution. He is a fellow of the Royal Institution of Chartered Surveyors, a fellow of the Chartered Institute of Arbitrators, and a Bond Solon-accredited expert witness. Mamas is regularly appointed as expert witness on quantum and has testified in the Technology and Construction Court, in international arbitration, and in dispute board hearings. He is recognised as a leading expert in WWL: Construction. Mamas’ professional experience includes expert reports and testimony on quantum in an ad hoc arbitration relating to a major waste water network and sewage treatment project in Oman. The amount in dispute was $90 million and concerned assessment of sums claimed in relation to alleged variations, delay, disruption, and loss of opportunity. He also provided expert reports and testimony on quantum in a $50 million dispute in South African rules arbitration. The dispute involved assessment of the impact on equipment and labour from major scope changes and costs properly due to the claimant after termination of its contract for civil engineering and earth works on a mining project in Africa. The assessment predominantly entailed the analysis of equipment utilisation and the audit of equipment costs and third-party equipment supplier agreements. Mamas provided expert reports and testimony on quantum in dispute concerning a 400MW combined cycle gas turbine power plant project in Latvia. The dispute concerned the assessment of costs arising from changes to equipment transportation requirements and restrictions from delays caused to the delivery of equipment and from delays caused to the commissioning process.
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 7015 8731 stephen.sandles@ankura.com www.ankura.com
Peers and clients say: “Stephen is a highly respected and experienced quantum expert who consistently delivers analysis of complex quantum issues with clarity and quality” “When presented as evidence, his analysis has stood up to scrutiny and found to be highly persuasive” 88
Ankura
He also provided expert reports and testimony on quantum in the High Court in London (TCC) in Greenore Port Ltd v Technical & General Guarantee Company. The matter related to the assessment of costs properly due to the claimant in respect of the completion of port refurbishment and marine dredging works following replacement of the original contractor. He was the lead assistant in the preparation of expert evidence on quantum in a $900 million dispute in ICC arbitration relating to the construction of a 540km LNG pipeline, receipt station, and associated mainline valves in eastern Australia. This involved examination and assessment of the impact on equipment and labour from delays, disruption and prolongation caused by variations to welding procedures and other major variations. The assessment entailed labour and equipment productivity analyses; audit of staff and labour costs and employment agreements; audit of equipment costs and equipment supply agreements; and audit of internal charging arrangements and accounting systems. He was also the lead assistant in the preparation of expert evidence on quantum in a $100 million dispute in ICC arbitration relating to the construction of a nickel slurry pipeline project in Africa. This required assessment of the impact on labour and equipment arising from unforeseen ground conditions and late changes to cut and fill and reinstatement activities. Mamas was the expert adviser undertaking peer review of the appointed quantum expert’s reports and analyses, and assisted the legal team, appointed on behalf of the lead joint venture partner, to assess the quantum for discrete aspects of the case. The claims related to delay, disruption and additional costs incurred as a consequence of termination, notably increased construction costs due to changed construction methodology arising from programme re-sequencing.
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 020 7015 2369 mamas.stavrou@ankura.com www.ankura.com
Peers and clients say: “Mamas is able to quickly identify the key issues and data requirements” “He conducts thorough interrogations of the information in cases” “He is able to present an objective and independent opinion in a clear manner to audiences”
whoswholegal.com
Expert Witnesses | Profiles
Michael Stokes
Keith Strutt
Ankura
Michael Stokes is a senior managing director at Ankura, based in London. He is an internationally recognised quantum expert, with more than 30 years of experience in the construction industry. Michael has worked across all industries, but his core areas of expertise include rail (systems and rolling stock); power and process plants; pipelines; offshore platforms; stadia; major commercial buildings, including high-rise; and major infrastructure projects including ports, highways, tunnels and airports. He is regularly appointed as an independent expert on complex and high-value disputes. His core discipline is quantum, but he has also provided effective evidence in relation to delay and the standard of performance of quantity surveyors and project managers. Having been instructed in arbitration or litigation on 60 occasions, Michael has testified in a number of forums and jurisdictions including the UK, France, Denmark, the UAE, Qatar and Australia. Michael was recently appointed on behalf of the government project sponsor as quantum expert in connection with 350km water pipeline and well field (55 production wells) project dispute. He provided independent evidence in UNCITRAL proceedings regarding all quantum aspects of the case, including valuation of variations, delay, disruption, and acceleration; and he testified at a hearing in Paris. He was also appointed on behalf of the contractor as quantum expert in connection with a 530km, 42-inch diameter gas pipeline project dispute. He provided independent quantum evidence in ICC proceedings regarding all quantum aspects of the case, including valuation of variations, delay, disruption, and acceleration, as well as a quantum meruit claim; and he testified at a hearing in Australia, giving concurrent evidence. Michael was appointed as quantum expert on behalf of the plant owner of a new 5000 TPD cement plant in Qatar. Claims related to unpaid certificates, variations and prolongation, and other delay-related claims and counterclaims, with total sums in dispute in excess of US$100 million. He testified at an ICC arbitration hearing in Qatar, giving concurrent evidence.
Diales Expert Witness Services He was appointed as quantum expert on behalf of the Yard in connection with a claim related to the world’s largest wind assisted yacht. The claims related to the proper valuation of the works, and he testified at a hearing in London. He was appointed as a quantum expert in an ICC arbitration in connection with a container port expansion project in the Middle East. Complex quantum issues arose regarding substantial costs to complete and the terminated contractor’s damages. Claims and counterclaims totalled circa US$50 million. He testified at a hearing in London. He was appointed as quantum expert on behalf of a major subcontractor providing all the flexible pavement works on a major new highway in Qatar. Issues related to method of measurement, materials quantities, delay, and disruption costs. He testified at an ICC hearing in Qatar, and the claims were valued at circa £35 million. He was appointed as quantum expert in connection with specialist airport services package on a major international airport expansion project in the Middle East. High-value claims related to disputed variations and contra charges, prolongation, and complex disruption. He testified at DIAC hearing, giving evidence concurrently.
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 7015 2379 michael.stokes@ankura.com www.ankura.com
Peers and clients say: “Mr Stokes is the absolute best I have ever worked with” “He has a phenomenal appetite for detail” “Michael is an outstanding expert”
whoswholegal.com
Keith has over 40 years of experience in the engineering and construction industries. He has worked in several sectors of construction including buildings, civil engineering and rail; and has worked extensively on the preparation and defence of contractual claims in these sectors, as well as in connection with oil and gas fields, petrochemical and refinery projects, process plants, power plants, and mining projects, as an expert. Keith’s work includes construction management and client advisory (contract and commercial) work, as well as acting lead negotiator, funder’s project representative and expert, in management and cost of projects in excess of $200 billion, and formal dispute negotiations in excess of $60 billion. He has testified in formal disputes in excess of $7 billion. Keith has acted as party and court-appointed joint expert on several engineering and construction disputes. He has been appointed as party expert in connection with the time and cost management of upstream oil and gas field developments, rail infrastructure, and power infrastructure and generation disputes. Other project examples include offshore and onshore wind; a water treatment plant; a diesel refinery; offshore oil rig drilling operations; a redevelopment of three gold mines, a gas turbine and combined cycle power plants; as well as petrochemical and alcohol process plants. Keith has been appointed to provide advice on the administration of live projects; dispute avoidance; risk management; procurement; interpretation of technical and process elements of construction contracts; project management structure; and strategy. Keith also provided technical and commercial advice as well as lead negotiation support to the minister of state for oil and gas of a prominent CIS republic during the renegotiation of production sharing agreements, dispute settlement negotiations and formal disputes.
110 Cannon St London, EC4N 6EU Tel: +44 207 377 4944 keith.strutt@diales.com www.diales.com
Peers and clients say: “Keith is a really strong delay expert” “He impresses clients and counsel in the witness box” “His analytical skills are particularly strong”
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Profiles | Expert Witnesses
England
George Taft
Tim Tapper
Secretariat
Mr Taft is a Fellow of the Royal Institution of Chartered Surveyors and a managing director of Secretariat, based in the UK, but engaged on matters throughout the world. He specialises in providing independent expert advice on construction projects in the areas of quantum analysis including cost assessments relating to productivity/ efficiency, prolongation, escalation, final account evaluation; and cost planning, procurement and contract valuation mechanisms. Mr Taft has 32 years of experience in the construction industry advising clients on issues involving a wide spectrum of commercial issues. He has been engaged as a quantum expert on some of the world’s largest and most high-profile projects. He is typically appointed on large construction disputes with complex quantification issues. His areas of expertise include costs of major building construction, power generation, petrochemical and civil engineering, including piling, dewatering, pipelines tunnelling, rail, concrete and steel structures, together with large-scale earthworks and offshore and marine works. Mr Taft has been cross-examined on numerous occasions in a range of dispute processes (particularly international arbitration and litigation in the English High Court) and has also had wide experience of witness-conferencing. His experience as a practitioner indifferent areas of the construction industry, whilst working for both contractors and employers, has enabled him to provide valuable insights when acting as a quantum expert or when advising on the resolution of or avoidance of disputes. Mr Taft is regularly appointed as a quantum expert on a wide range of major construction disputes throughout Europe, Asia, Africa and the Americas. He often acts as a party-appointed expert but has also been engaged as an independent assessor by tribunals or dispute boards for example, on the Panama Canal Expansion and the Bosphorus Crossing.
Turner & Townsend Mr Taft also frequently acts as expert adviser to clients outside of formal dispute processes; and also independent auditor on behalf of banks and donors supporting investment on programmes such as the Chernobyl New Safe Confinement project. He provides clients with forensic quantum analyst services; consultation during alternative dispute resolution processes; claim assembly, defence and negotiation; pricing / benchmarking and advice on valuation methodologies.
1310 Solihull Parkway Birmingham Business Park Birmingham, B37 7YB Tel: +44 7810 850 109 gtaft@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “George is an incredibly strong and reliable expert” “He is particularly experienced in construction and employer-orientated work”
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Tim is the head of the 80 strong UK contract services team at Turner & Townsend, based in London. He has over 25 years’ experience as a chartered quantity surveyor, with over 15 of those years specialising in claims, dispute resolution and expert witness work. He provides independent advice to clients and contractors on contractual issues and quantum matters on construction and infrastructure projects, with special expertise in the avoidance or resolution of disputes before they escalate. He acts as a quantum expert witness in litigation, arbitration and adjudication, including professional negligence cases. Tim is a member of the Royal Institution of Chartered Surveyors as an accredited mediator and the chartered Institute of Arbitrators. He also holds an MSc in construction law and arbitration. He has acted as a quantum expert in over 50 cases and has been cross examined in the Technology and Construction Court in London and both domestic and international arbitrations, along with representation in adjudication and mediation. Tim’s experience covers a whole range of quantity surveying issues including project budgets, re-measurement, valuation of variations and claims, final accounts, cost audits, disruption and prolongations, suspension and termination, and defective works. Tim has also acted as quantum expert in numerous professional negligence claims including those involving quantity surveyors and also in cases involving fraud. This experience has been on cases across Europe, the Middle East, Africa, Asia and South America and so Tim is very comfortable working on international disputes. Tim’s experience as a quantity surveyor has included working in the UK, Middle East and Hong Kong and with wide experience across the real estate and infrastructure sectors. This has involved experience with professional quantity surveying practices and contractors.
One New Change London, EC4M 9AF Tel: 0044 207 544 418 tim.tapper@turntown.co.uk www.turnerandtownsend.com
Peers and clients say: “He is a superb quantum expert, particularly in large quantum disputes” “Tim is an insightful expert with a strong track record of providing thorough analysis and testimony” “Tim delivers robust opinions in and out of the witness box”
Expert Witnesses | Profiles
Tom Taylor
Alan Whaley
Mark Wheeler
Tom is a chartered quantity surveyor, quantum expert and managing director of expert services at Base Quantum. He has worked throughout the supply chain on projects of all sizes in the UK and Europe, and on major construction projects whilst based in Africa and the Middle East. His varied career has provided him with hands-on experience of claims and commercial issues under various forms of contract. More recently, Tom has been instructed as an expert witness in over 100 contentious matters, ranging in value from less than £50,000 to over £200 million. He has been appointed by public and private clients, contractors, and subcontractors in litigation, international arbitration and other alternative dispute resolution fora, in courts in the UK, including the TCC, and abroad. He has testified on 10 occasions since 2018 and been cross-examined, both virtually and in person, as a party-appointed and single joint quantum expert. Tom’s recent experience of international arbitration proceedings relates to major projects in Africa, Europe, the Middle East and Australia. Coming originally from a subcontractor background, Tom recognises that his advice and opinions need to be concise, practical, and proportionate. This focus on producing clear and effective work product which tackles the key issues of a dispute is of particular value to clients.
Alan is a chartered construction manager, chartered quantity surveyor, accredited expert witness and director within Arcadis LLP’s forensic delay team. He has over 21 years of experience working at all levels of the construction industry. Over the course of his career, Alan has participated in the management and delivery of a variety of domestic and international projects within both contractor and client teams. These projects include international airports, onshore/offshore seaports, oil and gas facilities, gas fired power stations, water treatment works, chemical processing facilities, railways, sports stadia, high-rise developments, hotels, retail developments and residential schemes. He has held a range of senior professional roles including quantity surveyor, planning/ programming consultant, contracts administrator and claims manager. He commenced his career on site working as a carpenter. Alan now specialises in the forensic investigation of delay and disruption affecting major international construction, energy and infrastructure projects. He is frequently instructed on behalf of clients and contractors as expert witness or independent expert, and has testifying experience in international arbitration. He adopts a pragmatic and analytical approach to delay analysis with a focus on simplifying complex technical problems, and has an in-depth understanding of the relationship between issues of liability, delay and quantum. Alongside his professional career, Alan leads the dispute resolution module on the University of Salford’s LLM construction law and practice programme. He also regularly lectures on advanced training programmes with a focus on dispute resolution, forensic delay analysis and quantum claims.
Mark is an engineer and surveyor with over 25 years’ experience in the construction industry, including major civil engineering, building and power projects. He acts as an expert witness in both technical and quantum disputes, and has cross-examination experience in the High Court and in high-value international arbitrations. He specialises in providing expert reports in quantum, M&E quantum, and M&E technical. Mark has appeared as a tribunal expert, independent expert valuer and a party expert in litigation, adjudication, arbitration and mediation. Mark gained site experience on a wide range of projects in commercial buildings, on both a pre-designed and design-and-build basis, in office developments, industrial projects, and a number of schools and hospitals. This has involved work on a wide range of contracts including JCT, PPC2000, BE Collaborative, FIDIC and the NEC3&4 forms, with which he has worked extensively; he regularly advises on the practical application and use of them. He has appeared as an expert in the UK, the Middle East and the Asia-Pacific region. He has also been instructed as expert in NEC3&4 matters, from both a project management and quantum perspective and has extensive sector experience, including on a number of major infrastructure projects. His quantum claims experience includes those relating to additional payment for variations, re-measurement, damages, disruption, prolongation and increased costs. Particular areas of expertise include issues such as: re-rating of billed items, valuation of disruption, preliminaries thickening, head office overheads, site overheads and plant depreciation.
80 Fenchurch Street London, EC3M 4BY Tel: +44 20 7812 2000 alan.whaley@arcadis.com www.arcadis.com
110 Cannon St London, EC4N 6EU Tel: +44 207 377 4944 mark.wheeler@diales.com www.diales.com
Peers and clients say: “Alan is an excellent planning expert” “He is very approachable with clients” “His analytical skills and work capacity are superb”
Peers and clients say: “Mark is a very impressive expert” “He is a respected expert witness in the construction market” “Mr Wheeler is calm and measured in high-pressure situations”
Base Quantum Ltd
Base Studios Aldwych House, 71-91 Aldwych London, WC2B 4HN Tel: +44 207 043 0993 thomas.taylor@base-quantum.co.uk www.base-quantum.co.uk
Peers and clients say: “Tom is extraordinarily hardworking” “He has a strong grasp of legal and evidential concepts, which makes him easy to work with as an expert” “He has a logically minded approach to each task, which he handles with care and thoroughness”
ARCADIS
Diales Expert Witness Services
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France
Germany
Anthony Charlton
Thierry Linares
Thomas Hofbauer
Anthony Charlton is a chartered accountant with close to 30 years of professional experience. He has been appointed as an expert in matters of forensic accounting and the assessment of economic loss on over 50 occasions. Anthony has testified in both English and in French for matters before the French and Belgian domestic courts and for numerous investment and commercial arbitration matters. He has acted in disputes ranging from $3 million to $10 billion with one claimant awarded more than $600 million in a high-profile matter in arbitration, based on Anthony’s damages testimony (an amount that matched exactly his assessment of the claimant’s losses). Anthony has specialised in dispute-type work since 1996, after first gaining professional experience in many auditing and insolvency related assignments. His experience is global and covers a variety of industries including technology media and telecoms, oil and gas, energy, resources, construction, real estate, mining, aviation, infrastructure, hotel & leisure, banking, media, materials. Anthony’s expertise ranges from the quantification of damages claims in international commercial and investment treaty disputes, contentious valuations and expert determinations to shareholder and joint-venture disputes, financial and fraud investigations, and other types of forensic accounting assignments. He is also frequently instructed to prepare preliminary assessments of loss by claimants and law firms in contemplation of launching formal dispute proceedings. Anthony is a fellow of the Institute of Chartered Accountants in England and Wales and a member of their specialist valuation group. He is widely recognised by WWL as a Global Elite Thought Leader and Thought Leader in their quantum of damages, arbitration and investigations – forensic experts’ research.
Thierry Linares is a senior managing director, leading the construction solutions practice of FTI Consulting’s forensic and litigation team in Paris. He joined FTI Consulting in 2016, having spent most of his professional career managing major oil and gas and infrastructure projects. Thierry has 17 years of experience managing the various components of project controls, on both the contractor and client sides. He has been extensively involved in the set-up, management and development of activities in the project control sphere; budget and cost control; planning, contracts and subcontracts administration; risk management; and analysis of key performance indicators. As such, Thierry has developed comprehensive, hands-on knowledge of issues related to estimating, accountancy, scheduling, procurement, risk and contract management within the construction project industry, and uses this mixed skill set in the writing, analysis and expertise of construction project claims. He has worked on greenfield onshore oil and gas, offshore modular process, power plants, mining and port projects, as well as civil infrastructure projects from engineering to commissioning, and has large experience of engineering, technical and industrial problematics causing delay, disruption and overcosts, and of their in-depth analysis. Thierry acts as an expert witness in arbitrations and dispute avoidance, as a standing or ad hoc FIDIC dispute board member, as an auditor and trainer, as well as part of due diligence teams. Thierry has experience testifying in ICC arbitrations as technical, forensic delay and quantum expert in English and French languages, in both civil law and common law environments. He acts in conventional disputes between contractor and client, and in more complex set-ups, involving disputes between partners of a JV or consortium.
Thomas Hofbauer, a senior managing director at FTI Consulting and a member of the forensic and litigation consulting practice, is based in Munich. Thomas is a civil engineer with over 20 years of experience in the construction and engineering industries. He acts as both delay and quantum expert, in English and German-language disputes, and has been commissioned as expert on more than 20 occasions. Thomas has a background in strategic procurement, commercial management and contract management for buildings, infrastructure, industrial, IT, power and rolling stock projects across Europe. His contract and claims management activities range from contract advice through to final account settlement. As an expert witness and adviser, Thomas is keen to help the parties to understand the particulars of each case to best inform their decisions and to help take complex issues and questions and provide simple and clear answers. He specialises in contract and risk analysis and in delivering project audits to assess delay, disruption, damages and cost, for projects up to €2 billion and disputed values in excess of €500 million. Thomas has given evidence in arbitral proceedings at the ICC in Paris, the VIAC in Vienna and the SCAI in Zurich and acted as expert for disputes in Austria, Belgium, Bulgaria, China, Finland, France, Germany, India, Macedonia, Russia, Serbia, South Africa, Switzerland, Turkey, Saudi Arabia, United Kingdom and the United States. Thomas lectured on international project management at the University of Applied Sciences Stuttgart for more than four years and continues to regularly advise clients, within German-speaking countries, on a variety of large-scale, national and international projects.
33 Rue Galilée Paris, 75116 Tel: +33 6 46 39 72 72 anthonycharlton@hka.com www.hka.com
86 Boulevard Hausmann Paris, 75008 Tel: +33 1 470 36 950 thierry.linares@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Anthony has a true knowledge of the construction market” “He is a very knowledgeable and highly experienced expert”
Peers and clients say: “Thierry has impressive knowledge of even the smallest detail of the case” “He is excellent at explaining complex considerations to the arbitral tribunal”
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whoswholegal.com
FTI Consulting
4th Floor, Fünf Höfe Salvatorstrasse 3 Munich, 80333 Tel: +49 89 242 120 11 thomas.hofbauer@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Thomas is the best-recognised expert in the market” “He gets the point of the problem immediately”
Expert Witnesses | Profiles
Hong Kong
China
Mike Allen
Ben Burley
John Cock
Mike is a chartered quantity surveyor with over 35 years’ experience in the industry. He has worked internationally for many years, spending the past 20 years based full-time in Hong Kong. He has extensive experience in procurement and contract strategy; dispute resolution; and providing strategic advice to clients on distressed or problem projects. Mike works on numerous disputes and live projects for employers, contractors and subcontractors. He provides contract advice, and has prepared claims and rebuttals, assisted in negotiations and appeared in many different tribunals. Mike is experienced in a wide range of civil engineering, building, M&E and process plant contracts, including the ICE sixth edition; Engineering Construction Contract (NEC); I Chem E Red and Green Book; G90; JCT; and GC Works and Sub Contract Forms, which also includes bespoke, simple and situations of no written contract. He also has extensive experience of FIDIC and various standard and ad hoc forms of contract in various countries in Europe, the Middle East, Asia, Africa and Australasia. Mike’s experience includes building, civil engineering, mining, infrastructure, LNG facilities, marine civil engineering and process works. This has been in both project-related and arbitration environments, where the work has involved the analysis of large amounts of data to produce independent valuations related to a range of claims including delay and disruption, prolongation and variations. Mike has been appointed as a quantum expert witness on a number of construction disputes, acting for both claimant and respondent, working with major firms of solicitors and barristers. He has given evidence in the High Court twice, and in domestic and international arbitrations 26 times. Mike is also a CEDR-accredited mediator.
Mr Burley is a managing director with Secretariat, specialising in consulting on construction projects in the area of delay analysis. He is an experienced Delay Expert and specialises in high value complex International Arbitrations with a particular focus on APAC and EMEA. His practice involves analysis of delay, disruption and acceleration arising to construction and engineering projects, or programs of work to assist in the resolution of complex disputes. His clients benefit from his extensive delay, planning, programming and project controls experience. He has developed his skills across multiple sectors including energy, infrastructure, building, offshore and industrial. He has been appointed expert witness relating to delay, concurrent delay and disruption. Mr Burley has provided expert reports and oral evidence in support of his opinion to various dispute resolution forums, specifically litigation, arbitration, adjudication and mediation. As well as traditional cross examination, Mr Burley is also experienced in witness conferencing or ‘hot tubbing’ in multiple different forms.
Units 301 – 03, 3/F Shui On Centre 6-8 Harbour Road Wan Chai Hong Kong Tel: +852 2979 2200 mallen@secretariat-intl.com www.secretariat-intl.com
Units 301 – 03, 3/F Shui On Centre 6-8 Harbour Road Wan Chai Hong Kong Tel: +852 (2979) 2227 bburley@secretariat-intl.com www.secretariat-intl.com
John is an architect, designer and project manager, with over 40 years’ professional experience, including over 15 years as an expert witness. He has lived and worked in Hong Kong, Australia, Malaysia and Singapore. His architectural practice has specialised in design development, project documentation, specification drafting, project coordination and statutory compliance issues, primarily for commercial, retail, hospitality and institutional building projects. He also offers specialist skills in contract and practice administration and forensic architectural consulting. John’s experience also includes interior and industrial design, commercial and business management. A Practising Member of The Academy of Experts, John has acted as expert witness or adviser in construction and related disputes in Hong Kong, Australia and Asia. He has given expert evidence in court and arbitration, including written reports and oral testimony in person and virtually. As well as party appointments, John has been appointed single joint expert in HK High Court proceedings. Matters in which he has been instructed mostly relate to building defects and professional practice, including design responsibility and compliance questions. He has also given opinion evidence on design and construction issues arising in non-construction cases, including personal injury, adverse possession, insurance claims and building management-occupier disputes. As a chartered arbitrator, accredited mediator, accredited adjudicator and qualified expert determiner, John also acts as third-party neutral and provides advice and support to parties in commercial disputes, particularly those involving architectural, design or building issues. He has been appointed as arbitrator and mediator in a number of matters, including construction, international trade and general commercial disputes. He has also been appointed as Dispute Resolution Advisor (DRA) for seven Hong Kong government building and civil works contracts to date. This is a neutral role – unique to Hong Kong
Peers and clients say: “Mike is very well experienced and excellent on the stand” “He is fantastic at tackling contentious issues” “Mike is a standout expert in the market”
Peers and clients say: “Ben is incredibly clear in his analysis” “He is very thorough and never fails to review all the relevant evidence”
Secretariat
Secretariat
whoswholegal.com
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Hong Kong
John Cock (cont.)
Government public works contracts – by which the DRA is jointly appointed by the employer and contractor early in the project to provide ongoing, independent advice on the avoidance and resolution of disputes as the project progresses. The role is broadly akin to that of a Dispute Board under some other forms of contract. It involves spending time at site-level meetings and inspecting the works throughout the contract period, with site visits usually conducted monthly. This work has broadened John’s experience of construction works beyond buildings to encompass also major infrastructure projects including bridge, tunnel and road works. Building projects for which he has been appointed DRA have included an airport air traffic control headquarters, a hospital and a swimming pool-recreational complex. John’s academic qualifications include a bachelor of applied science degree in built environment (architecture and industrial design) [qit 1980], graduate diploma industrial design [QIT 1987] and bachelor of architecture [QUT 1996]. He is a registered architect under the Hong Kong Architects Registration Ordinance (Cap. 408) and the Queensland Architects Act 2002 (Australia). In addition to his technical qualifications, John holds a Master of Laws (LLM, Distinction) in construction law and practice from the University of Salford, UK, and a postgraduate diploma in arbitration from the College of Estate Management, Reading, UK. John is active in construction law and dispute resolution professional and industry groups. A past chairman of both the Society of Construction Law Hong Kong and the Chartered Institute of Arbitrators (East Asia Branch), he currently serves as a member of the latter’s branch committee, on the councils of The Academy of Experts and the Hong Kong International Arbitration Centre (HKIAC) and on the HKIAC appointments committee. He also sits on the Hong Kong Institute of Architects’ ARCASIA/CAA committee under the Board of External Affairs.
Clive Holloway FTI Consulting After over 25 years in architectural, design and engineering consultancy businesses, John joined the Hong Kong office of Evans & Peck (later part of WorleyParsons), where he focused on project delivery, contracts advisory and expert witness services. He then joined EC Harris (later Arcadis) as a Partner in the Hong Kong office, with responsibilities for the contract solutions business line and expert witness services. Since 2018, he has operated his own Hong Kong-based business, On Q Consulting Limited. Consultancy services include both front-end advisory, procurement and contract administration consultancy as well as expert witness, arbitration and dispute resolution services. Internationally, John is associated with Hanscomb Intercontinental (www.hanscombintercontinental.co.uk) and the Malaysian-based 27Group (https://27.group). Hanscomb brings together experts that work across the global onshore and offshore construction, engineering and shipbuilding industries. With its global head office located in the heart of legal London at 5 Chancery Lane and global hub offices in New York, Johannesburg and Hong Kong, Hanscomb can mobilise large teams to any country in the world upon short notice.
GPO Box 5954 Hong Kong Tel: +852 6107 8169 jec@onqonline.com
Peers and clients say: “John is a true expert” “He is an active arbitrator and can provide a dispute resolver’s view of the evidence put before him” “He can distil complex technical issues into easy to understand and concise reports”
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Clive Holloway is a programming expert and forensic delay analyst and is a senior director of the construction solutions practice of FTI Consulting in Asia. He is an accomplished construction professional, with over 40 years of experience in the construction industry that has been dedicated to the field of planning, programming, scheduling, delay analysis, extension of time claims and expert witness work. Clive is a practising member of the Academy of Experts and has been appointed as programme expert witness on numerous occasions and has given evidence and been cross-examined in arbitration. Clive is fully aware of the role and obligations of an expert witness and understands the need to provide independent advice and opinion to the tribunal, relevant to his expertise, appropriate to the case, as outlined in the brief. Clive also has considerable experience in the preparation of delay, disruption, extension of time and other time-related claims, and counter-claims, and in the defence and rebuttal thereof. Clive has acted for claimants and defendants, producing numerous time-related reports, either formal expert witness reports or less formal expert advocate reports with respect to extension of time and delay claims for litigation, arbitration, adjudication and mediation, etc. Clive is adept in the forensic programme analysis of delay and is familiar with the methods and approaches available to determine extensions of time. Clive has worked on a wide variety of projects and in many sectors, and has had global exposure, working internationally, although primarily in the UK, Asia and the Middle East.
Level 35, Oxford House Taikoo Place, 979 King’s Road Hong Kong Tel: +852 3768 4717 clive.holloway@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Clive provides a straightforward and robust approach to analysis based on the facts” “He is a very experienced practitioner - he always meets deadlines and is very pleasant to work with”
Expert Witnesses | Profiles
Ireland
Graham McNeill
Scott Ramsden
John Delaney
Graham McNeill is a senior managing director and global leader of FTI Consulting’s construction solutions practice. He is based in Hong Kong, but works internationally. Mr McNeill has worked in Asia for almost 25 years with some of the largest blue chip employers and contractors in the construction industry. He has extensive experience in the preparation, defence, negotiation and settlement of contractual claims. He works alongside, and in support of, solicitors and barristers and has been recognised by Who’s Who Legal as a “Global Elite Thought Leader” and a “top class expert who is highly respected in the international markets”. He was also cited for his “very comprehensive and well-reasoned report” and his “excellent performance on the stand”. He has given evidence and been cross-examined as a quantum expert on numerous large international commissions, giving evidence in conciliations, mediations and arbitrations. Mr McNeill has been appointed as a quantum expert witness on numerous large international commissions under HKIAC, ICC and ICSID rules, giving evidence and being cross-examined in multiple jurisdictions. He has worked in many sectors, including but not limited to infrastructure, oil and gas, power, rail and aviation. In addition, Mr McNeill has also been appointed as dispute manager on a number of high-profile construction disputes and is an accredited mediator with the HKIAC. His core competencies include quantity surveying, risk analysis and change management, cost value reconciliation, commercial management and contract administration, the preparation and management of delay, disruption and prolongation cost claims, and the formulation of commercial settlement strategies.
Scott Ramsden is a quantity surveyor and construction professional with over 30 years of experience. He has acted as a quantum expert and assistant to the named expert on multiple occasions. Scott has been cross-examined as a witness in both mediation and arbitration proceedings. He has been appointed as an independent quantum expert in arbitral proceedings relating to offshore oil and gas, with disputed values of US$250 million. He has also acted as lead assistant for offshore oil and gas, power and infrastructure project disputes. Scott has 22 years of experience working internationally, across Europe, North & Central America, Africa, Asia and Australia (with more than 15 years in the Middle East and Asia), as both a contractor and consultant. He has provided commercial management services to major international contractors and oil and gas companies and supports clients with wide ranging strategic advice. Scott’s sector expertise includes ports, mining, oil and gas, infrastructure, airports, buildings, power, and industrial projects. He has considerable experience in the preparation, defence, negotiation and settlement of contractual claims, and supports solicitors and barristers regarding commercial and contract management matters and dispute resolution services. Scott is a fellow of the Chartered Institute of Arbitrators and an associate member of the Chartered Institution of Civil Engineering Surveyors. He holds a master’s in construction law and arbitration and a diploma in quantity surveying.
John is a chartered quantity surveyor and director at Base Quantum Ireland with over 19 years’ commercial experience across the construction and engineering industries. He is regularly appointed as quantum expert on matters in litigation and in various alternative dispute resolution fora. As well as working as a quantum expert on multimillion-pound disputes, arbitrations and adjudications, John has provided claim preparation and management on numerous projects. He has also assisted the appointed expert on high value international arbitrations in the construction, engineering and oil and gas industries, including on an investment treaty dispute. John has extensive experience across a broad range of sectors, specifically construction, civil engineering and gas pipelines. His commercial and project experience includes road, rail, the London Underground, IT systems, and buildings, ranging from mixed-use, high-rise and residential, to commercial, industrial, health and local authority. John has significant experience in multiple forms of contract including NEC, JCT, FIDIC and bespoke. His appointments as a quantum expert have been on matters before the Court of Session in Scotland, the High Court in Ireland, a County Court in the UK, as well as in mediation, arbitration and regarding various statutory adjudications in the UK. John is also regularly engaged to offer expert opinion on quantum related issues in matters of professional negligence. Further to holding qualifications in construction law, international arbitration and construction adjudication, John is a Fellow of the Chartered Institute of Arbitrators, Royal Institution of Chartered Surveyors and Society of Chartered Surveyors Ireland, as well as a practising member of the Academy of Experts.
Level 35, Oxford House Taikoo Place, 979 King’s Road Hong Kong Tel: +852 3768 4674 graham.mcneill@fticonsulting.com www.fticonsulting.com
Unit 908, 9/F, Dah Sing Financial Centre 248 Queen’s Road East Wanchai Tel: +852 6103 8645 scottramsden@hka.com www.hka.com
Peers and clients say: “Graham is very personable and great with clients” “He is obviously very intelligent and on top of his subject” “He is a very hard worker and always goes the extra mile”
Peers and clients say: “His analysis of the issue to-hand is always clear” “He is skilled at presenting complex concepts in an easily digestible way”
FTI Consulting
HKA
whoswholegal.com
Base Quantum Ireland
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Ireland
John Delaney (cont.)
Mark Wearen
Tom Kapapa
From Base Quantum Ireland’s Dublin office, John continues to serve clients across Ireland, Europe, the UK and the Middle East.
Mark Wearen, senior director at Kroll, is a chartered quantity surveyor (MSCSI/MRICS) and chartered civil engineering surveyor (MCInstCES) with over 35 years of experience in the construction and engineering industry. His experience covers main contacting and consultancy including acting as an Independent Quantum Expert and Expert Witness. He has been appointed as an expert on quantum and quantity surveying disputes on building, civil engineering and utility infrastructure projects in Ireland and internationally. He has worked for contractors, employers and sub-contractors on both public and private sector projects. His sectorial experience is wide ranging and includes working on major mixed developments; tech projects; roads/highways; energy and utilities work with contracts procured using a range of procurement options such as traditional, design and build, target cost, turnkey and PPP/PFI. He has extensive experience of the Irish Public Works suite of contracts as well as FIDIC, NEC, ICE/IEI, RIAI and JCT contract forms. He is regularly retained to provide independent reports claim risk and construction quantum for public and private sector clients including public sector Employers, private Developers, Main Contractors and Sub-Contractors and has been appointed as an expert witness on multiple occasions. Instructions taken include referrals to mediation; conciliation, arbitration, adjudication and litigation. He has provided oral testimony under cross examination and concurrently (“hot-tubbing”) in arbitrations, non-statutory adjudications and conciliations. Mark holds a postgraduate diploma in construction law and administration and an MSc with distinction in construction law and practice.
Tom is a surveyor with over 20 years of construction industry experience. He acts as both delay and quantum expert, and has been appointed on eight occasions. Tom has a broad construction background, working as a site manager and a surveyor on a variety of projects across Africa, the Middle East and the UK. His diverse sectoral experience ranges from major city developments (including highrise tower buildings and leisure developments), road and motorway construction, rail and station construction, and major structural steelwork to water, wastewater and infrastructure drainage, power station construction, oil and gas development, LNG complex development, and mechanical and electrical infrastructure. Tom specialises in delay and quantum issues for civil and building infrastructure and industrial works. He quickly unravels complex situations, by simplifying the key elements necessary to solve issues, before reaching a formal dispute process. Tom has acted as expert for disputed sums up to US$600 million and for projects values in excess of US$5 billion. He has been cross-examined in international arbitration twice, including giving concurrent evidence (hot-tubbing), and has been praised by counsel and tribunals alike for his testimony. Tom also acts as both an arbitrator and a mediator, and has taken the lead on a dispute adjudication board (DAB), as well as leading numerous claims negotiations. Tom is a fellow of the Chartered Institute of Arbitrators, a member of the Royal Institution of Surveyors (RICS), and an Academy of Expertscertified quantum expert. He acts as an assessor for RICS in the Middle East and provides training and mentoring for quantity surveyors and contact administrators in Qatar.
24 St. Stephens Green Dublin, D02 EK82 Tel: +44 (0)20 7836 0158 mark.wearen@kroll.com www.kroll.com
Doha Tower 13th Floor Al Corniche Street, West Bay Doha Tel: +974 4441 3146 tomkapapa@hka.com www.hka.com
Unit 4, Blanchardstown Business Centre Clonsilla Road Dublin 15 Dublin, D15 Y336 Tel: +353 1 903 6056 john.delaney@base-quantum.ie www.base-quantum.co.uk
Peers and clients say: “John has a strong understanding of the key issues required to develop a robust and accurate quantum case” “John’s detailed and forensic approach to the heads of claim and his ability to develop a comprehensive report stood out” “He brings a clear and consistent approach to communicating the methodologies adopted” 96
Qatar
Kroll
HKA
Peers and clients say: “He is particularly helpful when undertaking risk assessments” “He is practical, commercial and clear”
whoswholegal.com
Peers and clients say: “Tom is extremely knowledgeable and keeps a very cool head under pressure” “He has a gift for explaining complex concepts clearly for those less initiated” “He is highly skilled at persuading people with logic and reason”
Expert Witnesses | Profiles
Saudi Arabia
Scotland
Colin Russell
Haroon Niazi
Roy Andrew
Colin is a chartered quantity surveyor with over 29 years of experience in the construction industry. He has extensive experience in quantum and delay analysis and has been appointed as an expert witness on four occasions. Colin has worked on a variety of projects, including building construction, wastewater treatment, oil and gas-fired power stations, oil and gas facilities, airports and highways throughout the Middle East and Europe. His experience as a quantity surveyor and commercial director informs his dependable quantum and delay analysis. Colin is experienced in leading teams in the preparation of delay, disruption and variation claims for clients. He works efficiently with legal teams, providing clear and concise analyses for even the most complex issues. Colin has acted as a quantum expert regarding infrastructure and buildings disputes in the Middle East. He has also acted as lead assistant to the party-appointed quantum and delay experts for both claimants and respondents in ICC arbitrations. Colin is a fellow of the Chartered Institute of Arbitrators, and a member of the Royal Institution of Chartered Surveyors and the Association of Project Management. He holds a BSc (Hons) in quantity surveying and an MSc in construction law and dispute resolution, and has completed the Pearson SRF BTEC Level 7 Professional Award in Expert Witness Evidence.
Haroon is a chartered quantity surveyor with more than 14 years of experience in the construction industry. He has been appointed as a quantum expert and provided expert testimony in the Kingdom of Saudi Arabia. Haroon has worked as both a quantity surveyor and a barrister, regularly appearing before tribunals in the UK. He has been instructed on matters ranging from domestic construction disputes, adjudications and lower value commercial claims through to acting as part of arbitration teams in multi-million-dollar arbitration proceedings. Haroon has experience in all forms of dispute resolution and good knowledge of the JCT, NEC, FIDIC and MPW contracts in Kuwait; the Saudi Public Works Contract; and the Saudi Aramco standard form contracts, as well as various ad hoc contracts. Haroon specialises in the quantification of construction cost claims. He supports clients across various market sectors, from power, oil and gas to major buildings and infrastructure projects. Haroon hold a masters in both law and quantity surveying. He is a fellow of the Royal Institution of Chartered Surveyors, and a member of the Honourable Society of the Middle Temple. Haroon is also a non-executive board member for the RICS working group in Saudi Arabia. He is fluent in both English and Urdu, and uniquely placed to support clients across Saudi Arabia and the wider Middle East region.
Roy Andrew is a senior managing director in the FTI consulting forensic and litigation practice based in Stirling, UK. Roy is a chartered quantity surveyor who specialises in the fields of quantum and delay in relation to construction and engineering disputes. His main focus is as a quantum expert. Roy has over 20 years commercial management and claims consultancy experience traversing many industries. Prior to becoming a consultant, Roy worked in senior positions with major national UK-based building and civil engineering contractors where he gained extensive contractual and commercial management experience. Roy is now an accredited practising member of the Academy of Experts. He has extensive experience in the provision of independent expert opinion. He is regularly instructed to provide opinions in the forums of adjudication, mediation, arbitration and litigation. His services are specifically sought after in connection with high-value complex contract disputes. He has a wide-ranging understanding of technical, commercial and contractual matters, which means that he can focus his expertise around a comprehensive practical understanding of the issues. He is adept at investigating and identifying the critical issues upon which disputes turn. His appointments include experience on major high-profile disputes both domestically and internationally. He has been involved with projects in the UK, Panama, Trinidad and Tobago, South Africa, Algeria, Norway, Russia, UAE, Qatar, Mongolia, Slovakia, Greece, and Estonia. Recent experience includes energy from waste, power, dredging, major infrastructure, oil and gas, roads, marine, buildings and utilities.
Doha Tower 13th Floor Al Corniche Street, West Bay Doha Tel: +974 4441 3146 colinrussell@hka.com www.hka.com
Office 705 (B), Bin Homran Center Al Tahlia Street Jeddah, 21514 Tel: +966 12 633 3394 HaroonNiazi@hka.com www.hka.com
Unit C, First Floor Logie Court Stirling, FK9 4NF Tel:+44 1786430800 roy.andrew@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Colin is very responsive and easy going throughout cases” “He stays calm under pressure as an expert” “A trustworthy and knowledgeable expert”
Peers and clients say: “Haroon is a very experienced quantum expert, especially in the Middle East region” “He is very detail oriented and provides the highest-quality deliverables at all times” “He is an excellent expert”
Peers and clients say: “Roy is reliable and client friendly” “He is highly experienced in all aspects of construction disputes”
HKA
HKA
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Profiles | Expert Witnesses
Scotland
Hamish Clark
Alex Currie
HKA
Hamish is a chartered architect with over 35 years’ experience as a practising architect. He has been appointed as an expert architect on 29 disputes and has been a member of a team of experts on four occasions. He has been cross-examined as an expert in international arbitration, court proceedings and in virtual proceedings for an international arbitration. He has provided concurrent evidence an international arbitration. Hamish provides expert opinion on architectural matters to clients in the Middle East, Europe, Asia and Oceania. His expert appointments include matters associated with resource infrastructure projects, transport infrastructure projects, light industrial, commercial, hospitality projects, social housing projects including residential towers, luxury residential developments and heritage buildings. Hamish has acted in disputes with values in excess of A$200 million and in the dispute resolution arenas of litigation, arbitration, adjudication and mediation. Hamish manages and peer reviews expert reports for other HKA experts. Hamish worked for 29 years as a partner and 20 years as managing partner in a UK architectural practice. During that time, he combined management responsibilities with those of a project architect. His experience therefore includes professional appointments, feasibility studies, design development, design documentation, detailed and performance specifications, and building condition surveys and reports. He has acted as project lead and contract administrator throughout his career and is well acquainted with a variety of procurement routes and contract forms. His early experience included North Sea construction projects and the construction of oilfield support facilities in the Middle East.
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HKA Hamish is a fellow of the Royal Incorporation of Architects in Scotland (RIAS) and a member of the Australian Institute of Architects. He has a Diploma in Construction Law and is a member of both the Chartered Institute of Arbitrators and the Royal Institute of British Architects (RIBA). He is an accredited member of both the RIBA and RIAS expert witness panels. In addition to acting as an examiner for the final “Part 3” professional examinations for architects, he has lectured in professional practice for the department of architecture at the University of Strathclyde for a number of years. While in practice, Hamish held an accreditation in building conservation from the Royal Incorporation of Architects in Scotland.
Alex qualified as a chartered engineer in 1980 and has over 40 years of construction industry experience. Alex has been instructed on over 30 occasions to provide expert opinion on a range of matters in civil and structural engineering. He has met with other experts, lawyers and legal counsel, and taken part in international arbitrations in Singapore and Toronto, including participation in concurrent evidence (hot-tubbing). Alex has also attended a virtual arbitration in Scotland and has contributed to adjudications and mediations. Alex has worked across a broad range of sectors including industrial, roads and bridges, education, hospitals, residential, oil and gas, retail and commercial projects. His clients have included contractors, governments, health boards, housing associations, local authorities, architects, project managers and private clients. Alex has hands-on experience as an engineer, both in the design office and onsite. He has managed, designed and supervised building structures and civil engineering projects in the UK and also has supervision experience in the Middle East. Alex is a fellow of the Institution of Civil Engineers, a member of the Chartered Institution of Highways and Transportation, a member of the Academy of Experts, and a member of the BSI committee for Eurocode 6, BS EN – 1996, for the design and use of masonry. Between 2005 and 2017, Alex was an approved certifier, as defined by the Structural Engineers Registration Scheme in Scotland and operated by the Institution of Structural Engineers.
220 St Vincent Street Glasgow, G2 5SG Tel: +44 141 270 7060 hamishclark@hka.com www.hka.com
220 St Vincent Street Glasgow, G2 5SG Tel: +44 141 270 7060 alexcurrie@hka.com www.hka.com
Peers and clients say: “Hamish is very technically competent with the ability to explain matters in a clear fashion” “He is very thorough and his work reflects his many years of experience” “Hamish is very diligent and always produces detailed reports”
Peers and clients say: “Alex has deep industry knowledge” “He is a highly articulate expert who does not get flustered” “Mr Currie is a genuinely helpful expert who considers all avenues in forming and reaching his opinion”
whoswholegal.com
Expert Witnesses | Profiles
Michael King
David McIntyre
Michael is a chartered quantity surveyor who trained with a major UK building contractor and progressed to regional commercial director, overseeing a business with turnover of £150 million. Michael has a Master’s degree in construction law; has acted in the consultancy field since 2004; and is a Fellow of the Royal Institution of Chartered Surveyors and a Fellow of the Chartered Institute of Arbitrators. He has been appointed as a quantum expert on more than 25 occasions in adjudication, DAB proceedings and court proceedings in Scotland and England. He has given expert testimony in both the Technology and Construction Court and The Business and Property Court in London. Michael has also acted in overseas jurisdictions including Germany, France, Dubai and the Caribbean. His expert experience covers a wide range of sub-sectors including bridges; roads; marine; landfill; flood prevention; landslips and embankments; wind, nuclear and hydroelectric power; rail; port buildings and infrastructure; process plants; water and waste water systems; fire damage; schools; specialist laboratories; specialist glazing and render; defective cladding and concrete frames and demolition. Michael has also been appointed by most of the major insurers in relation to professional indemnity claims for and against engineers, architects and quantity surveyors in adjudication and court proceedings. Michael is currently acting for clients in arbitration and in cases in the Court of Session, and the Technology and Construction Court.
David is an exceptionally well-qualified and experienced chartered engineer who has worked in the construction industry for 39 years. He is uniquely experienced and his advice is sought by clients across industry. He has an honours degree in mechanical engineering and master’s degrees in pressure vessel design, business administration and construction law. He is internationally recognised in the field of mechanical engineering, has acted as technical expert numerous times and has given evidence on many occasions. He often leads teams of experts in different technical disciplines and works closely with delay, quantum, forensic accounting and damages experts. David has a track record of assisting clients and their advisers to resolve disputes and negotiate settlements concerning complex power and process projects across the world. He has worked in Oceania, Asia, the Middle East and Europe on a variety of projects that have included boilers, gas and steam turbines, nuclear installations, process pipework, plant and equipment, and in the areas of safety and risk management and operation and maintenance of mechanical and electrical systems. David is also highly experienced in the investigation of circumstances involving cranes and lifting equipment that have led to serious injuries and deaths. These include consideration of designs, operation and maintenance, regulatory requirements and good practice. David is often able to bring together his engineering, business and construction law expertise to advise clients on a range of matters. He has given evidence in court, at arbitrations and adjudications in the UK and around the world. He has been appointed by the International Chamber of Commerce (ICC) to provide technical assistance to arbitrators and has assisted legal teams and clients during mediations, expert determination, and settlement negotiations.
Diales Expert Witness Services
Queen’s House 19 St Vincent Place Glasgow, G1 2DT Tel: +44 131 200 6242 michael.king@diales.com www.diales.com
Peers and clients say: “Michael is very responsive and has an impressive depth of expertise” “His preparation is very thorough and he always produces a coherent and well structured report” “Michael is a very good quantum expert”
HKA
David is a published author, a fellow of the Institute of Mechanical Engineers, specialist fellow of the International Institute of Risk and Safety Management, member of the Nuclear Institute, member of the Chartered Institute of Arbitrators and member of the Academy of Experts.
220 St Vincent Street Glasgow, G2 5SG Tel: +44 141 270 7060 davidmcintyre@hka.com www.hka.com
Peers and clients say: “He is extremely skilled, very responsive and accessible - a true expert” “David possesses a very high standard of technical expertise and delivers quality reports” “He is extremely exceptional”
whoswholegal.com
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Profiles | Expert Witnesses
Scotland
Singapore
Doug Neville
Lee Baker
Brian Bowie
Doug is a chartered civil and structural engineer with over 35 years of experience in multi-disciplinary engineering consultancy design. He has acted as a technical expert on over 25 occasions. Doug qualified as a chartered engineer in 1981 and worked with leading engineering design consultancies for almost three decades. He has a comprehensive understanding of civil and structural engineering design and construction, gained through experience in many industry sectors ranging from buildings and infrastructure to power, industrial and oil and gas. He completed a master’s in construction law in 2012. As a practicing expert witness in civil and structural engineering, Doug is mainly involved with the provision of advisory and expert services in connection with construction industry dispute resolution. His specialisms include forensic civil and structural engineering, professional competence and standard of care, and project procurement and performance. Doug has been cross-examined in many international arbitrations, including participation in concurrent evidence (hot-tubbing) and in several adjudications. Doug authors articles and delivers seminars on the role of a technical expert, the role of the engineer and the practice of hot-tubbing. Doug is a fellow of the Institution of Civil Engineers and the Institution of Structural Engineers. He is also a member of the Chartered Institute of Arbitrators and a practising member of the Academy of Experts. Doug was formerly a member of the Institution of Civil Engineers’ (ICE) structures expert panel and a member of the editorial board of the ICE’s Forensic Engineering Journal. Doug has also been recognised by Who’s Who Legal as a Thought Leader in Construction. Clients and colleagues agree that Doug is “knowledgeable, thorough and reliable”.
Lee is a widely experienced planner and delay analyst with nearly 20 years of experience in the construction industry. He has acted as named delay expert on more than fifteen occasions. Lee has given oral evidence in both litigation and international arbitrations. His named expert appointments relate to buildings, power generation, aviation and infrastructure projects in the Asia region. He has also assisted in the preparation of expert reports for arbitration, adjudication and mediation in Europe, Asia and the Middle East. Lee continues to provide planning, delay analysis and commercial advice on live projects. This includes assisting clients and their legal counsel on programme and delay matters, including schedule risk management. Lee regularly speaks at seminars and conferences, which has included the CIArb and SCL conferences. Lee also designed and delivered training programmes for the RICS throughout Asia and the Building and Construction Authority in Singapore. He has been published in industry journals on the subjects of project finance and construction risk.
Mr Bowie is a director with Secretariat International based in Singapore. He has 20 years of experience in the construction and engineering sectors, and has worked on projects in Europe, the Middle East, Africa and Asia. Mr Bowie specialises in advising clients in relation to construction and engineering projects that have suffered delay and disruption. Mr Bowie has provided advice to project owners, contractors and subcontractors in relation to major capital projects in both the public and private sectors. He has experience of various standard contract forms along with project specific bespoke contracts. He has experience of arbitration proceedings under ICC, AAA, SIAC and DIAC rules. Mr Bowie has experience across a broad range of project sectors including real estate developments (residential, commercial, healthcare, and pharmaceutical), transport infrastructure projects (including rail and roads), government and publicsector projects. Prior to specialising the area of delay and disruption he gained practical experience working for a multi-disciplinary engineering practice in the UK and Hong Kong in all aspects of engineering projects from design and modelling, site supervision and contract administration Mr Bowie has a first class BEng (Hons) degree in civil engineering, and a master’s degree in construction law and arbitration from King’s College London.
220 St Vincent Street Glasgow, G2 5SG Tel: +44 141 270 7060 dougneville@hka.com www.hka.com
One Raffles Quay, #27-10, South Tower Singapore, 048583 Tel: +65 6506 7667 lee.baker@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Doug’s reports are well drafted and he excels at presenting his ideas verbally” “He handles his opposing expert incredibly well” “Mr Neville is an expert with huge experience in the construction field”
Peers and clients say: “Lee is an absolute pleasure to work with” “His answers are always prompt and to the point”
HKA
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FTI Consulting
whoswholegal.com
Secretariat
60 Robinson Road BEA building #14-01 Singapore, 068892 Tel: +65 6225 9600 bbowie@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Brian possesses impressive technical and presentation skills” “He really gets to the bottom of highly complex causation problems” “He invariably presents well-reasoned and persuasive conclusions, in easily accessible form”
Expert Witnesses | Profiles
Garry Crossley
Amit Garg
Garry Crossley is a senior managing director in the construction solutions practice of FTI Consulting and is based in the Singapore office. Mr Crossley advises clients internationally on project and programme delivery, strategic issues, contractual risks, contract strategy and due diligence. He has over 30 years’ experience in the building and construction, infrastructure, transportation, utilities, oil and gas, petrochemicals and aerospace sectors throughout Asia, the Middle East, Eastern and Western Europe, and Africa. Mr Crossley’s experience on international projects includes assisting contractors and employers with the effective planning and management of complex projects throughout the pre-construction and construction phases. Mr Crossley also has extensive experience in the preparation and review of delay claims; evaluation of project progress, programmes and other documents for determination of project delays; disruption and acceleration, including the analysis and development of original as-planned programmes; developing and reviewing as-built programmes; and determining the causes and effects of delay. Mr Crossley has been appointed on numerous international engineering and construction claims and disputes, acting as expert adviser and expert witness in international arbitration proceedings. He has given evidence on many occasions, including witness conferencing. He is a member of the Royal Institution of Chartered Surveyors and a practising member of the Academy of Experts.
Mr Garg is managing director of Secretariat Asian operations. Secretariat specialises in providing independent expert advice on construction projects. For the past 15 years, Mr Garg has been involved in providing advisory services to Asian clients from Singapore and Hong Kong. Prior to moving to Asia, he was based in the United States for around a decade, where he worked directly in the construction industry, performed industry research and provided dispute advisory services at firms such as PricewaterhouseCoopers, KPMG and Navigant Consulting. Mr Garg specialises in construction disputes and has extensive experience in performing delay analysis, measuring productivity and reviewing project delivery systems. He has performed analyses on several large international disputes on projects primarily in Asia, Middle East, North America and Australia. His experience ranges across a wide range of complex projects with a particular focus on transportation, oil and gas, and energy projects. As part of these engagements, Mr Garg has served as an expert and has been appointed in arbitrations under ICC, AAA, ICSID, HKIAC, SIAC, DIAC, PAM and ADCCAC. He has also been involved in engagements related to assessment of insurance claims and project controls. Prior to working in construction consulting, Mr Garg worked as a designer and construction manager on large commercial projects. His on-site experience includes performing project design, project management, and on-site coordination between contractors. Mr Garg has also conducted industry research on developing a new parameter for evaluating construction performance. He is an acclaimed speaker on construction programming and delay analysis.
FTI Consulting
Secretariat
60 Robinson Road BEA building #14-01 Singapore, 068892 Tel: +65 6225 9600 agarg@secretariat-intl.com www.secretariat-intl.com
One Raffles Quay, #27-10, South Tower Singapore, 048583 Tel: +65 6831 7822 garry.crossley@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Garry is a strong expert with an outstanding grasp of his field” “He is able to provide expert input in a manner in which a layperson can understand without too much technical jargon”
Mr Garg has completed the executive management programme at Harvard Business School. He has a master’s degree in engineering from Pennsylvania State University and a bachelor’s degree from Indian Institute of Technology, India.
Peers and clients say: “Amit is a top-of-the-line delay expert” “Amit is unafraid to voice his opinion and is able to support the same with his detailed analysis” “He takes responsibility for the work done and knows every detail in his report”
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Profiles | Expert Witnesses
Singapore
John Lancaster
Andrew Oddie
Sezgin Ozbilgin
Dr John Lancaster is a chartered mechanical engineer with 36 years of experience spanning roles from a full mechanical apprenticeship, design engineer, project engineer and project manager, functional director of project controls & planning (EPC/EPCM), General Management (EPC) and delay analyst consultant including provision of Testifying Expert Witness Services. John has vast international experience having advised in relation to projects in 30 countries living and working in Asia, the Middle East, Africa, Europe, US and Australia. In particular, he has extensive oil & gas experience of both onshore and offshore projects including: oil refineries, tank farms, LNG liquefaction, LNG regasification, LPG plants, pipelines, FPSO and FSOs (conversion and new build), FLNG, shipyard fabrication, semi-submersibles, jack-ups, platforms, exploration drilling, offshore installation and petrochemicals. John also has a significant track record with respect to mining & metallurgy, including mining processing facilities and extractive metallurgy process plants, as well as in the power and energy sector including in relation to nuclear, fossil fuel and cogeneration power plants. He has represented governmental bodies, IOCs and NOCs, EPCM and EPC contractors and sub-contractors, in both formal and informal dispute resolution. John has provided expert evidence in international arbitrations under the rules of ICC, LCIA, SIAC, AAA, AIAC and LMAA among others. He has been appointed 31 times, providing oral testimony at hearings on numerous occasions. The matters that John has been instructed on include a number of multi-billion-dollar disputes heard in London and New York with his expert evidence relating to issues of delay, disruption and project execution concerning numerous oil & gas and power disputes.
Andrew is an experienced chartered quantity surveyor with over 20 years of experience working in the construction and oil and gas industries. He has acted as a quantum expert witness and is regularly appointed as the lead assistant to the named expert in matters of quantum and delay. Andrew worked as a quantity surveyor and commercial manager for contractors across the UK before becoming a consultant in 2008. He has worked on a range of projects across Europe, North Africa, the Middle East and Asia Pacific for an international client base. Andrew’s roles have involved providing contractual, commercial and claims management expertise for employers, main contractors, subcontractors and government-funded organisations. His industry experience includes various infrastructure, industrial, oil and gas, power and buildings projects; ranging from $6 million to $9 billion in value and disputed sums in excess of $400 million. Andrew has been appointed as a quantum expert witness in Singapore, Hong Kong and Australia and has been cross-examined in arbitral proceedings, including giving concurrent evidence (hot-tubbing). His assistant expert experience extends to litigation, arbitration and adjudication proceedings in Europe, Asia and the Middle East. Andrew is a member of the Royal Institution of Chartered Surveyors, the Chartered Institute of Arbitrators, the Chartered Institute of Builders and the Chartered Institute of Civil Engineering Surveyors. He presents courses across Asia on behalf of the Royal Institution of Chartered Surveyors regularly.
Mr Ozbilgin is a director with Secretariat International, based in Singapore. He has 15 years of experience in construction, diversified among complex building and infrastructure projects. Mr Ozbilgin previously gained practical experience working for various multidisciplinary engineering practices in all aspects including design, tendering, site supervision and contract administration. He specialised in a variety of project control techniques for successful change management on ongoing large-scale construction projects. In particular, he obtained significant experience in the preparation and management of multiple schedules for a number of projects simultaneously. As part of his consulting experience, Mr Ozbilgin has provided service to project owners, contractors and subcontractors in relation to major capital projects in both the public and private sectors. Mr Ozbilgin has worked on a variety of delay-related matters such as baseline programme preparation, risk assessment and management; claim preparation and evaluation; and formal retrospective delay analysis for arbitration proceedings. He has actively participated in hearings and assisted the testifying expert on multiple occasions. In particular, he has obtained significant experience on large-scale oil and gas, subsea pipeline, mining, wastewater processing facilities, transportation infrastructure and commercial/residential building projects. He has worked on projects in various countries and jurisdictions including Australia, China, Hong Kong, Kazakhstan, Macau, Malaysia, Vietnam, Singapore, Turkmenistan, Turkey, Oman, Qatar, Saudi Arabi and Romania. Mr Ozbilgin received a bachelor’s degree in civil engineering; and a master’s degree in transportation engineering from Istanbul Technical University.
JS Held
8 Marina View Asia Square Tower 1, Level 43-045 Singapore, 018960 Tel: +65 9108 7121 jlancaster@jsheld.com www.jsheld.com
Peers and clients say: “John really knows his stuff” “He is always in high demand” “A go-to for complex construction arbitrations”
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FTI Consulting
Secretariat
One Raffles Quay, #27-10, South Tower Singapore, 048583 Tel: +65 6338 2455 andrew.oddie@fticonsulting.com www.fticonsulting.com
60 Robinson Road BEA building #14-01 Singapore, 068892 Tel: +65 6225 9600 sozbilgin@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “He has the knowledge and the skills required to be a true quantum expert” “Andrew is intelligent but also commercially astute and realistic” “He is a great team player and very personable”
Peers and clients say: “He has the ability to navigate through complex and voluminous documentation and data and present the analysis in a clear manner” “Sezgin is a very sound delay expert” “He is meticulous and diligent”
whoswholegal.com
Expert Witnesses | Profiles
Jon Prudhoe
James Taylor
Samuel Widdowson
Jon Prudhoe is a senior managing director at Ankura with an expertise in construction. Based in Asia for more than 20 years, he is one of the few experts, worldwide, equally capable of opining on matters of quantum and delay. He holds an extensive portfolio of expert appointments, including many of APAC’s most high profile and complex disputes. Jon has over 35 years of experience in onshore and offshore oil and gas, marine, shipbuilding, petrochemical, infrastructure, transportation, utility, building and civil engineering projects throughout the Asia-Pacific, Middle East, Europe, USA, South America and Africa. His depth and extent of technical knowledge in all these sectors, combined with his robust testifying experience means he is one of APAC’s most highly sought-after construction experts. Jon has been instructed on over 100 expert witness appointments including matters such as construction contract terminations; evaluation of changed work; quantum of damages as well as matters relating to delay, acceleration, disruption and loss of productivity, extension of time (EOT) claims and assessment of concurrent delays. Jon has given evidence in arbitration hearings under ICC, SIAC, SCMA, DIAC, HKIAC, SCC, KLRCA, UNCITRAL and LCIA rules and court and arbitration proceedings in Singapore, UK, Hong Kong, Australia, Malaysia, India, UAE and Sweden. He is well versed in giving oral evidence under cross-examination in litigation and arbitration proceedings including expert witness conferencing (hot-tubbing). His experience also includes several appointments as expert determiner as well as full-term and ad-hoc dispute board appointments. Previous roles have been held on both sides of the construction industry, having worked for contracting and consulting organisations and he continues to provide contract advice on live projects.
James Taylor is a senior managing director in the construction solutions practice of FTI Consulting and he is based in Singapore. Mr Taylor has extensive experience in providing commercial management and contract administration services; expert witness and expert adviser services; and claims preparation and negotiation solutions. His skills have been built on a solid foundation of more than 30 years’ experience in contract administration services and quantity surveying for employers, contractors and governments in Asia and Europe. Mr Taylor has been appointed as a quantum expert witness and a quantum expert adviser acting for both government and private clients on numerous occasions. Mr Taylor is currently appointed as quantum expert on projects ranging from a power station in Africa, to a the termination of a contractor in Cambodia and the development of a mini-city in the Middle East. He has given oral evidence in both international and domestic arbitration proceedings, as well as in the Singapore High Court. Mr Taylor has been involved with advising major international blue-chip clients on settlement of final accounts as well as liabilities and entitlements on project delivery. He has also represented major international contractors in negotiating and agreeing both the initial contracts and final accounts on major international projects. Previous roles include leading teams in preparation for international arbitrations on major international civil engineering projects; providing expert adviser services for government bodies; preparing, devising and implementing risk review procedures for a large contracting organisation; drafting contract and subcontract documentation and joint venture agreements; and carrying out risk analyses on tender documents.
Samuel is an expert witness who specialises in forensic construction planning and programming in a variety of contexts. Samuel is a partner in the project advisory and disputes practice of Accuracy in Singapore. He advises on best practice planning, management and logistics on complex projects, and acts as expert witness on extensions of time and analysis of delay, losses of productivity, disruption and acceleration on large construction, engineering and industrial projects throughout Asia and the Middle East. His work typically involves assessments relating to project overrun/delays, contract administration, construction logistics, construction methodology, construction strategy and risk management. Samuel has over 20 years’ professional experience in building & construction, transportation, oil & gas, process plants, renewables, land reclamation and Infrastructure projects. He has a background in project management and controls, with specific experience in project planning, acquired over a period of over 10 years’ in the UK, before relocating to the Middle East in 2010 and to Asia in 2014.Samuel has been appointed as delay expert witness in the High Court of the Republic of Singapore and international arbitration under ICC, SIAC, DIAC and other ad-hoc rules, as both party-appointed and tribunal appointed expert. He has testified under cross-examination and has experience in expert witness conferencing. Samuel is a Fellow of the CIArb, Member of the SIArb, has an LLM in construction law and arbitration, and a BSc (Hons) in construction management.
Ankura
FTI Consulting
460 Alexandra Road 22-05 mTower Singapore, 119963 Tel: +65 6276 9050 jon.prudhoe@ankura.com www.ankura.com
Peers and clients say: “Mr Prudhoe is an exceptional expert in the market” “Jon is outstanding for quantum issues” “He is incredibly well respected when it comes to delay issues on projects”
One Raffles Quay, #27-10, South Tower Singapore, 048583 Tel: +65 6831 7821 james.taylor@fticonsulting.com www.fticonsulting.com
Peers and clients say: “James is a very impressive quantum expert and collaborates well with a global team” “He is hardworking and fantastic to work with”
whoswholegal.com
Accuracy
1 Raffles Place #26-01 One Raffles Place Singapore, 048616 Tel: samuel.widdowson@accuracy.com www.accuracy.com
Peers and clients say: “Samuel is a brilliant construction expert” “He has immense experience across many construction sectors and the ability to explain technical matters in a concise and meaningful fashion” “He handles cross-examination very confidently” 103
Profiles | Expert Witnesses
Singapore
Spain
United Arab Emirates
Matthew Wills
Declan Tonge
David Merritt
Matthew Wills has over 25 years’ experience providing commercial, quantum, estimating, claims and disputes advice to local and international contractors, owners and operators in the oil & gas, engineering, procurement and construction industries. His experience on major construction and engineering projects spans 25+ countries across Asia, the Middle East, Africa, Europe, the US and Latin America with project values of between US$10 million to US$34 billion. For most of the last 20 years, Matthew has principally been involved in the offshore (FLNG, FPSO, FSO, platforms & jackets and marine & shipbuilding) and onshore (LNG, LPG, refinery and process plants) oil & gas and marine industries, providing claims, change order assessment, arbitration/dispute management, ADR/DAB advice, contracts advice and administration and Expert Witness (quantum and technical) services. Matthew practises internationally as an expert witness on both quantum and technical matters and has been appointed as expert on more than 30 occasions and testified on numerous occasions across the globe. Disputes under international arbitrations include all the international Rules (AAA, ICC, KLRCA, LCIA, LMAA, SIAC, SCMA and UNCITRAL) with dispute quantum values ranging from US$5 million to in excess of US$1 billion.
Declan has over 30 years industry experience across project and construction management, contract management, claims and dispute resolution. He has provided advice to main EPC contractors and specialist subcontractors, as well as support to dispute resolution teams at law firms, across many construction disciplines on an extensive international basis, in over 20 different countries throughout Europe, Latin America, Africa, South East Asia and the Middle East. Declan is extremely well versed in all aspects of the assessment, preparation and defence of claims with a focus on forensic delay analysis, damage quantification and resource productivity analysis. A Fellow of the Chartered Institute of Arbitrators, Declan has an exceptionally strong background in all forms of dispute proceedings including arbitration, adjudication, conciliation and Dispute Adjudication Boards (DAB). He has acted as Expert Witness many times, including with respect to project delays, quantum and resource productivity issues, in multiple forms of dispute resolution proceedings and under various arbitration rules and has testified as technical expert in numerous international arbitrations. His experience transcends multiple sectors, including power (renewable, fossil fuels and nuclear), oil & gas (including refineries, LNG Platforms and petrochemical facilities), civil infrastructure (including roads and bridges), water treatment and desalination plants. A native English speaker with strong Spanish and German skills, Declan also presents at a number of international conferences and continues to deliver a variety of training courses to clients on contract and claims management and dispute resolution.
A Chartered Quantity Surveyor and Chartered Civil Engineering Surveyor, David has over 35 years’ experience of the construction industry. In that time he has been engaged by contractors, private and public sector employers and various professional practices. David’s main area of technical expertise is in evaluating contractual claims, covering such subject matters as prolongation, disruption, acceleration, cost escalation, depreciation, head office overheads and loss of profit claims. He has been cross-examined on measurement issues, valuation of work carried out, variations, prolongation, and disruption. He has previously been appointed in matters before the Technology and Construction Court in the UK as well as international ICC, LCIA, DIFC and DIAC arbitrations. David is highly regarded as a quantum expert who produces robust analysis and evidence to clearly identify cause and quantify disputed sums, and was recognised by Who’s Who Legal in 2018, 2019 and 2020. WWL: Construction cited him as a “talented expert who is proficient at providing quantum analysis in disputes in the construction, civil engineering, transportation, rail and telecommunications sectors”. David is masters qualified from Kings College, London and is a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Institute of Civil Engineering Surveyors, a member of the Chartered Institute of Building, and a barrister. He is also a CEDR accredited mediator.
JS Held
8 Marina View Asia Square Tower 1, Level 43-045 Singapore, 018960 Tel: +65 98364429 mwills@jsheld.com www.jsheld.com
Peers and clients say: “He produces top-quality reports and is always very prepared for hearings” “He handles cross-examination very competently and does not take on unsustainable positions”
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J.S. Held
Diales Expert Witness Services
Calle Dr. Fleming 54 Madrid, 28036 Tel: +34 91 904 7159 declan.tonge@jsheld.com www.jsheld.com
Peers and clients say: “His delay analysis is rigorous and comprehensive” “He demonstrates strong knowledge and deep understanding of contractual issues”
whoswholegal.com
Dubai Tel: +971 4 551 5392 david.merritt@diales.com www.diales.com
Peers and clients say: “David is a brilliant quantum expert” “He is detail-oriented and consistently ensures that his deliverables are always of the highest quality” “Mr Merritt is extremely professional in dealing with his clients and very easy to work with”
Expert Witnesses | Profiles
Nabil Al Tawil
David Atkinson
John Boultwood
Nabil is a highly qualified and experienced construction professional with over 40 years of project management, claims and ADR experience. He is one of a small number of accredited Arabicspeaking dispute resolution professionals operating in the UAE and across the Middle East region; and is a registered expert witness with the High Court in Iraq. Nabil’s previous work, as a senior representative to the Abu Dhabi government claims committee for four years, has significantly enriched his knowledge of the common causes and resolutions of disputed projects in the region. He has been actively involved for several years in arbitration and mediation, and has repeatedly acted as sole arbitrator and chair of arbitration tribunals on cases in Iraq, Abu Dhabi and Dubai. In addition, Nabil has acted as an expert witness on many occasions and been cross-examined in litigation and arbitration proceedings Nabil’s experience covers all aspects of pre-contract and post-contract works, and he has acted as project manager on several major construction projects, such as the Sheikh Zayed Grand Mosque in Abu Dhabi. He is well versed in budget management, cost monitoring, value engineering and scheduling for all phases of engineering, procurement, construction and commissioning (EPCC). In addition to his engineering degree, Nabil holds a PhD from Reading University and an MSc from Loughborough University in construction management. He is a fellow of the Chartered Institute of Building and the Chartered Management Institute; a member of the Chartered Institute of Arbitrators and the Project Management Institute; an RICS-accredited mediator; and an accredited arbitrator by the Abu Dhabi, Dubai and Sharjah Arbitration Centres in the UAE.
David is a civil engineer with over 25 years of experience of large scale and complex construction projects. His experience has been gained whilst working for both leading design consultants and construction contractors. David has a thorough knowledge of the construction process having worked on traditional, design and build and partnering contracts and having represented both the employer and the contractor. He has extensive experience in construction management and programming, with over ten years of experience in performing cause and effect analyses of major delay and disruption claims. David has worked within the construction industry designing, planning and supervising the construction of major civil engineering works. He has worked across Europe, Middle East, and Africa and has worked on a number of high-profile oil and gas, infrastructure and building disputes. David regularly advises on planning and programming issues on major projects throughout the Middle East and Africa. He has been appointed as a planning expert on numerous occasions and has provided oral testimony in arbitration proceedings through both traditional cross-examination and concurrent evidence (hot-tubbing). David is a highly qualified professional with a degree in civil engineering, a master’s in construction law and arbitration, a master’s in maritime civil engineering and an advanced professional award in expert witness evidence (LETAPAEWE). He is also a fellow of the Chartered Institute of Arbitrators, a member of the Chartered Institute of Building and the Society of Construction Law, and a practising member of the Academy of Experts.
John is the managing director of Boultwood + Associates, formerly Global Head of Contract Services at Turner & Townsend. Over his career spanning 30+ years, John has built a strong reputation acting as Quantum Expert in complex, high value and high stakes cases. He has extensive experience in major projects and programmes with expertise in infrastructure, energy & power, property and industrial & manufacturing projects. While based out of the United Arab Emirates where he practises across the Middle East region John works with clients on matters in Africa, Asia, and Europe, working in collaboration with major international contractors, subcontractors and client bodies including government entities and leading counsel around the world. John has provided written opinion on 150+ occasions in relation to disputes up to US$10bn and has provided oral testimony on numerous occasions at hearing stage. John has provided opinion on a range of subject matters related to quantity surveying, relating to estimating remedial schemes, project budgets, termination valuation, cost and financial audit, preparation of final accounts, valuation of variations, re-measurement, inflation and assessment of disruption and prolongation cost claims. In addition, John provides client facing contractual advice on live projects including internal risk analysis and commercial strategy. He assists the parties with dispute avoidance, providing independent expert determination, alternative dispute resolution processes, as well as acting as a member of dispute adjudication boards and arbitration tribunals.
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, P.O. Box 31450 Tel: +971 50 6673803 nabiltawil@hka.com www.hka.com
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, P.O. Box 31450 Tel: +97143372145 davidatkinson@hka.com www.hka.com
Peers and clients say: “Nabil has a huge wealth of construction experience” “He is very much focused on client care and delivering the best outcomes for his clients” “He is very knowledgeable and liked by everyone”
Peers and clients say: “He is very independent and impartial, which helps client and legal team see both sides of the issue” “Mr Atkinson is a great communicator, who listens carefully and gets to the heart of what is going on” “David is very experienced and impressive on the delay side”
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HKA
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Continued overleaf
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United Arab Emirates
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John Boultwood (cont.)
Manus Bradley
Conrad Bromley
John has significant procurement experience on major projects and programmes and brings insight into the commercial and procurement model at the inception of projects.
Manus is a testifying delay expert who has over 21 years’ experience in large scale construction and engineering projects as a project engineer, project scheduler and delay analyst. He has experience in the development of project schedules for pre-construction and construction phases in a number of sectors including oil & gas, power, nuclear, buildings and large-scale infrastructure projects for both contractor and client organisations. Manus advises on planning and programming issues and acts as an expert advisor and expert witness in matters concerning project delay, disruption and acceleration. He has provided independent expert advice on major construction and engineering projects in Europe, Middle East and Africa in a variety of sectors that have failed to meet schedule expectations. He is regularly instructed as an independent delay expert witness. Manus has given written and oral evidence in Dispute Adjudication Board proceedings (DAB), domestic arbitration (DIAC, SCCA, DIFC-LCIA) and international arbitration (ICC) including cross examination by Queen’s Counsel and concurrent evidence (hot-tubbing). Manus is qualified in both engineering and construction law and holds a master’s in quantity surveying and commercial management. He is a member of the Chartered Institute of Arbitrators and a practising member of the Academy of Experts.
Al Habtoor Business Tower Office 1303 Dubai Marina Dubai, PO Box 449 Tel: +971 (0) 4 566 4778 john.boultwood@boultwoodassociates.com www.boultwoodassociates.com
One Central - The Offices 5 Level 1, Suite 106 Sheikh Zayed Road Dubai Tel: +97145655011 mbradley@secretariat-intl.com www.secretariat-intl.com
Conrad Bromley is a chartered quantity surveyor, chartered construction manager, RICS accredited expert witness, and RICS accredited mediator with over 20 years’ experience in construction and engineering projects internationally. He is a managing director with Secretariat and specialises in matters of quantity surveying practice including the valuation of damages, disruption and loss of productivity, variations, defects, and claims for acceleration and mitigation. Conrad holds an LLM in construction law & arbitration, a BSc (Hons) degree in quantity surveying, a post-graduate diploma in law, and a diploma in international arbitration. He is a fellow of the Chartered Institute of Arbitrators (FCIArb), a member of the Royal Institution of Chartered Surveyors (MRICS), a Member of the Chartered Institute of Building (MCIOB), and a practicing Member of the Academy of Experts (MAE). He is also honorary treasurer of the UAE Branch of the Chartered Institute of Arbitrators and an occasional arbitrator. Conrad is an arbitrator panel member for ABTA, the DIFC-LCIA, and the Chartered Institute of Arbitrators ‘Business Arbitration Scheme’. To date, he has been appointed by DIFC-LCIA as a Tribunal member and ABTA as sole arbitrator on more than 30 occasions. He is viewed as a highly competent expert by clients and peers alike and is said to consistently produce robust analysis. Conrad has been appointed as expert witness and expert advisor in adjudication, arbitration, and litigation. He acts as an expert witness in quantum and has been instructed more than a dozen times as a party appointed expert witness on projects up to US$ 5 billion in value, and disputes in excess of US$ 350 million. He has testified on several occasions, giving oral testimony in traditional cross-examination as well as concurrent evidence (‘hot-tubbing’) in arbitration, DAB, and DRB proceedings.
Peers and clients say: “John is a superb construction expert” “John is very responsive, accessible and digs into the detail in complex quantum claims” “He has a very strong reputation in the market”
Peers and clients say: “Manus is a very experienced delay expert” “His analyses are very practical, and can be easily understood by anyone” “He delivers the knowledge of complex cases in straightforward language”
Secretariat
whoswholegal.com
Secretariat
One Central - The Offices 5 Level 1, Suite 106 Sheikh Zayed Road Dubai Tel: +971 4 565 5011 cbromley@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Conrad is a star quantum expert” “He works very hard to attain client satisfaction” “He is diligent and thorough in his work and has lots of experience in the region”
Expert Witnesses | Profiles
Aidan Coyne
David Dellar
Aidan Coyne, managing director at Kroll, is a civil engineering and project management professional with over 20 years’ experience in the construction and engineering industry. He has significant experience in the design, construction and management of major projects, spanning a wide range of sectors that include commercial buildings, civil infrastructure, industrial, petrochemical plant, and residential projects throughout Europe and the Middle East. Aidan has been appointed as an independent expert and submitted written evidence in international arbitrations in relation to construction delay and disruption matters. He has given oral evidence and has been ‘hot-tubbed’. Aidan regularly provides technical and strategic project management advice including progress monitoring and risk analysis.
David Dellar is a managing director at Ankura, based in Dubai. He specialises in providing expertise in the principles and practical procedures required to identify causes of delay in large construction and infrastructure projects. David has acted as expert in matters of termination, disruption and quantification of time on more than 20 occasions. David is also a chartered structural engineer with over 19 years of experience in the engineering and construction industry. He worked on commercial, residential and industrial projects for professional practices. He now applies his skills and experience to construction projects specialising in project audit, claims preparation, delay, and disruption analysis and dispute resolution globally. David’s professional experience includes preparing narratives and analysis of programmes in defence of claims of acceleration prolongation and disruption to construction of a processing and manufacturing plant in Qatar; providing a review of contractor claims for time relating to the termination of the main contractor on an oil refinery project in Oman; acting as lead assistant advising on the development of a delay analysis for a complex LNG subsea project in Australia, and undertaking programme suitability and validation of method checks; reviewing claim methodology and identification of events in preparation for arbitration on a new gas processing facility in Trinidad and Tobago; undertaking detailed analysis of site progress and labour data in support of review on reasonableness of quantum meruit claim for a gas pipeline project in Australia; reviewing progress relating to the termination of a contract for the construction of an offshore deep water drilling ship; leading the technical coordination and expert review of engineering issues relating to fee entitlement for design consultancy on an operations camp in Nigeria; acting as delay expert for the review of processes in preparing EOT claims and advice on preparation for disputes for a power station in Algeria; acting as a delay expert to review the EOT claims and prepare advice on preparation for a multi-party dispute on a train
Kroll
Kroll Emerging Markets Office No. 701-702, Level 7, Liberty House Dubai International Financial Centre, PO Box 506829 Dubai Tel: +971 4 325 6245 aidan.coyne@kroll.com www.kroll.com
Peers and clients say: “The quality of his work and attention to detail exceed any expert I have worked with in the UAE” “Aidan is an excellent expert witness - he is very measured and calm”
Ankura
and metro station in the UK; performing an audit of factual matrix examining the performance obligations of a contractor undertaking final account negotiations prior to arbitration for a new airport in Oman; leading the programme management and detailed coordination of experts for mediation and arbitration proceedings on a new port and cargo facility in the UK; acting as delay expert to provide delay advice on a construction management hotel project in the UK; performing extensive review of project documents in order to identify delay events for input into a windows delay analysis relating to a multi-tower residential project in Dubai; assisting the delay expert on an exhibition hall project in Abu Dhabi in preparing “as-planned” versus “as-built” schedules using contemporaneous data in order to establish slippage and acceleration; preparing an analysis of the delay and disruption to fit-out works relation to a commercial building in Russia, comprising analysis of “as-built” dates recorded within the contemporaneous documents; undertaking a high-level assessment of project controls procedures and the development of recommendations for additional management procedures in relation to an Egypt shopping centre; performing a review of programmes and producing “as-planned” versus “as-built” analysis for a large mixed-use grandstand sports venue in Dubai.
Rolex Tower, Sheikh Zayed Road 7B, 7th Floor, PO Box 413705 Dubai Tel: +971 4 381 9039 david.dellar@ankura.com www.ankura.com
Peers and clients say: “David has deep knowledge of delay issues” “Mr Dellar is clever, knowledgeable and hard working” “He is very easy to work with as an expert”
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Profiles | Expert Witnesses
United Arab Emirates
Guy Elkington
Bill Haggart
Ankura
Guy Elkington is a senior managing director at Ankura, based in Dubai. He is a chartered quantity surveyor with over 30 years’ experience in the international construction industry, and has lived and worked in the UK, the Middle East and East Asia. Guy acts as an expert witness in construction arbitrations providing testimony on quantum issues. He also occasionally sits as an arbitrator on construction disputes. He has primarily been involved with FIDIC/ICE-based civil engineering, rail, infrastructure and building contracts, and EPC/fabrication contracts relating to the oil and gas and power projects. He has provided financial and commercial advice on a broad range of projects to a variety of organisations in both the public and private sectors. Guy’s professional experience in relation to process plants and power projects includes the provision of expert witness evidence and expert advice on disputes relating to oil and gas projects (both onshore and offshore facilities), power plants, sewage treatment plants and waste-to-energy plants throughout the Middle East region including the UAE, Iraq, Qatar, Iran, Oman, and Kuwait, on claims/disputes ranging from US$50 million to over US$1 billion. In the infrastructure arena, Guy has: been appointed to lead a multi-disciplinary forensic team on behalf of a Middle East government entity defending construction claims in arbitration in excess of US$5 billion, on a multibillion-dollar infrastructure rail project and simultaneously undertaking an independent assessment of those claims to enable settlement offers to be made/ achieved; been appointed as arbitrator on arbitration relating to the construction of an airport hangar facility in the Middle East; and provided expert advice on a number of new airport and infrastructure projects in the Middle East region and East Asia involving litigation, arbitration and insolvency issues relating to terminal construction, airfield infrastructure and other related transport connections/interfaces, port facilities, transport interchanges, and rail and metro projects.
HKA In commercial projects, Guy as acted as an expert witness and provided expert advice on mixed-use developments, and retail and hospitality-related projects including hotels, shopping centres (including those combined with office and residential structures) and sports facilities. In residential projects, he has provided expert evidence and advice on disputes relating to multiple residential projects, ranging from high-rise structures (100-plus storeys) to low-rise large-scale housing developments (500-plus structures), including many distressed and terminated projects.
Bill is a chartered engineer with 30 years of experience in the field of building services engineering (MEP). He has been appointed as a technical expert witness on several occasions. Bill has acted as technical expert, assistant to the named expert and as part of multi-disciplinary expert teams for disputes across Asia, Australia, Europe and the Middle East. He has given evidence in arbitrations, written technical expert reports and participated in expert meetings for projects with values in excess of US$500 million and for disputed sums in excess of US$50 million. Bill has extensive experience in the design, specification, monitoring and inspection of MEP systems for buildings and infrastructure projects in commercial, retail, defence, leisure, health, education, aviation and transport sectors. He has a thorough understanding of the interfaces and interdependences between the different MEP disciplines and systems involved in the design and construction of buildings and infrastructure projects. Bill has held senior positions in large, multi-disciplinary, international design and consulting engineering practices working on local, national and international projects; including successfully managing long-term frameworks for local authorities. He has worked with a variety of forms of contract and procurement routes ranging from PPP and PFI to NEC3, design and build, and prime contracting. Bill is a member of the Institution of Engineering and Technology, Chartered Institution of Building Services Engineers, Academy of Experts and an associate member of the Chartered Institute of Arbitrators.
Rolex Tower, Sheikh Zayed Road 7B, 7th Floor, PO Box 413705 Dubai Tel: +971 4381 9014 guy.elkington@ankura.com www.ankura.com
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, PO Box 31450 Tel: +971 4 337 2145 billhaggart@hka.com www.hka.com
Peers and clients say: “Guy is a brilliant construction expert” “He is unflappable, pragmatic and sensible in his approach” “He is everything a quantum expert should be”
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Peers and clients say: “Bill is a truly great technical expert” “He has become a go-to guy in the region”
Expert Witnesses | Profiles
Zane Hedge
Michael C Kenyon
Zane Hedge is a chartered construction manager who specialises in the fields of forensic delay analysis, planning, claims and contractual advice. He also acts as an expert witness in matters of delay. During his over thirty years in the construction industry, the last eleven of which have been in the Gulf Cooperation Council, he has been involved in a wide variety of projects, including building, civil engineering, airports, utilities, residential, retail, commercial, healthcare, power stations, desalination, process plants, and oil and gas. Before joining BRG, Mr Hedge was a partner of and led the Dubai office of a boutique international consultancy. Mr Hedge has a master’s degree in construction law and dispute resolution, as well as a master’s degree in project management.
Michael is a managing director at Berkeley Research Group. He is a chartered quantity surveyor and fellow of the Royal Institution of Chartered Surveyors and has more than 26 years of commercial management and construction claims experience. Michael specialises in supporting clients with issues relating to time and quantum that arise from troubled and distressed projects. Michael is an established practising testifying expert witness and is frequently called upon to provide independent testimony on matters of quantum associated with acceleration, delay damages, valuation of works, change orders and project disruption. Michael is based in Dubai and is Berkeley Research Group’s Middle East Construction lead. Prior to relocating to the Middle East he was based in the United Kingdom, where he worked on a broad portfolio of domestic and international projects. Michael provides support from Dubai to a broad range of regional and international clients, including owners, developers, engineers, architects, building and civil engineering contractors, ship builders, fabrication yards, EPC contractors, funders and insurers. Michael’s considerable expertise has been gained from having worked for both consulting and contractor organisations and on a wide range of projects, ranging from oil and gas, petrochemical, offshore, building and civil engineering infrastructure projects. He was selected as an independent party-appointed expert on matters of quantum in construction and engineering disputes in court, as well as arbitration proceedings. In addition, Michael was appointed as tribunal expert and has supported clients in adjudication, mediation and formal contract negotiations.
One Central, The Offices 2 Level 1, Unit 105 Dubai Tel: +97143367822 zhedge@thinkbrg.com www.thinkbrg.com
One Central, The Offices 2 Level 1, Unit 105 Dubai Tel: +971 52 873 8739 mkenyon@thinkbrg.com www.thinkbrg.com
Suite 203, NGI House, Port Saeed Road Deira Dubai, PO Box 120 Tel: +971 4 298 1760 david.murphy@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Zane is an expert with a sharp mind” “Mr Hedge is very rigorous in his analyses” “He is an extremely reliable expert when it comes to a variety of construction claims and disputes”
Peers and clients say: “Michael has a very good understanding of the technical nature of construction disputes” “His communication is always clear and concise”
Peers and clients say: “David has outstanding management skills and is excellent at advising clients” “He is one of the best around for complex construction claims”
Berkeley Research Group
Berkeley Research Group
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David Murphy FTI Consulting
David Murphy is a senior managing director in the FTI Consulting forensic and litigation consulting practice. He is also head of FTI’s construction practice in the Middle East where he has been based since 2005. He has extensive experience in providing expert advice on complex and high-value infrastructure, building, oil, gas, process, power and transit project disputes. In doing so he has provided expert advice and led teams to achieve successful resolution of highly contentious matters. David is well known for his eye for detail and his ability to simplify complicated matters. He has drafted numerous contracts, LOEs, claim documents, rebuttal documents, case statements, and supplemental agreements. He has been a major contributor in numerous adjudications and arbitrations on behalf of employer organisations and main contractors. David is dual qualified, holding a construction management degree and a postgraduate law diploma from the College of Law, UK. He is a member of the Chartered Institute of Arbitrators.
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Profiles | Expert Witnesses
United Arab Emirates
Jacqui Record
Mike Saulsbury
Ankura
Jacqui Record is a senior managing director at Ankura heading the disputes & investigation practice for EMEA and APAC and has been based in Dubai for the past 11 years. She is a UK chartered accountant (Fellow of the ICAEW) and has more than 25 years of broad litigation and forensic investigation experience mainly within the Big 4 across the UK, Europe, Middle East and Africa. She has provided expert evidence over 50 times in a wide variety of forums around the world. As an accounting expert witness in the Construction area Jacqui’s key areas of expertise have related to oil & gas and broad infrastructure, hospitality and leisure and residential. Whilst her work has been predominantly focused on international arbitration, she has also acted as an Expert Assessor and has been appointed on a number of large local Arabic court matters, as both a court appointed and party appointed expert assisted by her Arabic team. In terms of her expert appointments, examples of Jacqui’s appointments include: as expert for the claimant, a Middle East oil and gas entity, in an ICC UK matter to assess quantum on a terminated infrastructure project; as a Dubai Senior Court expert in a large shareholder dispute for a multinational family-owned construction business group; as expert for the claimant in a DIAC arbitration to assess the loss of profit on the delay in the operation of a hotel; as expert for the respondent in a Qatar arbitration to assess the loss of profit on the termination of an asset build and operate agreement; as expert acting for the claimant in a DIAC arbitration matter regarding the early termination of a processing plant project in Africa assessing loss of profits, actual costs, and settlement agreements for suppliers; as expert on a UK construction adjudication matter to assess the calculation of claims for variations in the contract for a large transport parastatal and as expert on a construction JV dispute to determine equitable profit sharing and wasted costs in terms of industry standards on a large infrastructure project.
Secretariat She has also acted in an investigation/dispute advisory capacity regarding potential claims on a multibillion-dollar transport infrastructure project including cash flow and cost reviews; an investigation for a European construction company into irregularities at its Dubai subsidiary, including financial statement reconstruction; and an investigation of the developer of a large residential and leisure development. Overall, Jacqui has extensive Construction experience and the unique ability to be able to work across disputes and investigations and across a wide variety of local and international forums to provide flexible support. Her extensive testifying experience and deep industry knowledge has been highly valued by tribunals and courts around the world to bring clarity to complex matters.
Rolex Tower, Sheikh Zayed Road 7B, 7th Floor, PO Box 413705 Dubai Tel: +971 04 381 9038 jacqui.record@ankura.com www.ankura.com
Peers and clients say: “Jacqui is a top-tier expert witness in construction-related disputes” “She is a market-leading construction expert” “She is the one to have on your side”
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Mr Saulsbury is a managing director of Secretariat. He specialises in providing consultation on construction and engineering projects and has principally been appointed by clients, or clients legal counsel, who are involved in large capital projects or other construction-related matters. He is frequently appointed as an independent expert and has testified many times as an expert witness. Mr Saulsbury has lived and worked in the United States, the United Kingdom, and the United Arab Emirates. His professional experience includes working with global owners, developers, engineers, contractors and stakeholders to consult on matters related to project management, project controls, scheduling/programming, contract disputes and claims. Mr Saulsbury has been appointed as an independent expert on matters of scheduling/ programming and project delay on construction disputes in arbitration, litigation, adjudication, mediation and formal contract negotiations and has testimony experience on large high-profile international disputes. He has extensive expertise in critical path method (CPM) scheduling/programming, concentrating on claims and disputes arising from project delays. His deep experience includes analyses relating to delay, disruption, productivity, time impacts, acceleration, and other project management and construction issues. Mr Saulsbury has also consulted on matters and disputes related to insurance claims on construction projects, construction operations and cost estimating.
Expert Witnesses | Profiles
Ryan Shalabi
Turner & Townsend Prior to his consulting and expert witness experience, Mr Saulsbury’s background and experience includes general contracting, engineering design and planning, and construction management. He has held project management responsibilities for the construction of various public and private projects in the US. Mr Saulsbury received a degree in civil engineering from Virginia Tech and a master’s degree in civil engineering from Stanford University.
One Central - The Offices 5 Level 1, Suite 106 Sheikh Zayed Road Dubai Tel: +971 4 565 5011 / +971 56 307 3029 msaulsbury@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Mike is by far one of the best delay experts currently working” “His delay analysis is very much focused on the facts and he explains them in the most common sense and practical approach” “He may be one of the best delay experts globally”
Ryan Shalabi leads Turner & Townsend’s contract services and expert practice in the Middle East. He is a Partner in Turner & Townsend, having joined the UK business as graduate, before then taking on a range of international assignments. He has over 20 years’ experience gained in the UK, Europe and Middle East, with a keen focus on the fields of dispute avoidance, dispute resolution, and the provision of expert testimony. Ryan provides independent advice in contract and quantum related matters in the infrastructure, natural resources and real estate sectors, and is regularly retained to advise in matters of commercial and dispute resolution strategy in the context of major projects, often exceeding several billion dollars in value. His experience covers a wide range of quantum issues, including methods of measurement, valuation of variations and claims, final accounts, prolongation, disruption, suspension, termination, and defective works. Ryan has acted as a quantum expert witness in litigation and arbitration cases in the Middle East, Europe and the UK, and has extensive experience of dispute resolution proceedings in international jurisdictions. He is fluent in both Arabic and English, and is equally able to advise his clients in formal matters and proceedings conducted in either language. In addition to his testifying experience, Ryan is regularly retained to support the Middle East’s most significant capital investment programmes, and is relied upon for strategic advice in the resolution of complex contract matters and the mitigation of commercial risk. He is currently engaged on some of the region’s largest aviation, rail and mixed used developments, where he provides contract, quantum and dispute resolution advice across the programme life cycle.
Ryan is a Fellow of the Royal Institution of Chartered Surveyors, an Accredited Mediator, and a Member of the Chartered Institute of Arbitrators. He holds an LLM in Construction Law and Arbitration, a Post Graduate Diploma in Quantity Surveying, and a BA in Arabic Studies.
Unit 1103 11th Floor Dubai, 12857 Tel: +971 0 56 874 7680 ryan.shalabi@turntown.com www.turnerandtownsend.com
Peers and clients say: “Ryan is very active in the region – he knows the construction scene through and through” “He is a star” “Ryan is incredibly professional”
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Profiles | Expert Witnesses
United Arab Emirates
Paul Taplin
Michael Tonkin
Ankura
Paul Taplin is a senior managing director at Ankura, based in Dubai. He has more than 31 years’ experience in the construction sector; as a fellow of the Royal Institution of Chartered Surveyors (FRICS), he is a highly experienced forensic chartered quantity surveyor, chartered construction manager and quantum expert specialising in the evaluation and analysis of complex construction claims on major domestic and international projects. Paul relocated to the UAE in 2013 from London. Paul has extensive international experience covering the UK, mainland Europe, the Middle East, Asia Pacific and the US. With pan-sector experience, Paul has covered a diverse mix of projects including infrastructure, building, power, civil engineering, industrial, water, and oil and gas pipelines. Paul is regularly appointed as a quantum expert witness and has given evidence many times in the UK, the UAE, Bahrain and Virtual Hearings. He has been cross-examined by QCs and has experience of witness conferencing (“hot-tubbing”). Being a CIArb panel-registered adjudicator, Paul has acted in over 100 adjudications encompassing a variety of different disputes. He is also a CEDR-accredited mediator and has acted as mediator and party representative. In the past Paul has been a committee member of the Adjudication Society; a member of the Technology and Construction Court Users Committee; and a fellow of the Forum of the Built Environment. He is presently a member of the Society of Construction Law. Paul has been appointed as quantum expert on a number of very large construction disputes which have been the subject of international arbitration. On average he gives oral expert witness testimony three or four times a year to arbitration tribunals in various jurisdictions. The arbitral panels are often made up of QCs, barristers, lawyers, architects, engineers and/or surveyors. Paul has been regularly commended on his ability to simplify complicated matters for the benefit of the tribunal.
HKA Historically Paul has acted in the capacity of construction claims adviser either on behalf of main/sub-contractors preparing contractual entitlement claims or on behalf of employers defending such claims. Paul is also a CIArb panel adjudicator and has been involved in over 100 adjudications since the inception of the UK Housing Grants, Construction and Regeneration Act on 1 May 1998, either in the capacity of party representative (for either the referring or the responding party) or as adjudicator. Such was the success of the statutory process, in early 2000 adjudication became the number-one form of dispute resolution in the UK overtaking arbitration, litigation and any other forms of alternative dispute resolution. Paul spent over 13 years at the forefront of this dispute resolution process as it evolved and developed. Paul is a CEDR-accredited mediator and has acted in the capacity of mediator on numerous occasions as part of the Pre-Action Protocol where under the Civil Procedure Rules in the UK parties in litigation are obliged to mediate their disputes prior to a court hearing. Paul has also acted as party representative on numerous occasions.
Rolex Tower, Sheikh Zayed Road 7B, 7th Floor, PO Box 413705 Dubai Tel: +971 4381 9034 paul.taplin@ankura.com www.ankura.com
Peers and clients say: “Paul is viewed in the market as a real star” “He is an incredibly reliable and impressive construction expert” “Mr Taplin is always very hardworking and diligent in his approach”
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Michael Tonkin BSc DipArb DipICIArb FRICS FCIArb FCIOB FDBF MAE CArb is a Chartered Quantity Surveyor, Chartered Arbitrator, CEDR Accredited Mediator, RICS Accredited Expert Witness and testifying Expert Witness in quantum with over 30 years of experience in the construction industry. He leads HKA’s Expert Services practice for the Middle East, Asia & Africa. Michael has provided commercial advice to a variety of clients on a wide range of projects including residential, commercial, hotels, schools, MEP, wastewater treatment works, pipe laying, water, power plant, civils, building, leisure, oil & gas, regeneration, major sports venues, roads and highways. He acts as an expert witness in quantum (testified 11 times) and has been instructed more than twenty-five times as a party appointed Expert Witness, a single joint Expert Witness and a Third Party Expert Evaluator on disputes up to US$4 billion in value. He has given oral testimony in traditional cross-examination as well as concurrent evidence/hot-tubbing. Michael often acts as “Coordinating Expert” across several disciplines of expert. He is named in WWL: Construction 2020 (Expert Witnesses) and WWL: Thought Leaders – Construction 2020. Michael has been appointed as arbitrator on more than 60 occasions (as sole arbitrator, chairman of a tribunal of three, and co-arbitrator) under the auspices of ICC, LCIA, DIAC, ADCCAC and the TAI. He is a listed panel member for the following arbitral institutions: DIAC, LCIA, ADCCAC, QICCA, CIArb, RICS President’s Panel, HKIAC, SIAC, KCAB, KLRCA, EMAC and TAI. He also acts as dispute resolver in other ADR such as adjudication and DAB’s and is a member of the DRBF. Michael is an “Arbitrator” Member of the Society of Construction Arbitrators. Michael is a former Trustee and Honorary Treasurer of the Chartered Institute of Arbitrators as well as a past Chairman and past Vice Chairman of the UAE Branch.
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, P.O. Box 31450 Tel: +971 4 337 2145 michaeltonkin@hka.com www.hka.com
Peers and clients say: “Mr Tonkin is an incredibly reliable expert who never needs to be chased” “His strength comes from his approach as a constructive realist” “Michael takes his work seriously and is always available and helpful”
Expert Witnesses | Profiles
USA • Arizona
Dimitrios Tousiakis
Tommy Wakefield-Smith
Israel Almodovar
Dimitrios is a testifying delay expert, a Chartered Civil Engineer and an RICS Accredited Expert Witness with international experience in forensic delay analysis for dispute resolution and directly in the construction industry. He has been cross-examined and has been appointed numerous times as independent delay expert witness for ICC, DIAC, DIFC-LCIA, ADCCAC arbitrations and adjudications. He has also provided independent expert opinion to contractors and employers in various types of projects, including residential projects, high-rise buildings, airports, healthcare, rail, power stations and oil and gas. Dimitrios is experienced in leading complex delay and disruption disputes through the whole dispute resolution process. He is capable of simplifying complex dispute matters by using intuitive visual representations supporting a sound methodology and arriving at clear and persuasive conclusion. Dimitrios has substantial experience and expertise in the design and construction of steel structures. He has a combination of office and site experience and has worked as an engineer in both consultancy and contractor environments. Throughout the years, he has acquired experience and responsibilities in all stages of the project lifecycle from tendering to design, construction and supervision, through to certification and dispute resolution. Dimitrios holds a master’s in both civil engineering and structural steel design and business management. He is a member of the Institution of Civil Engineers, an associate member of the Academy of Experts and is fluent in both English and Greek. Clients commend his “real assurance” attitude and performance during cross-examination, his “professional manner” and “detailed analysis” as well as his ability to deliver “robust analysis” that can be “easily understood”.
Tommy is a civil engineer with over 20 years’ experience on engineering and construction projects across the UK, South Africa, the Middle East and Australia in the resources, rail, energy and construction sectors. He is an international expert in project planning, programming and the analysis of delay, disruption and acceleration; has been instructed on numerous expert appointments; has acted as expert determiner; testified in ICC arbitration; and been “hot-tubbed”. Prior to founding SCI, he was principal at Tracey Brunstrom & Hammond; and before that, director at Hill International/HKA. He started in construction working for main contractors, where he delivered three projects on time and doubled tender profits. He has implemented national planning improvement programmes for two of the UK’s largest engineering companies, sat on the London Underground planning steering committee, and worked in lead planning roles on multibillion-dollar projects with EPC firms Bechtel and Parsons Brinckerhoff. He has been responsible for project management, planning, commercial and risk functions; is experienced in all phases of the project life cycle from feasibility studies through to commissioning. His experience in all aspects of the project life cycle provides him with a thorough understanding of the true cause and effect of project-related issues.
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, P.O. Box 31450 Tel: dimitriostousiakis@hka.com www.hka.com
Office 404, Al Saaha Offices – B Souk Al Bahar Dubai Tel: +971 50 363 1668 tws@synelci.com www.synelci.com
Israel Almodovar is a senior managing director at Ankura, based in Phoenix, with over 20 years of experience in the construction industry. He specialises in providing expert witness and advisory services on domestic and international construction projects in the areas of schedule delay, cost overruns, and other project management issues. Since 2017, Israel has been recognised in the annual rankings of WWL: Construction, WWL: Consulting Experts and WWL: Arbitration. He has lectured at various international conferences regarding project administration and construction claims issues. He is fluent in Spanish. The projects for which Israel has provided his expertise entail a variety of issues such as delay, disruption, acceleration, force majeure, differing conditions, contract risk allocation and termination for default, among others. His clients include owners, contractors, subcontractors, suppliers and insurance companies. Israel’s project experience includes work in various countries throughout the USA and Latin America. Israel’s recent disputes and expert witness experience includes performing a delay analysis for the construction of a US$200 million, 300km gas pipeline in Peru, involving the provision of expert reports summarising Israel’s opinions and expert witness testimony on behalf of the contractor during the ICC arbitration hearings related to the dispute between the contractor and the project owner. He also provided expert testimony on behalf of a tunnelling subcontractor during ICC arbitration proceedings between the subcontractor and the project EPC contractor in relation to a hydroelectric power plant in Guatemala. The dispute arose due to the termination of the US$55 million tunnelling subcontract by the contractor, who was responsible for the construction of a 114MW hydroelectric power plant in Guatemala. Israel’s opinions were based on his analysis of delays to the tunnelling work and the overall project.
Peers and clients say: “His methodical approach is incredibly helpful to lawyers depending on delay analysis” “His written work is on point and it saves hours of time” “He is always willing to go the extra mile”
Peers and clients say: “Tommy is always well prepared and presents his evidence in a clear, credible way” “He impressively withstands aggressive cross-examination” “He always knows his stuff!”
HKA
Synel Consulting International
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Ankura
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Profiles | Expert Witnesses
USA • Arizona
California
Israel Almodovar (cont.)
Peter V Badala
He also performed a delay analysis related to the fabrication and erection of structural steel work for the construction of a $475 million upscale shopping centre in Puerto Rico. Israel provided expert opinions on behalf of the structural steel subcontractor, in its dispute against the project’s general contractor, during the American Arbitration Association proceedings between the parties, which was settled prior the scheduled hearings. Israel also provided expert opinions on behalf of the owner regarding the termination of a US$15 million contract for the construction of a 9MW hydroelectric power plant in Panama. He provided expert reports and hearing testimony during the ICC arbitration proceedings between the owner and the contractor. His testimony addressed issues such as delay, disruption, and damages. Israel provided advisory services to the owner of a portfolio of gas transportation assets in Mexico. His services included the review of project records, including communications, schedules and cost reports, and providing recommendation to management for claims management and mitigation purposes. He provided advisory services, including contract and project control management, to the owner during the construction of a US$500 million, 300MW coal-fired power plant in Guatemala. Due to significant delays encountered during the construction of the project, the owner terminated the EPC contractor for default. Israel continued to provide his services through the termination of the contractor and the re-procurement of the project and provided litigation support services for the termination-related arbitration proceedings.
Peter V Badala is a senior managing director at Ankura based in San Francisco. For over 38 years, he has provided quantum expert analysis and testimony on hundreds of construction projects globally. Peter’s clients include major international law firms, public and private owners, developers, A/E firms, contractors, sub-contractors, materials suppliers, sureties and financial institutions. Peter’s quantum expert appointments have included construction cost audits; project risk assessments and project control reviews; contract terminations (for convenience and default); the evaluation and pricing of changed work; the preparation and analysis of claims for delay, acceleration, disruption and lost productivity, project status reviews; prudence investigations; false claims investigations; and business interruption claims and economic damages (including diminution of asset value and lost profits calculations). Peter’s project experience spans all industry sectors including chemical/petrochemical, education, sports entertainment, healthcare, hospitality, housing, infrastructure, manufacturing, military, mining and minerals, oil and gas, power, shipbuilding and repair, transit, telecommunications and water/wastewater, among others. He has offered oral and written expert testimony before: the Singapore International Arbitration Centre; the International Court of Arbitration of the International Chamber of Commerce (ICC); the United Nations Commission on International Trade Law (UNCITRAL); US federal and state courts; federal and state regulatory commissions; the American Arbitration Association (AAA); the British Columbia International Commercial Arbitration Centre (BCICAC); and the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
Ankura
201 E. Washington St. Suite 1700 Phoenix, 85004 Tel: +1 602 528 8055 israel.almodovar@ankura.com www.ankura.com
Peers and clients say: “Israel is a great expert with excellent delivery” “We are impressed by his in-depth analysis and clarity when delivering his findings” “He has an extraordinary ability to recall dates and facts of a project” 114
Peter lectures frequently on topics ranging from construction claims pricing and damage theories, construction contract accounting practices and procedures to strategies on how to successfully resolve disputes prior to litigation. He was a speaker at the ABA construction forum/TIPS programme on claims pricing theories and techniques; PESI law and accounting; and continuing professional education for professionals in the construction industry. He has also spoken at he national and international construction super-conferences. In addition, Peter has been a contributing editor to Wiley’s construction law handbooks.
425 California Street Suite 2600 San Francisco, 94104 Tel: +1 415 356 7113 peter.badala@ankura.com www.ankura.com
Peers and clients say: “Peter is recognised as a senior-level damages professional” “He has superb experience of many large and significant construction cases” “He is responsive and great to work with”
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Expert Witnesses | Profiles
Kenneth R Baker
William A Cook
HKA
Ken is a partner at HKA with more than 40 years of experience in the construction and engineering industries. A registered professional engineer and a licensed general contractor, his varied, hands-on project experience provides a strong basis for over 180 expert appointments in various delay, disruption and quantum matters. Ken has worked as principal engineer, structural engineer, project manager and construction manager, and in various leadership roles, in the contracting, construction management and claims arenas. He has been involved in design-construction programmes and projects across North America including major infrastructure developments (including rail, roadways, bridges and dams); a wide variety of commercial, institutional, laboratory-research, residential and retail building projects; and major power, water, waste-water and industrial facilities. Ken’s claims-related expertise includes the identification and evaluation of construction and real estate risk; claims concerning schedule delay and extended performance, lost productivity and disruption, and acceleration; scope, documentation and contract performance requirements; general contractor performance issues; construction manager professional practice issues; and construction defect matters. He has prepared and evaluated as-planned and as-built schedules; contemporaneous and retrospective delay analyses; productivity impact and acceleration analyses; issue merit and responsibility analyses; construction defect lists and repair cost estimates; and cost and damages claims. Ken also provides services to clients in the areas of project advisory risk assessments, claims avoidance and mitigation; distressed real estate asset investigations; mechanics lien claim analysis, priority and valuation; construction management; and general contracting services during pre-construction, design, construction and post-construction.
HKA Ken develops expert reports and provides expert testimony in arbitration, litigation and mediation. He specialises in complex construction claims related to delay, lost productivity, acceleration, disputed contract scope and extra work, professional practice issues, construction defect matters, and claim damages. In support of his extensive expert testimony experience, he has developed graphs, charts, spreadsheets, annotated schedules and visual displays of quantitative information for use as trial exhibits and in expert presentations. He has been cross-examined at arbitration and trial on more than 20 occasions, including concurrent evidence (hot-tubbing). Ken has written articles and delivered numerous seminars regarding his specialist subjects. Clients agree that Ken is a “consummate professional” and that his expertise has been “a key component in being able to reach a negotiated settlement”. Others agree that he “quickly grasped the issues [and] successfully bridged the gap between the parties” and that he “works without bias and in the most neutral manner possible”.
Bill is a partner at HKA with 40 years of experience in the construction industry as an expert witness and construction manager. His experience includes programme, project, construction and operations management and post-construction claims resolution, litigation and trial testimony experience serving as an expert witness. Bill’s expertise spans a broad variety of project types including airports, casinos, concert halls, courthouses, education, highways, hospitals, hotels, industrial, libraries, office buildings, parking structures, sports stadiums, theme parks and transportation facilities. He was also a construction management specialist to FEMA’s Public Assistance group in the aftermath of Hurricane Katrina. Bill has served as an independent technical project arbitrator and mediator for disputes in ongoing construction projects. He has provided project audits, project management turnaround and dispute resolution services and has testified in many dispute resolution forums including jury trials, bench trials, arbitrations, and mediations. Bill has testified and analysed claims involving the areas of schedule/delay analysis, CM standard of care, contractor performance, extra work, errors and omissions and damages. Case size has ranged from less than US$1 million to more than US$100 million. Bill’s hands-on programme and project management experience includes a US$850 million waste-water facility programme and a US$700 million rail line. His construction claims analyses include Disney Concert Hall, Miller Park Major League Baseball facility, Lancaster Wastewater Treatment Facility, Royal Palm Resort (Guam), Montage Deer Valley Hotel and Kaiser Permanente Hospital, Harbor City.
12555 Highbluff Drive #310 San Diego, 92130 Tel: +1 858 832 8844 kenbaker@hka.com www.hka.com
Peers and clients say: “Ken always has the respect of opposing counsel” “He possesses great credibility and professional presence” “Mr Baker makes an excellent witness and is well informed on many topics”
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Profiles | Expert Witnesses
USA • California
William A Cook (cont.)
Mike Kling
Gene Lash
Bill is a professional engineer in California. He earned a BS in civil engineering from Rutgers University College of Engineering and is a past member of the board of directors of the Construction Management Association of America as well as a past Los Angeles chapter president. He has presented seminars to the LA County Bar Association and to many other trade associations and conferences on a variety of subjects from reading plans and structural engineering to scheduling and claims analysis.
Mr Kling is a managing director with Secretariat based in Los Angeles, California. He is a licensed civil engineer and attorney specialising in providing independent expert advice on construction projects in the areas of cost and quantum, contract review, delay and disruption, and productivity analyses. Mr Kling has been appointed as an expert on numerous disputes in Asia, Europe, United States, South America and the Middle East. He has testified on matters of quantum including disruption and loss of productivity related issues. His overall experience includes large infrastructure and commercial projects, including highways and bridges, rails and tunnels, entertainment and hospitality, airports, education, healthcare, oil and gas, nuclear, high rise commercial/residential, and water/wastewater treatment projects. Mr Kling also has significant experience with construction cost audits, change order and claims reviews, project management and controls reviews, risk reviews, and fraud investigations. Prior to Secretariat, Mr Kling was employed by a top 10 contractor in the United States working closely with the executive teams on cost and schedule issues. Mr Kling also has significant Big 4 accounting firm experience working with owners, developers, attorneys, and contractors on a variety of large infrastructure and commercial projects. In addition, Mr Kling has worked both as an engineer on large infrastructure projects and as an attorney representing architects and engineers in litigation. All of this experience, over more than 25 years, has provided him with a unique background and perspective in the engineering and construction industry. Mr Kling holds bachelor of science degrees in civil engineering and architectural engineering, a Juris Doctorate degree, and is Bar certified and a licensed Professional Engineer (PE) in several states.
Gene Lash, MBA, CPA, CFF, and senior director at Delta Consulting Group, has over 33 years of experience assisting clients with forensic accounting and economic damage issues. His expertise includes financial fact-finding, forensic accounting, quantification of damages, and special purpose audits on a wide variety of commercial and construction-related disputes. Mr Lash’s commercial experience includes quantifying damages related to breach of contract, breach of fiduciary duty and patent, trade dress, and trademark infringement. He has been retained by a wide range of clients, including Fortune 500 companies, close-held family businesses, internet start-up ventures, and insurance companies. His construction experience includes proving extra work claims, delay and acceleration claims, disruption claims, lost profit claims, and identifying the elements of false claims. Mr Lash’s construction clients range from private owners, governmental entities, contractors, sub-contractors, insurance carriers, and architect/engineering firms on a broad range of projects including airports, casinos, residential, commercial, and mixed-use development, hospitals, pipelines, processing plants, power plants, light rail, dams, reservoirs, roadways, bridges, schools, and universities. He has written articles on proving and pricing construction claims, including a chapter on lost profits. Mr Lash has testified in both state and federal courts and various arbitration forums, and he has presented his findings in mediation and negotiation settings. He studied at the University of California at Berkeley, where he obtained his MBA and a dual undergraduate degree in economics and applied mathematics. Mr Lash is a certified public accountant in the State of California and is certified in financial forensics.
4605 Lankershim Blvd. Suite 840 North Hollywood Los Angeles, 91602 Tel: +1 818 657 9043 williamcook@hka.com
Peers and clients say: “William is very knowledgeable about all aspects of the construction industry” “He is very skilled at presenting his findings in an understandable and persuasive fashion” 116
Secretariat
Delta Consulting Group
2100 E Grand Ave. Suite 375 Los Angeles, 90245 Tel: +1 310 819 4951 mkling@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “He is convincing in his delivery of case facts, and thoroughly answers all questions that arbitrators have” “Mike is the consummate professional” “He is attentive to details and his steady demeanour puts clients at ease even during the most contentious disputes” whoswholegal.com
2010 Crow Canyon Place Suite 100 San Ramon, 95483 Tel: +1 925 359 3213 glash@delta-cgi.com www.delta-cgi.com
Peers and clients say: “Mr Lash is able to drill down on the weak areas of a case and shore them up” “He is able to quickly explain the issues he finds as an expert” “He knows and understands the experts on the other side”
Expert Witnesses | Profiles
Colorado
Ted Scott
Tod Somerville
John Jerz
Mr Scott is a managing director of Secretariat and manages their West Coast practice in the United States. He is a licensed civil engineer, with over 25 years of experience in the construction industry, specialising in dispute resolution, delay and disruption analyses, cost overruns, scheduling and project controls. His experience spans a variety of largescale infrastructure and commercial projects including airports, casinos, education, high-rise commercial/residential, highways and bridges, hospitals, hotels, judicial, oil and gas, ports, power, rail, stadiums, tunnels and water/wastewater treatment facilities. Mr Scott has been appointed as an expert on numerous disputes in Asia, Australia, Europe, North America and the Middle East. He has testified in US federal and state courts and in arbitrations (under ICC, AAA and JAMS rules) as an independent expert on matters of scheduling, project delay, loss of productivity and quantum. Mr Scott is also an author and frequent speaker on a variety of construction-related topics. He currently serves on the American Society of Civil Engineers’ committee for the development of a national standard for conducting CPM schedule delay analyses in construction. Prior to working in the consulting field, Mr Scott worked both as a civil engineer and scheduler on several large highway and bridge projects gaining hands-on experience from the ground up. Mr Scott received both a BS in civil engineering and an MBA from Virginia Tech.
Mr Somerville is senior principal with SOCOTEC. He has been involved with the construction industry since 1986, with experience encompassing various aspects of architecture, construction, project management. His architectural and construction-related experience involves projects worldwide, and includes low-rise, high-rise, commercial, residential, institutional, industrial, infrastructure and government projects as well as hospitals, hotels, resorts and casinos. Mr Somerville’s background and experience in both design and construction have allowed him to qualify and testify as an expert in scheduling and delay analysis, as well as estimating, construction management, and architectural standard of care. Mr Somerville also has extensive experience leading presentations in numerous facilitated mediation and settlement venues. Previous positions have included managing partner of a national construction management firm, specialising in construction claims and litigation support; interim director of a large multidisciplinary international consulting firm; project manager of a national construction management services firm; director of operations for a large international architectural composites manufacturer; and director of construction administration for an architectural firm. Mr Somerville has a bachelor’s degree in architecture from California Polytechnic State University, Pomona. He is a licensed architect in California, Arizona, Hawaii and Texas; a member of the American Institute of Architects; and board-certified with the National Council of Architectural Registration Boards (NCARB). He has been certified as a firefighter by the California state fire marshall, and as a disaster services worker by the California State Office of Emergency Services with a specialty in post-earthquake damage.
John Jerz has more than 29 years of international experience in the construction and engineering sectors. His areas of expertise include project management, planning, critical path method (CPM) scheduling, delay analysis, cost analysis, and productivity analysis. Mr Jerz’s project experience consist of airports, chemical plants, telecommunications, water treatment plants, offshore oil platforms, oil and gas plants, pipelines, natural gas fields, commercial buildings, and power plants. He has provided program/project management and control services, construction claims, engineering, implementation, operations, and quality assurance services to projects ranging from $20 million to more than $30 billion. In addition to analysing delay and disruption claims ranging from $3 million to more than $5 billion, he has evaluated the performance of owners, engineers, and contractors by reviewing schedules, productivity, cost, and change orders. Mr Jerz’s responsibilities have also consisted of project planning, contract review, budget and financial model development, vendor negotiations and management, and database development. As an engineer, he facilitated the design, procurement, implementation, and testing of telecommunications equipment and facilities. He also served as a shift supervisor and sergeant in the US Army, where he operated, tested, and maintained satellite and fiber-optic communication equipment Mr Jerz’s specialised computer software skills include Primavera Project Planner (P3), Primavera P6, Primavera Risk Analysis, Microsoft Project, Acumen Fuse, SAP, and JD Edwards. He has a bachelor’s degree in electrical engineering and a master’s degree in project management.
Peers and clients say:
Peers and clients say: “In addition to his strong technical skills, John is incredibly good to work with” “He is excellent at reviewing large amounts of data and identifying themes, patterns and trends which can form the basis of strategic and key positions” “He presents his findings clearly, and his analysis is always sound”
Secretariat
SOCOTEC Advisory LLC
2100 E Grand Ave. Suite 375 El Segundo Los Angeles, 90245 Tel: +1 310 819 9011 tscott@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “I have nothing but praise for Ted as an expert” “Mr Scott always works quickly and accurately” “He has excellent analytical skills and is a superb witness”
27412 Aliso Creek Rd Aliso Viejo, 92656 Tel: +1 949 209 0938 tsomerville@c2gi.com www.c2gi.com
whoswholegal.com
Berkeley Research Group
8400 E Crescent Parkway 6th Floor Greenwood Village, 80111 Tel: +1 856 448 3519 jjerz@thinkbrg.com www.thinkbrg.com
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Profiles | Expert Witnesses
USA • Colorado
Cory Milburn
Anamaria Popescu
Greg D Crider
For over 21 years, Cory Milburn, director at Delta Consulting Group, has guided clients through management optimisation, risk mitigation, and the resolution of challenging situations in the construction industry. His success evolved from various roles in expert-level claims development and defense strategy, expert testimony, CPM scheduling, project controls management, productivity analysis, forensic schedule analysis, contract entitlement, risk management, dispute resolution, and training. Mr Milburn has served in numerous leadership positions throughout top-rated construction companies, government agencies, and consulting firms. He has created and directed training for world-renowned construction and consulting companies, focusing on how to develop effective processes in a limited resource environment. He has an MBA from the University of Denver (Colorado)—Daniels College of Business and earned a bachelor’s degree in Business Administration from the University of Phoenix (Arizona). He is also a graduate of the US Army Special Warfare Training Center and School – US Army Special Forces. Mr Milburn is a Certified Forensic Claims Consultant (CFCC), a Certified Planning and Scheduling Professional (PSP) and a Certified Cost Professional (CCP). He has authored multiple publications and has conducted various speaking sessions at conferences and training seminars, including “Change Management for Engineering & Consulting Services”, “Different Allocation Methods for Indirect Costs”, “Implementation of the Half Step Analysis”, “Master Scheduler Training”, “Development of Productivity Claims”, and “Understanding and Applying the Elements of Constructive Acceleration”.
Dr Anamaria Popescu is a managing director in BRG’s global construction practice. She is a construction arbitrator with the American Arbitration Association and a licensed professional engineer with more than 26 years of experience in project management, construction claims, schedule delay analysis, project controls, and contract management. Her project experience includes power generation, pipelines, petrochemical and process plants, oil and gas production platforms (onshore and offshore), mining, water treatment plants, airports, telecommunications, and commercial construction in Australia, Canada, the USA, Mexico, South America, South Africa and Asia. Her expertise and doctoral thesis both focus on forensic schedule delay analysis. Anamaria is a founding member and chair of the Society of Construction Law’s North America section.
Greg D Crider is a senior managing director in the Washington, DC office. He consults on construction projects and government contracts in the areas of planning and scheduling, as well as other project management issues. With more than 35 years of experience, he provides expert services to many of the top contractors in the US and internationally, as well as many large construction owners and government agencies. Greg has consistently been recognised in WWL: Construction.
9800 Mount Pyramid Court Suite 400 Englewood, 80112 Tel: +1 303 406 2430 cmilburn@delta-cgi.com www.delta-cgi.com
8400 E Crescent Parkway 6th Floor Greenwood Village, 80111 Tel: +1 856 448 3464 apopescu@thinkbrg.com www.thinkbrg.com
2000 K Street NW 12th Floor Washington, 20006 Tel: +1 202 973 2423 greg.crider@ankura.com www.ankura.com
Peers and clients say: “Cory is a leader in the industry on construction delays and damages issues” “He can quickly process large amounts of information and data” “He has great industry knowledge and experience”
Peers and clients say: “Anna is a gifted communicator who is able to distil difficult concepts into easy-to-understand language” “She is a true expert in delay analysis” “She is clearly highly experienced in her field and a great asset to any team”
Peers and clients say: “Greg is a well-regarded construction delay expert” “He is an insightful and disciplined practitioner” “Mr Crider is effective in schedule analysis on complex projects”
Delta Consulting Group
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District of Columbia
Berkeley Research Group
whoswholegal.com
Ankura
Expert Witnesses | Profiles
Wayne DeFlaminis
Toshi Dezaki
HKA
Wayne DeFlaminis is a mechanical engineer with over 20 years of construction industry experience. He has been appointed as expert in matters of delay, quantum and disruption on more than 30 occasions. Wayne is a recognised construction industry expert and has been cross-examined in litigation and arbitration. He has provided expert testimony on topics involving critical path method (CPM) scheduling, delay analysis, loss of productivity/ disruption, cost impacts, construction finance and construction management principles; drawing on his prior experience in both mechanical engineering and construction management. As a consultant, Wayne has advised and supported a wide variety of disputed project in matters ranging from critical delays and performance to change order cost impacts and disruption. Wayne’s project experience includes military bases and government facilities, nuclear facilities, utility infrastructure and “green energy” projects, oil production and processing plants, mass transit systems, roadways and bridges, hotels and condominiums, entertainment venues, higher education institutions, residential and commercial real estate transactions, and IT implementation projects. He has worked in the Bahamas, Canada, Chile, Qatar, and across the USA. Wayne has presented seminars, written published articles, and given speeches and presentations on topics such as construction claims avoidance, CPM scheduling, auditing and fraud prevention. He is a member of the Delaware Association of Professional Engineers and
Ankura Maryland State Board of Professional Engineers, the Association for the Advancement of Cost Engineering, the American Bar Association, Washington Building Congress and the Association of Certified Fraud Examiners. Wayne is an officer of the board of directors of the ACE Mentoring Program of Greater Washington, DC.
Toshi Dezaki is a senior managing director based in Ankura’s Washington, DC office. He has 25 years’ experience providing consulting services to national and international clients, primarily in the construction and government contracting sectors. Toshi works with public and private owners, contractors, architectural/engineering firms, subcontractors, and their counsel in a variety of advisory and dispute capacities. He has worked on projects located in the US, Canada, South America, Asia, Africa, and Europe. Toshi’s construction and government contracting engagement experience spans a variety of industry sectors including energy (including renewable – solar and wind), entertainment, healthcare, hospitality, infrastructure, oil and gas, power, marine, residential, telecommunication, transportation, and vertical construction (office, mixed-use, retail, residential). Toshi’s experience in these industries includes addressing issues related to change order disputes, delays, differing site conditions, disruption (acceleration and loss of productivity), terminations (convenience/default), and lost profits, among others. He has also performed construction audits as part of ongoing project reviews and project close-outs. Toshi is often called upon to calculate the allocation of damages between parties. Toshi has been qualified as an expert in construction damages by both US federal and state courts. In addition, Toshi has offered verbal and written testimony in US arbitrations (AAA, JAMS, private) and international arbitrations (ICC and AOA), including participation in numerous witness conferencing sessions (eg, “hot-tubbing”).
1919 M St. NW Suite 620 Washington, 20036 Tel: waynedeflaminis@hka.com www.hka.com
2000 K Street NW 12th Floor Washington, 20006 Tel: +1 202 973 3126 toshi.dezaki@ankura.com www.ankura.com
Peers and clients say: “Wayne is highly knowledgeable, consistent and diligent regarding delay and disruption matters” “He possesses excellent analytical and communication skills” “He is very thorough, knowledgeable and well prepared” “Wayne is very analytical and detail oriented”
Peers and clients say: “Toshi is a true professional who displays a strong work ethic and excellent communication skills” “He is a natural leader who sets high standards for his performance and his teams” “Mr Dezaki possesses strong analytical and quantitative skills”
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Profiles | Expert Witnesses
USA • District of Columbia
Patrick M Kelly
John McTyre
Ankura
Patrick M Kelly is a managing director at Ankura, located in Washington, DC. With more than 25 years of relevant experience, he is an expert in project controls; critical path method (CPM) scheduling; earned value analysis; forensic schedule analysis for delays; and disruption and loss of productivity analysis. Patrick is a professional civil engineer and a certified planning and scheduling professional who has qualified and testified as an expert on CPM scheduling and forensic delay analysis in the US and internationally. He has extensive experience in transportation and infrastructure, shipbuilding and ship repair, hotels and condominiums, and government and public facilities. Patrick provides consultant services in project controls, scheduling, earned value management (EVM) and construction management for contractors; developers; and federal, state and city organisations. He has a strong knowledge of both construction methods and software techniques, and he is skilled in the development and analysis of critical path method networks for transportation, facilities and critical structures assignments. Patrick provides forensic schedule analysis and litigation support to owners, contractors and attorneys on construction methods, cost analysis and delay/disruption issues, and is a testifying expert on CPM scheduling and forensic schedule analysis. He has a thorough understanding of delay and impact analysis methods, and the application of construction legal doctrines. Patrick is thoroughly experienced in performing lost labour productivity analyses and in trend analysis of productivity, efficiency and earned value metrics. He performs “measured mile” and earned value analyses to determine lost efficiency and cumulative impact of multiple change orders and schedule impact analyses to determine the effects of lost productivity on schedule.
HKA Patrick has experience in contract management, construction management, scheduling, claims and dispute resolution services on a broad array of transportation and infrastructure projects in the US, Canada and internationally. This includes work on major ports, roads and highways (including construction of major interchanges, roadway, and utility construction and repairs, sound wall erection, etc); bridge and tunnel construction and repair; and airport construction and renovation. He is also experienced in scheduling, claims and dispute resolution services for both commercial and military ships. Projects include new ship construction, as well as ship repair and refit, to include both structural and mechanical systems repair, from the dry-docking of craft to the post-availability sea trials. Patrick is also experienced in contract management, construction management, scheduling, claims and dispute resolution services on hotel and condominium projects within the US and internationally, as well as projects involving federal and state facilities, including schools, universities, dormitories and military facilities.
2000 K Street NW 12th Floor Washington, 20006 Tel: +1 202 481 7360 patrick.kelly@ankura.com www.ankura.com
Peers and clients say: “Patrick is a top name in forensic schedule analysis” “He is a clear communicator with a deep understanding of the industry”
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John is a widely experienced civil engineer with more than 35 years of construction industry experience. He provides claims analysis and expert witness services, and has provided expert testimony in various venues (more than 15 times) in English and Spanish. He has made more than 20 mediation presentations. John’s extensive construction background spans 10 years of full-time, onsite management assignments on a wide range of projects including healthcare; office buildings; roads; parking structures; renovations; and residential and interior construction. His construction expertise also includes scheduling, critical path method and cost engineering. John provides dispute resolution services ranging from analysis and preparation of delay claims and related cost impacts to inefficiency studies and construction change entitlement issues. He has led teams in analysing complex international and domestic disputes on infrastructure, oil and gas, industrial, mining, power facilities, sports complexes and buildings projects in various countries. John is recognised as an expert in judicial proceedings and has testified in both federal and state courts, as well as ICC hearings and arbitral proceedings in the USA and several other countries. He has delivered numerous depositions and has been cross-examined in matters of delay analysis and damages, schedule analysis and loss of productivity. John is also widely experienced in mediation and served the Department of Labor in the analysis of major claims for 20 years. John served as an instructor at Catholic University of America’s Graduate School of Civil Engineering from 2002 to 2015. He is familiar with the varied software packages commonly used in scheduling and project analysis.
1225 I Street NW Suite 1150 Washington, 20005 Tel: +1 202 729 2247 johnmctyre@hka.com www.hka.com
Peers and clients say: “He is very knowledgeable and draws from an abundance of experience in renewable energy projects in Latin America” “John’s analyses are excellent” “He is conscientious and deliberate in proceedings”
Expert Witnesses | Profiles
Florida
Scott D Gray
Charles R Heckman
Ben Nolan
Scott D Gray is a senior managing director at Ankura based in Miami. Scott has over 38 years of consulting experience, including the analysis of costs and quantum related to over 350 construction projects. Prior to that, Scott was a staff consultant with the Grace Commission, studying the policies and procedures of the US federal government. Scott is the co-leader of Ankura’s Latin American operations group within the global construction practice. Scott works with project owners, concessionaires, contractors, subcontractors, A/E firms and sureties on projects ranging from turnkey (EPC) contracts to build-to-print projects. His sector expertise includes power plants, oil and gas facilities, transportation infrastructure, mining, and US government construction and aerospace contracts. Scott has been recommended annually by WWL: Arbitration (since 2010) and WWL: Construction (since 2014). He has provided expert testimony in arbitration and litigation on over 40 occasions.
Charles R Heckman, PE, CFCC, president of Delta Consulting Group, has more than 30 years of experience in the construction industry. He is a licensed engineer and qualified as an expert in schedule analysis, claims analysis, delay analysis, risk analysis, and construction management. He provides consulting services and analysis in the following areas: CPM scheduling, contract administration, critical path delay, cost estimating, loss of efficiency, design errors and omissions, liability and issue analyses, damages calculations, and risk assessment analyses. Mr Heckman’s past experience includes performing project management, construction management, contract administration, engineering, planning, and scheduling. He has managed contracts valued in excess of $100 million, including industrial, commercial and environmental projects. Mr Heckman has also provided design reviews, risk analysis, and claims analysis services. Mr Heckman’s deep and diverse experience has allowed him to become well-versed in the construction process, providing a foundation for his expertise in evaluating and formulating claims on behalf of owners and contractors. He also has provided expert testimony numerous times in arbitration, deposition, court, and board proceedings. Mr Heckman previously served as a Naval Civil Engineer Corps officer where he became thoroughly knowledgeable in the use of the Federal Acquisition Regulations (FAR). He received a Bachelor of Civil Engineering, with a minor in naval science, from Villanova University. Additionally, Mr Heckman is a member of Chi Epsilon, the National Civil Engineering Honor Society; a professional engineer (PE) in Florida; and a certified forensic claims consultant (CFCC).
Ben Nolan is an internationally recognised forensic engineering and construction expert. With expertise in engineering, construction and audit, he advises on construction contracting, forensic schedule delay, project financial damage, design engineering errors and omissions, and defective construction. He has served the construction industry for over 41 years as a company commander and project manager for the US Army Corps of Engineers; project manager for a major general contractor; marine contractor; mechanical/utility contractor; and president of a general contracting company. Mr Nolan has led over 700 expert consulting engagements, both domestic and international, and testified in over 60 matters. Mr Nolan’s consulting and expert witness expertise covers enterprise and project risk management; market analysis; feasibility and due diligence; preparedness assessments; performance reviews; owner’s representative; change order and schedule reviews; construction engineering audits; construction investigations; claims preparation analysis; turnarounds and troubleshooting; accident, fraud and hurricane damage investigations; and construction disputes in international and domestic arbitrations. Mr Nolan’s representative projects have included LNG gas plants; power plants; refineries; steel and aluminium plants; airports; rail; cement plants; an Olympic stadium; convention centres; retail; healthcare; casinos; hotels; mixed-use developments; single and multi-family residences; universities; auto manufacturing plants; superfund sites; mines; wastewater and water treatment plants; pipelines; technology and internet infrastructure; tunnels; bridges; high-rises; marine ports; piers and dredging; prisons; military and classified projects; public works and municipal complexes; corporate headquarters; beef processing plants; equipment analysis; and yachts.
Ankura
Delta Consulting Group
2 Alhambra Plaza Suite 610 Coral Gables Miami, 33134 Tel: +1 305 341 7841 scott.gray@ankura.com www.ankura.com
Peers and clients say: “Scott is a great expert for the financial aspects of cases” “Mr Gray is brilliant when giving testimony, both in English and Spanish” “He is an excellent costs independent expert”
37 N. Orange Ave. Suite 500 Orlando, 32801 Tel: +1 407 992 9210 checkman@delta-cgi.com www.delta-cgi.com
Peers and clients say: “Charles is an extremely strong expert” “He is an outstanding testifier” “Mr Heckman is both responsive and diligent in his approach”
whoswholegal.com
Berkeley Research Group
220 West Garden Street Suite 505 Pensacola, 32502 Tel: 703-608-7068 bnolan@thinkbrg.com www.thinkbrg.com
Peers and clients say: “Ben brings a credibility and presence to providing testimony that is unmatched by other experts” “He has great skill in preparing and relying on effective, simple-to-understand presentations” “He is an exceptional expert” 121
Profiles | Expert Witnesses
USA • Georgia
Robert W Davenport
Nelson Gallardo
Ankura
Robert Davenport is a senior managing director at Ankura, based in Atlanta with more than 35 years of experience in the design and construction industries, he has extensive experience in leading the analysis and resolution of complex multi-million-dollar technical disputes involving design and construction issues relevant to owners, designers, constructors, their insurers, and counsel. Robert has a breadth of experience in leading the analysis, expert reporting and associated testimony in depositions, arbitrations and jury trial, including assistance in mediation/ADR environments. His broad project experience includes hotels/resorts, casinos, courthouses, prisons, embassies, airports, arenas, convention and performing arts centres, schools, condominiums, retail facilities, aquariums, healthcare facilities, and industrial processing facilities in North America and overseas. Robert is a member of the American Institute of Architects (AIA), and is nationally certified through the National Council of Architectural Registration Boards (NCARB). He maintains active licences in 10 US states. Robert provides expert analysis, reporting and testimony regarding design and construction processes including schedules; progress; productivity; delay; procurement; errors and omissions; defective design/construction; standard of care; and economic damages. He assists corporate and institutional owners in a risk-mitigative advisory role through review/evaluation of contract documents for their suitability for intended purpose and constructability before construction commences. Robert has assisted multiple real estate investment trusts (REITs)/institutional owners in assessment, documentation, causation, liability, damages and testimony with respect to design/ construction defect litigation, with values ranging from $15 million to $40 million, on multi-family and corporate facility assets nationally. He has also led the analysis of industry standards, causation, economic damages and expert reporting in multiple building product defect cases with values ranging from $300 million to over $1 billion at multi-state and global levels.
FTI Consulting Robert has prepared various requests for equitable adjustment (REAs) on behalf of global top 10 ENR general building and defence contractors with respect to worldwide telecoms/data infrastructure works and a metropolitan assembly/arts centre. He has also assisted general contractors in analysis, expert reporting and dispute resolution on multiple design defect matters on US government overseas embassies. In addition, Robert has managed retail, institutional and hotel facility projects for major national developers, hospitality chains and owners directly responsible for contract negotiation, design, and production supervision, specification, quality control, and construction administration. Robert recently led an in-house/out-of-house comprehensive expert team delivering deposition, arbitration and trial testimony on behalf of multiple insurance carriers in defence of a $45 million litigation alleging design and construction defects following the sales transaction of a luxury estate home. He also led a schedule and impact analysis on behalf of a US federal agency in defence of contractor certified claims asserted with respect to a mid-western US federal courthouse. In another case he assisted a major national hotel and residence chain in analysis and expert reporting with respect to its $100 million design and construction defect litigation on its high-rise luxury branded residential living and care centre in the USA’s south-east region. He has also led schedule/impact analysis, expert reporting and jury trial testimony in defence of the architect and structural engineer in a Midwest US aquarium matter adverse to municipal ownership’s affirmative lawsuit.
1180 West Peachtree Street NW Suite 550 Atlanta, 30309 Tel: +1 404 589 4204 robert.davenport@ankura.com www.ankura.com
Peers and clients say: “He does an excellent job of pulling together the design issues on extremely large projects” “He produces usable work product that clearly explains the issues to a client” “Bob is very versatile in terms of the construction matters he can take on”. 122
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Nelson L. Gallardo is the leader of FTI Consulting’s Construction Solutions practice for Latin America. He is a Senior Managing Director in the Forensic & Litigation Consulting segment and is based in Atlanta and Bogota. Mr. Gallardo is a construction delay and quantum expert with more than 20 years of professional experience in project construction, contract management and dispute resolution. Mr. Gallardo has significant experience advising on construction matters across the United States and Latin America, including Mexico, Honduras, Panama, The Dominican Republic, Colombia, Peru, Chile, Brazil and Uruguay. He leads a dispute resolution team of international construction professionals that specialises in providing construction forensic and litigation services to project owners, EPC contractors and specialty contractors in large industrial projects in the Americas. As a frequently appointed independent expert witness, Mr. Gallardo has provided written and live expert testimony during arbitration, mediation and litigation proceedings involving construction management performance matters, contractor terminations, delay, disruption, acceleration, mitigation and other construction project issues. Mr. Gallardo has extensive experience of construction dispute resolution, change order management, cost control, claims management and contract administration of building construction, power, oil and gas, pulp and paper, biofuel, solar, airport, rail, highway and mining projects. As an international construction claims expert, Mr. Gallardo has provided expert testimony on schedule delay, loss of productivity, disruption, contractor terminations and economic damages in international arbitration, including concurrent expert evidence (hot-tubbing). His experience includes disputes valued from US$3 million to more than $300 million.
Expert Witnesses | Profiles
Don Harvey Secretariat Mr. Gallardo’s practice is focused on very large and complex industrial projects, typically ranging from $100 million to $4 billion in construction costs. He has given expert testimony, both in English and Spanish during international and local arbitration proceedings. Mr. Gallardo holds a Bachelor’s degree in Architecture from Universidad de lo Andes in Bogotá and a Master’s degree in Construction Management from Southern Polytechnic State University in Atlanta.
Mr Harvey is the founder and managing director of Secretariat . Secretariat specialises in providing independent expert advice on construction projects in the areas of programming/scheduling (delay and disruption) contract review, programme assessment, cost/damages and productivity/inefficiency. Mr Harvey has over 20 years of experience in the construction industry managing projects and advising clients on issues involving project and contract administration, claim preparation, delay, cost, disruption and productivity analyses. Through his years of experience as a construction project manager and as an expert consultant, Mr Harvey has developed a detailed knowledge of construction, project management, scheduling and cost controls. He has been engaged by multinational owners, developers and contractors on many of the highest-profile construction disputes in the world such as the Panama Canal, Wembley Stadium and the Burj Khalifa. Mr Harvey has also been involved with several high-profile disputes related to government contracting and information technology (IT) development/implementation programmes. Mr Harvey is known for an independent common-sense approach to assessing complex projects based on a detailed knowledge of construction and a practical application of facts. He has testified numerous times as an independent expert witness in the Americas, Europe, Asia, the Middle East and Africa under the following forums: ICC, Uncitral, Stockholm Institute, AAA, DIAC, LCIA, SIAC, Moscow Court of Arbitration, DRB and DAB. He has also given evidence in the Technology and Construction Court in London, and state and federal
1201 W Peachtree Street, NE Suite 500 Georgia Atlanta, 30309 Tel: +1 404 460 6200 nelson.gallardo@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Mr Gallardo is an excellent construction expert” “His track record in complex construction projects is particularly impressive”
courts in the United States. Mr Harvey has experience in the following sectors: oil and gas, mining, power, nuclear, pipelines, rail, highways/bridges/ tunnels/airports, hospitals, stadiums, high-rise commercial/residential, education, processing facilities, ship building and manufacturing facilities. Mr Harvey has a degree in civil engineering from the University of Virginia and an MBA from George Washington University.
1175 Peachtree Road NE 100 Colony Square - Suite 400 Atlanta, 30361 Tel: +1 404 997 7524 dharvey@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Mr Harvey is an absolute delight to work with” “He is a very strong and extremely hardworking expert backed by a very cohesive team” “Don asks all the right questions as an expert”
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Profiles | Expert Witnesses
USA • Georgia
Illinois
Larry Smith
Scott D Hollingsworth
HKA
Larry is a registered professional engineer with 40 years of experience in the construction and engineering industries. He has been appointed as a technical or quantum expert on 38 occasions and cross-examined on 17 occasions. Larry has provided litigation support and expert testimony in matters relating to technical aspects of complex megaprojects, including HVAC (heating, ventilation, air conditioning), process piping, plumbing and electrical and automation issues on values in excess of US$50 million. He is also a skilful quantum analyst, assisting clients in claims for damages up to the value of US$400 million. Larry is widely experienced in claims consulting, construction management, programming and scheduling, and project controls, management and monitoring. He specialises in decoding complex technical and quantum matters for clients, helping them resolve disputes and reclaim costs. Larry has earned professional engineering licences in five states and HVAC and plumbing licences in seven states and multiple municipalities. He is a previous owner of a mechanical contracting firm, providing design and build services for commercial, municipal, institutional and industrial clients. He is a skilled facilitator, having conducted many successful value management studies and partnering sessions. He has assembled and managed task teams consisting of personnel from general contractors, speciality contractors, building operations and management. Larry is a highly qualified professional, holding a BS mechanical engineering and is a certified mechanical, plumbing and boiler contractor. He is a member of the American Society of Heating, Refrigerating and Air-conditioning Engineers (ASHRAE) and is a qualified AP Leader in Energy and Environmental Design awarded by the US
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HKA Green Building Council (LEED AP USGBC). He has contributed to Planning and Designing Research Animal Facilities (first edition) “Chapter 8 – Cost”, and his expertise is often called upon for speaking engagements concerning cost management, building commissioning, and indoor air quality.
Scott Hollingsworth is a delay and quantum expert with more than 22 years of experience in the litigation consulting industry. He specialises in the investigation and resolution of business disputes related to the construction industry. Scott has testified as an expert in arbitration and court proceedings and has presented schedule delay and damage analysis during settlement negotiations. Scott has experience working in Africa, Asia, the Middle East, and North and Central America. He has worked with clients from sectors including buildings, defence, industrial, infrastructure, industrial, power and utilities, and technology. He also has further experience in education, hospital, hotel, condominium and waste remediation projects. Scott has consulted on behalf of construction contractors, project owners, insurance companies and government contractors. Scott has led teams analysing critical path method (CPM) schedules to determine causes and durations of project delays. He has also led financial analyses to quantify project cost growth including those related to delay, disruption, acceleration and productivity. Scott holds a bachelor’s in engineering and is a member of the International Bar Association (IBA), American Bar Association (ABA), AACE International, North American Society of Construction Law, Chicago Building Congress (CBC), and is a member and fellow of the Project Management College of Scheduling (PMCOS).
1100 Peachtree Street NE Suite 200 Atlanta, 30309 Tel: +1 404 781 0791 larrysmith@hka.com
300 South Wacker Drive Suite 2600 Chicago, 60606 Tel: +1 (312) 521-7446 scotthollingsworth@hka.com www.hka.com
Peers and clients say: “Mr Smith brings great attention to detail, thoughtfulness and honesty to matters” “Larry is a gifted engineer who truly takes pride in his work” “He is a tremendous trial witness”
Peers and clients say: “Scott is a go-to schedule delay expert” “He is excellent with clients and provides top-flight analysis” “He is incredibly knowledgeable with respect to delay and disruption claims”
whoswholegal.com
Expert Witnesses | Profiles
Maryland
Richard Sieracki HKA
Rich Sieracki is a delay and quantum expert with over 45 years in the construction and engineering industries. He was part of The Kenrich Group’s team of construction experts prior to the company joining HKA in July 2019. Rich has acted an expert on numerous occasions in international and domestic arbitrations, federal and state courts, mediations and alternative dispute resolution (ADR) proceedings. Rich has worked on projects throughout Asia, Europe, the Middle East, and North and South America. He has worked for clients from a variety of sectors, including aerospace, buildings, defence, industrial, infrastructure, oil and gas, power and utilities, and technology. His expertise has particular focus in the construction, electrical utilities and government contract sectors. Rich has extensive experience in both damages and delay analysis. He is proficient in critical path analysis (CPA), analysis of project cost growth, productivity studies and other analyses related to issues arising from scheduling acceleration and disruption. He is also a skilled claims consultant with experience in construction management, delay and planning, programming and scheduling, and project monitoring. He has consulted for Fortune 500 companies and has over 11 years’ industry experience in design and construction. Rich holds a bachelor’s in civil engineering and is a member of the American Bar Association (ABA), AACE International, Project Management Institute (PMI) and a board member and fellow of the Project Management College of Scheduling (PMCOS).
300 South Wacker Drive Suite 2600 Chicago, 60606 Tel: +1 312 521 7437 richardsieracki@hka.com www.hka.com
Peers and clients say: “Richard’s industry experience is unmatched” “He is always timely in his work on complex matters” “Mr Sieracki is a highly responsive expert”
Colin Daigle
Imperium Consulting Group
Mr Daigle is the chief executive of Imperium Consulting Group, LLC, a firm engaged in economic loss measurement, dispute resolution, and financial advisory services. His 28 years of experience spans construction, government contracts, commercial damages, project audits, and insurance claims, including both as a designated expert and in an advisory capacity. His engagements have spanned a wide range of industry sectors, including construction, real estate, power, infrastructure, chemical, healthcare, transportation, public entities, commercial, hospitality, and gaming, among others. Mr Daigle has been designated as an expert in state and federal courts, as well as at arbitration proceedings, across subject matters ranging from construction accounting, financial damages, claims pricing and project auditing. His dispute resolution experience includes commercial contract, federal contract and insurance claims involving complex construction entitlement, pricing and quantification challenges. Mr Daigle has been the lead auditor for construction projects totalling more than $30 billion. He is a licensed certified public accountant (CPA), certified in financial forensics (CFF), certified information technology professional (CITP), and a certified construction auditor (CCA). Mr Daigle has a BS in business administration from La Salle University and an MBA from Duke University.
10320 Little Patuxent Parkway Suite 560 Columbia, 21044 colin.daigle@imperiumcg.com www.imperiumcg.com
Peers and clients say: “He is a well-known figure in the market” “He has a deep understanding of the complex technical aspects at hand”
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Patrick McGeehin FTI Consulting
Patrick McGeehin is the one of the senior leaders in the Construction Solutions practice. He is based in Bethesda, MD, New York City, NY, and Palm Beach, FL. Mr McGeehin consults on litigation support matters and provides contract claims assistance relating to the calculation of and approach to damages. These damages include breach of contract, lost profits or revenues, requests for equitable adjustments in delay and disruption cases, employment related damages, and fraud-related issues. His primary emphasis is in the construction and government contracts industries, although he has experience consulting and testifying in other business sectors. Mr McGeehin has provided expert testimony, both in deposition and live hearing situations. His appearances have related to accounting and damages issues in board and court forums throughout the United States and internationally. He has appeared as an expert witness in the United States before the Maryland State Board of Contract Appeals, the ASBCA, the NASA BCA, Circuit Court, United States District Courts, various State Courts, and the US Court of Federal Claims. He has also provided expert testimony in appearances before International Arbitration Panels in Geneva, Switzerland; London, UK; Paris, France; Dublin, Ireland; New York City, USA; and Washington DC. He is annually listed as a Thought Leader – Global Elite by Who’s Who – Legal, and was named its Construction Expert of the Year in 2017, the inaugural year of this award. He is the accounting editor of Construction Accounting – A Guide for Attorneys and Other Professionals and co-authored a chapter in this book, published by the American Bar Association’s Forum on the Construction Industry. He authored a chapter in The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys published by Business Valuation Resources. His articles have also been published in the American Bar Association’s Public Contract Law Journal and other publications.
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Profiles | Expert Witnesses
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USA • Maryland
Nevada
Patrick McGeehin (cont.)
Christopher H Beirise
Chris Spandau
Prior to joining FTI Consulting in February 2008, Mr McGeehin was a co-founder and a shareholder of Rubino & McGeehin (R&M) for over 25 years. Prior to establishing R&M, he was employed by Coopers & Lybrand (now PriceWaterhouseCoopers) in the firm’s Washington, DC and Philadelphia offices and he served on the audit staff of the company’s Philadelphia office, where he participated in audits of privately and publicly held companies in the insurance, manufacturing, transportation, entertainment, and not-for-profit industries. Mr McGeehin has authored articles and book chapters in a variety of professional publications. He has conducted seminars to select client groups on various accounting topics, and is also a guest speaker on cost accounting issues at conferences held throughout the country. He is a Certified Public Accountant; he graduated summa cum laude from the University of Scranton and received a MBA from George Washington University.
Christopher H Beirise is a delay and quantum expert with over 31 years of experience in the construction industry. Prior to the company joining HKA in July 2019, he was the chief operating officer of The Kenrich Group and worked at several other consulting companies. He began his career as a cost and schedule engineer for a construction company. Chris has testified in courts, arbitrations and international arbitrations, delivered sworn depositions, and presented in numerous mediations, settlement negotiations and alternative dispute resolution proceedings. He has been engaged as an expert on schedule and/or quantum matters with a wide range of monetary values. He has experience working on projects in Asia, Europe, the Middle East, and North and South America. He has worked on numerous types of projects in the construction industry, including airports, bridges, highways, tunnels, various types of buildings, power plants, railroads, stadiums, refineries and water treatment plants. Chris is highly proficient in all methods of delay analysis, as well as analysis of project cost growth issues, including productivity, acceleration and disruption. He has consulted for Fortune 500 companies, subcontractors, design professionals and owners as well as government and state entities. Chris has taught classes for clients and in public forums on scheduling, project documentation and cost tracking. Chris holds a bachelor’s in civil engineering and is a member of the International Bar Association (IBA), American Bar Association (ABA), the Association for the Advancement of Cost Engineering (AACE International) and the Project Management Institute (PMI).
Chris Spandau is a professional engineer with more than 40 years of construction and engineering industry experience. He has been appointed as a technical expert on 40 occasions. Chris has been cross-examined in both litigation and arbitration and provided sworn testimony at deposition on numerous occasions. He has acted as expert for projects with values of up to $5 billion and dispute values in excess of £600 million for projects ranging from highways, tunnelling, underground construction, grading and airports to PCC and AC paving, and utility installation. Chris spent more than 30 years in private practice as a civil engineer working with both public and private clients in the planning, design and construction of various facilities across the USA. His knowledge of the delivery of engineering professional services enables him to clearly evaluate both the context and substance of related project disputes. Chris’s expertise includes strategic planning, project management, resident engineering, project review, scheduling and coordination. He has also been active in the evaluation of various construction disputes as they relate to differing site conditions, defective plans and specifications, and standard of care by design professionals. Chris is a member of the American Council of Engineering Companies and the Construction Management Association of America. He holds a degree and master’s in civil engineering and is also a registered geotechnical engineer.
6903 Rockledge Drive Suite 1000 Bethseda, 20850 Tel: +1 561 302 4678 pat.mcgeehin@fticonsulting.com
10801 W. Charleston Blvd Suite 650 Las Vegas, 89135 Tel: +1 702 304 4713 chrisbeirise@hka.com www.hka.com
10801 W. Charleston Blvd Suite 650 Las Vegas, 89135 Tel: +1 702 515 7490 chrisspandau@hka.com www.hka.com
Peers and clients say: “Patrick is among the very best construction experts in the market” “He is an impressive costs and damages expert”
Peers and clients say: “Christopher is a much-respected and highly skilled expert” “He is a well-established name in the market” “He is able to take complex concepts and distil them into an easy-to-understand story”
Peers and clients say: “He is an expert of the highest calibre” “Chris completes his assignments in a timely fashion, and is very responsive and thorough” “I have been impressed with his high level of academic and practical experience”
HKA
whoswholegal.com
HKA
Expert Witnesses | Profiles
New Jersey
New York
Tom Gaines
William Berkowitz
Mr Gaines is a managing director with Secretariat, specialising in providing independent expert evidence regarding the quantum of construction disputes. He has expertise in the areas of claim pricing and evaluation, cost estimating and analysis, delay and disruption, project controls, as well as other project management and dispute resolution concerns. For nearly 20 years, he has consulted on complex construction projects throughout the world. Mr Gaines’ experience includes preparation and defense of various types of quantum assessments, risk and contingency investigations, change order evaluations and negotiations, as well as delay and schedule analyses. He has provided expert evidence to adjudicators on dozens of occasions in a variety of dispute resolution settings including mediation, arbitration, and litigation. In addition, Mr Gaines has worked with leading independent experts in construction disputes as well as contract negotiations. He has provided expert services across a wide range of projects, including airport, healthcare, heavy civil, transportation, power, chemical processing, information technology, commercial, residential, mixed-use, public education, higher education, and resort & casino projects.
William Berkowitz is a Senior Managing Director in the Construction Solutions group and is based in the New York City area. Mr Berkowitz was a principal and founding member at Alliance Construction Consultants. Since 1988, Mr Berkowitz has been a professional consultant specialising in construction dispute resolution. He has prepared and presented claims on behalf of general contractors, construction managers and specialty contractors and evaluated and refuted claims on behalf of owners and engineers and contractors. Mr Berkowitz has had in-depth involvement in all aspects of claims resolution including: pre-contract review of plans and specifications, schedule and delay analysis, productivity analysis, damages calculations and preparation of comprehensive reports. These services have been provided in conjunction with settlement discussions, structured mediation, dispute review board hearings, arbitration and litigation. He has qualified as an expert witness, prepared expert reports and testified at arbitration and litigation. Recent assignments have included projects associated with power generation (including traditional utility plants, hydroelectric projects, independent power projects and waste-to-energy projects), water and wastewater treatment plants, large petrochemical facilities pipelines and commercial facilities.
Secretariat
FTI Consulting
60 Cutter Mill Road Floor 1 Great Neck New York, 11021 Tel: +1 646 576 8197 bill.berkowitz@fticonsulting.com www.fticonsulting.com
10000 Lincoln Drive East Suite 201 Marlton, 08053 Tel: +1 856 396 8217 tgaines@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Tom is at the top of the craft in terms of skillset and intelligence” “He is excellent at reviewing and assimilating data to develop his analysis and opinions” “Mr Gaines ensures quick turnaround and a high-quality work product”
Prior to founding Alliance Construction Consultants, Mr Berkowitz gained 16 years of experience managing public and private sector construction projects, preparing and defending claims, and developing construction schedules. He was a project manager for a general contractor for five years, and was responsible for the management, scheduling and coordination of several large public works projects. Prior to entering the field of general construction, Mr Berkowitz worked in the power generation field as a civil engineer on several power plant facilities.
Peers and clients say: “He is incredibly thorough and detailed in his approach to, and review of, project records” “He is a strong communicator and an excellent expert witness with credibility” “He is an expert who ensures sound analysis”
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Profiles | Expert Witnesses
USA • New York
Simon Braithwaite
Mark W Cohen
Simon is a Chartered Quantity Surveyor, and quantum and delay expert, with over 25 years of professional experience working internationally in the construction and engineering industry. Simon has extensive experience in the preparation of claims and expert evidence related to delay, disruption, productivity, and associated damages, he has also provided advice on these issues for live projects. He has provided these services on projects including water treatment, power generation, residential and commercial construction, government projects, stadiums, rail projects, bridges, and process facilities amongst other construction/engineering projects. In addition, Simon has prepared commercial risk analysis for clients on various forms of contract. Simon has prepared expert submissions for both domestic and international dispute forums. He has also presented at mediations on behalf of clients and assisted clients in numerous settlement negotiations. He has also prepared and reviewed change orders and performed delay analysis, cost estimates and productivity analysis. Additionally, Simon has provided advice to consultants and financiers on troubled construction and engineering projects, including bankruptcy matters, along with surety and insurance claims. A frequent and sought after speaker, Simon has presented at seminars and workshops on delay analysis, cost control, productivity analysis, claims prevention, commercial risk, and expert witness services among other relevant subjects to lawyers, companies, and educational institutions. In addition, Simon often presents to The Royal Institution of Chartered Surveyors, Society of Construction Law, Chartered Institute of Building, Global Arbitration Review, AACE International and Instituto Brasileiro de Direito da Construção (IBDiC) on relevant issues.
Mark has over 30 years of dispute resolution, project advisory, claims analysis and risk management experience, spanning a wide range of domestic and international projects, including oil & gas, power, petrochemical, process and infrastructure facilities. He has extensive experience in the analysis of construction disputes, construction claims preparation and the provision of litigation support and expert witness testimony services. He has managed the performance of construction and engineering analysis including schedule delay, disruption, acceleration, change orders, productivity, causation and responsibility, cumulative impact, differing site conditions, workmanship, damage quantification, business interruption, project controls and termination. Prior to joining J.S. Held, Mark held various leadership positions at some of the world’s largest professional service’s firms. In these roles, he was responsible for providing advisory services relating to construction/project management, claims prevention, project risk management, project design and development, management evaluations, construction audits, policies and procedures development, scope change management and feasibility studies. Specifically, he consulted on schedule development, construction management, contract administration, cost estimating, project controls, procurement, evaluation of E&O, startup and commissioning, project close-out, claims management training and value engineering. Mark has presented expert witness testimony in an array of domestic and international venues including AAA, ICC and UNCITRAL arbitrations, as well as US courts. He has testified in over 30 matters involving large and complex construction projects with claim values typically in excess of US$100m and ranging well in excess of US$1bn.
Diales Expert Witness Services
J.S. Held
New York Tel: +1 212 817 1734 simon.braithwaite@diales.com www.diales.com
Peers and clients say: “Simon is the consummate professional. He is highly adept at thinking on his feet and he is able to communicate his opinions persuasively” “He possesses an exceptional ability to simplify and explain complex contentious issues in disputes.” “Simon’s work ethic is exceptional” 128
His areas of testimony have included schedule delay, productivity, cost and damages, scope change and project management performance. Mark has also presented at numerous mediations and alternative dispute resolution venues.
48 Wall Street, Floor 17 New York, 10043 Tel: +1 212 436 7206 mcohen@jsheld.com www.jsheld.com
Peers and clients say: “Mark possesses a unique skill-set that combines his prior practical experience as a multi-state professional engineer with his years in the claims arena to an outstanding expert witness” “He provides comprehensive insights into critical issues, credible on-stand testimony and presentations at both bench and jury trials as well as alternative dispute forums” “He possesses strong advocacy, speaking and writing skills for his clients”
whoswholegal.com
Expert Witnesses | Profiles
Pennsylvania
Meera Wagman
Timothy R Chitester
Michael F D’Onofrio
Ms Wagman is managing director of Secretariat based New York and leads the Northeast practice. Secretariat specialises in providing independent expert advice on construction projects in the areas of programming/scheduling (delay and disruption), contract review, cost/damages and productivity/ inefficiency. Ms Wagman has over 20 years of experience in the construction industry focused in the areas of dispute resolution, delay and disruption analyses, scheduling, claims, cost analyses, project controls, as well as construction and project management. She has provided services to owners and contractors across a wide range of projects including heavy civil, oil and gas, airports, infrastructure and transportation, vertical construction, petrochemical plants, power/nuclear plants, and medical facilities. Ms Wagman has consulted as an expert on many complex construction projects throughout the world including high profile disputes such as the Panama Canal Expansion and the Burj Khalifa. Ms Wagman has been appointed as an independent expert on matters of delay and disruption on complex construction disputes in arbitration, litigation, adjudication and mediation. Prior to consulting, Ms Wagman worked as a project engineer for construction management firm Gilbane Building Company working on large commercial projects in the US. Ms Wagman received a BS in civil engineering from Cornell University. Ms Wagman is also a fellow of the Project Management College of Scheduling.
Tim is a partner at HKA and a recognised expert in construction claims and consulting. With over 40 years of experience in the engineering, design and construction industry, he is an authority in the resolution of construction disputes, construction claims, property loss and business interruption claims, and project management. Tim has been directly involved in the design, scheduling, construction, and retrofit of more than 50 industrial, process, fossil fuel, hydroelectric, biofuel, and nuclear plants. He has been responsible for the technical development, engineering and design, hiring and management of subcontractors, and operation of projects in 12 countries. Tim has also provided consulting and expert witness services throughout the world including in North America, South America, Asia, and Europe. He testifies in US federal and state courts, AAA arbitration, ICC arbitration, ICDR arbitration, Canadian ADR arbitration and other international arbitration relating to matters of construction management, contractor and engineer standards of care, trade use of contracts, cost, schedule and productivity with resultant delay and disruption. Tim has also participated in various forms of dispute resolution and has testified on disputes ranging from a few million dollars to over a billion dollars. He is a licensed professional engineer in the states of Florida and Pennsylvania, and holds a bachelor of science degree in mechanical engineering from the University of Pittsburgh. Tim is a member of the ABA Forum on Construction Law, the ABA TIPS Property Insurance Law Committee, the Loss Executives Association and the American Society of Mechanical Engineers.
Michael F. D’Onofrio, PE, is a founding shareholder and the President of Capital Project Management, Inc.(CPMI), an independent engineering consulting firm that specialises in the analysis, resolution, and prevention of complex construction disputes. He is widely recognised as an expert in the area of construction delay and disruption, and has provided expert witness testimony before various courts, Boards of Contract Appeal, ICC Arbitration, and Alternative Dispute Resolution panels. Mike’s 40 years of experience includes engineering, project management, and project controls. He specialises in the use of critical path method (CPM) scheduling, productivity/inefficiency, and learning-curve theories, and the line-of-balance technique. He has evaluated construction disputes that run the gamut—from delay, disruption and termination to differing site conditions and suspension—on a vast array of complex projects in the United States and internationally. Mike frequently offers his expertise on high-profile projects, including the Daewoo Engineering and Construction v. United States 53-mile roadway project in the Republic of Palau. Other clients include law firms, private owners, design professionals, and contractors. Mike holds a Bachelor of Science in Civil Engineering and a Master of Science in Engineering Management from Drexel University. He is a member of AACE International, the American Society of Civil Engineers, the Construction Management Association of America, and the Project Management College of Scheduling. He has authored numerous technical papers and chapters throughout his career. He also lectures at seminars and professional conferences.
381 Park Avenue South Suite 801 New York, 10016 Tel: +1 212 354 3482 mwagman@secretariat-intl.com www.secretariat-intl.com
One Commerce Square 2005 Market Street, Suite 820 Philadelphia, 19103 Tel: +1 215 309 7985 timchitester@hka.com www.hka.com
Peers and clients say: “Meera is among the elite in schedule delay analysis” “Ms Wagman tackles intricate material with aplomb” “She is meticulous and diligent in sourcing for primary information”
Peers and clients say: “Timothy brings a wealth of experience to clients’ construction matters” “He is a technically skilled construction expert” “Mr Chitester quickly understands key issues and is very intelligible”
Secretariat
HKA
whoswholegal.com
Capital Project Management, Inc.
Blue Bell Tel: +267 464 1530 mdonofrio@cpmiteam.com www.cpmiteam.com
Peers and clients say: “Michael has deep subject matter knowledge” “He brings credibility backed by strong analysis to cases” “He has the ability to ask critical questions to cut to the heart of matters”
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Profiles | Expert Witnesses
USA • Pennsylvania
Richard Fultineer
Frank J Giunta
Rick Fultineer leads BRG’s global construction practice and provides assistance to owners, contractors, designers, sureties and their counsel with complex construction projects involved in litigation or distress. He has over 30 years of industry experience in providing testimony and consulting services in the areas of claims and damages analysis, construction management, mechanical engineering design and information management. Mr Fultineer has participated in the evaluation of a wide range of commercial, institutional, power, oil and gas, and industrial projects in the United States and internationally, including steel plants, oil refineries, road and bridge work, utility generating plants, wastewater treatment plants, manufacturing plants, hospitals, airports, jails, stadiums, arenas, commercial developments and environmental cleanup projects. Mr Fultineer’s responsibilities have included detailed schedule delay analysis, productivity analysis, cost and financial investigation/analysis, estimation of cost to complete, review of project design and evaluation of property/business interruption damages. He has also prepared claims, evaluated project management control systems, implemented claims management and avoidance programs and supervised large information management systems. Mr Fultineer has testified as a schedule and quantum expert in US and international arbitrations and court proceedings, and has presented analysis in mediation. Prior to construction consulting, he acted as a project and cost/scheduling engineer at a US-based international contractor.
Frank is partner and head of the Americas at HKA with more than 35 years of experience in engineering, construction consulting and project management. He has been actively involved in the evaluation, presentation, resolution management, litigation and arbitration of construction claims, as well as project management oversight. Frank has managed complex consulting assignments on behalf of public and private owners, engineers, contractors and insurance and financial institutions. These assignments have involved a wide range of projects, including highways and bridges, dams, power-related facilities, water and wastewater treatment, landfills and building construction. He has been engaged in the design of civil structures, including roads, highways, railroads, hydraulic structures, and underground piping systems, and has prepared engineer’s estimates and technical specifications. Frank’s expertise has been used in the evaluation of the adequacy of design issues, professional performance, differing site conditions, defective specifications, contract terminations, cost and financial analysis, productivity and delay analysis. He has also been responsible for the evaluation of cost and time impacts resulting from construction problems. Frank has provided expert testimony in various legal forums on issues including differing site conditions, defective contract documents, adequacy of design, construction defects, schedule delays, productivity evaluations, and cost analysis. He has extensive experience in various alternative dispute resolution formats.
Berkeley Research Group
HKA
Four PPG Place 4th Floor Pittsburgh, 15222 Tel: +1 412 235 4065 rfultineer@thinkbrg.com www.thinkbrg.com
Peers and clients say: “Richard brings organisation and leadership to cases” “He has ability to assess the needs in a particular case and work appropriately to fulfil the needs of the engagement” “He is very impressive on construction delay, defect and cost overrun matters”
130
Frank lectures extensively throughout North and South America on matters pertaining to project controls, project delivery systems, risk management and dispute avoidance/resolution. He is a former adjunct faculty member of Drexel University and Widener University, teaching in the construction management programme.
One Commerce Square 2005 Market Street, Suite 820 Philadelphia, 19103 Tel: +1 215 309 7934 frankgiunta@hka.com www.hka.com
Peers and clients say: “Frank’s depth of analysis is incredibly impressive” “He is a highly efficient and strategic construction expert” “Frank is excellent in all areas”
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Expert Witnesses | Profiles
Laura Miller
Paul Pocalyko
Andrew Rhodes
Laura A Miller is a recognised expert in the calculation of construction delay and disruption-related damages. She has testified in depositions, at ADR and trial proceedings, and in AAA and ICDR arbitrations. She also has presented her findings in numerous mediations. Ms Miller’s expertise includes the analysis of construction damages relating to the impact of design changes, change orders, delays, disruptions, inefficiencies, and accelerations. Her work in the construction arena has also involved issues such as terminations, defaults, limitations under Federal Acquisition Regulations, and integration of damages with schedule delay. She has performed contemporaneous construction cost reviews and has analysed the financial impact of various construction cost, schedule, and contract issues involving both private and public contacts. With more than 25 years of construction and damages related experience, Ms Miller’s work has encompassed projects in the oil and gas, power, industrial, transportation, and commercial building industries, as well as in government contracts. She has consulted on behalf of steel companies, electric and water utilities, oil and gas companies, construction companies, housing authorities, insurance companies, sureties, equipment producers, school districts, municipalities and other government entities. Ms Miller graduated with a Bachelor of Science degree in Business Administration and Accounting from John Carroll University, and an MBA from the University of Pittsburgh, Joseph M Katz Graduate School of Business. She is a Certified Public Accountant (CPA) in the Commonwealth of Pennsylvania, a Certified Fraud Examiner (CFE) and a Certified Construction Auditor (CCA).
Paul has 35 years of experience in accounting, finance, consulting, and operations management. He has acted as an expert on more than 80 occasions in matters of delay, disruption, quantum and damages. Paul has served as an arbitrator in numerous disputes and has been cross-examined or deposed on more than 100 occasions, including delivering concurrent evidence. He has given expert testimony in mediations, arbitration, depositions and trials. Paul has been involved in assignments related to acquisition disputes, bankruptcy and troubled company issues, construction defaults and delays, economic damages, fraud investigations and healthcare fraud and abuse. He has carried out work related to intellectual property infringements, partnership disputes, products liability, professional liability, real estate disputes and wrongful termination. Paul spent more than half of his career working for a “Big Four” accounting firm, providing financial consulting and accounting services to attorneys, insurance companies, government agencies and public and private corporations. He also provided consulting and forensic services to clients in relation to many of the top construction contractors and engineering, procurement and construction companies in the United States, Europe, the Middle East and Asia. Paul regularly speaks before various professional and educational groups on aspects of financial analysis, litigation consulting, fraud investigations and economic damages. He has also co-authored and authored multiple publications and articles on the same subjects. Paul is a certified public accountant; certified in financial forensics; and a certified fraud examiner.
Andrew B Rhodes, CCP, PSP is a recognised expert in the areas of schedule delay analysis, labour productivity and construction-related damages, he has been called upon to testify on more than 70 occasions. He is widely respected within the industry for his independence, attention to detail, credibility and strength under cross-examination. Mr Rhodes has been designated as a testifying expert in connection with domestic and international arbitrations, federal and state court proceedings and board of claim hearings. He has also served as a mediator and as a dispute resolution board-appointed expert. Over the course of more than 25 years, Mr Rhodes has conducted and directed the analysis of hundreds of construction-related claims in connection with formal disputes and ongoing projects. He has evaluated claims ranging in value from $5 million to more than $1 billion. His complex project experience spans various industry sectors and includes LNG plants; oil refineries; pipelines; chemical plants; nuclear, solar, coal and gas-fired power generation facilities; heavy civil projects; steel mills; stadiums; university facilities; casinos; mining facilities; and commercial buildings. Mr Rhodes has provided construction consulting services on projects and to clients in North America, South America, Australia, the Caribbean, Europe, Asia, and Africa. Mr Rhodes obtained a Master of Science degree in structural engineering as well as a Bachelor of Science degree in civil engineering, cum laude, from Lehigh University. Additionally, he is a Certified Cost Professional (CCP) and a Planning and Scheduling Professional (PSP). Prior to joining FTI Consulting, Mr Rhodes was a founder and president of The Rhodes Group, an international construction claims consulting firm.
Peers and clients say: “Laura is an expert who is fully prepared, and provides great input in strategy sessions” “She exhibits impressive knowledge and experience with CPM scheduling and damages calculations” “We have sought to engage her and her firm on subsequent matters which is the highest compliment”
Peers and clients say: “Paul is an excellent advocate who is highly knowledgeable and comprehensive in his approach” “He is simply amasing regarding a range of construction matters, from testimonies to depositions” “Paul is thorough, creative, prompt and highly effective”
Peers and clients say: “Mr Rhodes is a highly successful damages expert” “He is an extremely strong expert on construction matters” “Everyone in the industry has only great things to say about Andrew”
FTI Consulting
The Grant Building, 23rd Floor 310 Grant Street Pittsburgh, 15219 Tel: +1412 227 3864 laura.miller@fticonsulting.com www.fticonsulting.com
HKA
One Commerce Square 2005 Market Street, Suite 820 Philadelphia, 19103 Tel: +1 215 309 7700 paulpocalyko@hka.com www.hka.com
whoswholegal.com
FTI Consulting
The Grant Building, 23rd Floor 310 Grant Street Pittsburgh, 15219 Tel: +1 412 227 3672 andrew.rhodes@fticonsulting.com www.fticonsulting.com
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Profiles | Expert Witnesses
USA • Pennsylvania
Philip R Urwin
Peter J Wallace
Phil Urwin is a certified planning and scheduling professional with over 20 years of experience, including a decade in the field in trades, supervision, and construction management roles. He built his expertise working for contractors and consulting firms on projects across the world, including some of the world’s most complex and high-value projects. He has a very wide sector experience ranging from commercial building to large scale infrastructure and industrial developments. Phil has testified in deposition, has been cross examined in court and arbitration proceedings, and has presented analysis at mediations and in settlement negotiations. He has also published and lectured on his area of expertise and was a contributing author for the 2019 edition of the Construction Management Association of America’s Time Management Guidelines. He holds a bachelor’s degree in construction management and a post graduate qualification in construction law and arbitration. Phil has provided expert opinion on matters of delay, disruption, productivity, construction management and project controls. He has also prepared claims, assessed claims, provided cost and financial analysis, evaluated project control systems, and provided scheduling services for active projects. He has provided these services to public and private owners, engineers, contractors, developers, insurance providers, and financial institutions.
Peter Wallace is a partner at HKA with over 38 years of experience in the construction industry. His specialist areas of expertise include process review and improvement, performance audits, cost assessments, risk reviews, litigation and expert witness services, lender advisory and due diligence reviews, and project management oversight services. His industry experience includes oil and gas, power, industrial, pharmaceutical and life Sciences, commercial buildings and public infrastructure. In the infrastructure sectors, his project experience includes highways, tunnels, airports, port facilities, convention centres, casino and resort developments, stadium and sports arenas and educational facilities. He has worked with clients at the federal, state and local levels of government. Prior to rejoining HKA (formerly Hill International), Mr Wallace was a principal with Deloitte’s financial advisory services practice and founded the capital projects consulting practice which provided a wide range of management consulting and claims management services to the global construction industry. Mr Wallace also led Deloitte’s federal capital projects consulting practice. Consulting on project risk and complex transactions has been a particular hallmark of Mr Wallace’s career and experience. He has conducted due diligence/risk reviews on numerous multi-billion dollar oil and gas projects for financial investors and project developers. He has acted as the independent monitor on large nuclear retrofit projects. He has advised the bankruptcy trustee on billion dollar troubled project liquidations. He has conducted financial analysis of construction companies as part of post-closure adjustments and acquisition disputes.
Berkeley Research Group
In addition, he possesses significant experience with the preparation, arbitration and litigation of complex engineering and constructions claims on a wide variety of assignments. He provided vendors of nuclear facilities with claims management services on several major litigations involving complex engineering, regulatory, scheduling and damages issues. Similarly, he has provided both owners and contractors with litigation support services on pipelines, refineries, process facilities that have incurred substantial cost and schedule overruns. Mr Wallace has provided management consulting and expert services on some of the largest public infrastructure projects in the world including The Channel Tunnel, Panama Canal Third Set of Locks, Central Artery Tunnel “Big Dig”, Oakland Bay Bridge Replacement, Tacoma Narrows Bridge Replacement, and Sound Transit Light Rail System.
One Liberty Place Center 1650 Market Street Philadelphia, PA 19103 Tel: 2674675058 purwin@thinkbrg.com www.thinkbrg.com
One Commerce Square 2005 Market Street, Suite 820 Philadelphia, 19103 Tel: +1 215 309 7780 peterwallace@hka.com www.hka.com
Peers and clients say: “Phil is a diligent, thorough and intelligent expert” “He handles himself very well on the stand in both direct and cross examination” “He is very smart and has a great command of all things related to construction CPM scheduling”
Peers and clients say: “Peter is a seasoned and experienced expert who focuses on the details and issues that matter” “He is very experienced and knowledgeable about the construction industry” “He is very professional and thorough in his approach”
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HKA
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Expert Witnesses | Profiles
USA • Texas
Frank G Adams, PE
Dan B. Clark
Robert B Cavoto
Frank G Adams, PE, founder of Interface Consulting International, Inc, has more than 40 years of experience in construction and engineering matters, involving more than 400 construction projects in over 70 countries. As an expert in construction management, Mr Adams provides expert services involving engineering, project management, schedule delay, labour productivity, and quantum (damages) issues. Mr Adams has testified as an expert in over 80 matters in US courts and arbitrations under the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), and the Vienna International Arbitral Centre (VIAC). He is also a member of the American Arbitration Association’s Construction Mega Project Panel of arbitrators. Mr Adams holds a Bachelor of Science degree in mechanical engineering and a Master of Business Administration degree, both from Tulane University. Mr Adams’ career in construction started with a mechanical contractor (MCC) working in the commercial and industrial construction sectors. After receiving his MBA, Mr Adams worked for McDermott International, Inc, followed by Raymond International, in the US and abroad. In 1986, Mr Adams formed Interface Consulting International, Inc, an expert services firm which operates globally from its headquarters in Houston, Texas. The firm has provided services on over 1,000 projects. An experienced expert in construction management, Mr Adams has lectured on a variety of topics including change order management, claims avoidance, schedule delay analysis, and the management of international EPC construction projects for various professional associations, private companies and public forums.
Dan Clark is a senior managing director in the FTI Consulting Construction Solutions practice. Mr Clark has over 35 years of providing construction programme management analyses, forensic accounting and auditing services, program risk assessment experience, schedule analysis, real estate development consulting, project completion evaluations, insurance, and surety consulting. Mr Clark provides forensic audit, project administration assessments (management/ controls/administration), project scheduling analysis, economic loss/lost profits and business interruption claims. Mr Clark has provided affirmative and rebuttal expert reports and related testimony relating to various construction matters and general project developments. Among the issues Mr Clark has aided on are matters involving construction delay and cost impacts, fraudulent financial schemes, Daubert challenges of experts, litigation support for complex litigation matters, FAR/DFAR matters and financial reporting and disclosure. Mr Clark has testified in State, Federal and International matters. Mr Clark’s broad-spectrum experience to the construction industry includes conducting analyses of construction disputes, development of findings, issuing expert report of findings and opinions and providing related expect witness deposition and testimony at trial including complex litigation support services for significant international dispute matters.
Robert (Bob) Cavoto, CPA, is a forensic accountant who provides consulting and expert witness services on commercial, construction, and real estate matters in both domestic and international disputes and investigations. Mr Cavoto has provided expert witness services on disputes involving large heavy civil, industrial and energy power, mixed-use and commercial development projects. He has also assisted clients with accounting and financial fraud investigations. His accounting expertise includes forensic accounting and fraud investigations, preparation, analysis and resolution of contract disputes involving extra work, delay and disruption damages, productivity impacts, and lost profit calculations. His financial and operational expertise includes financing and underwriting, valuations, acquisition and dispositions, development, asset management, strategic planning and analysis, and budgeting. Mr Cavoto’s experience spans projects in all stages of development, construction and operation from a private or public owner, lender, developer, or contractor perspective and is drawn from his consulting experience and prior positions including as COO and CFO for a development, construction and operations company; vice present – asset management and vice president – fund controller for a REIT and MLP Advisor overseeing eight publicly traded real estate funds; vice president - finance and special projects for an investment, syndication, and property management company; and senior manager - audit and advisory for a Big Four public accounting firm.
1301 McKinney Street Suite 3500 Houston, 77010 Tel: +1 832 667 5217 dan.b.clark@fticonsulting.com www.fticonsulting.com
4330 Prince William Parkway Suite 301 Woodbridge, 22192 Tel: +1 703 580 8801 bcavoto@delta-cgi.com www.delta-cgi.com
Peers and clients say: “He is extremely knowledgeable and has served as a court-recognised expert for many years” “Frank is a confident speaker and is highly recommended for construction disputes”
Peers and clients say: “Dan is a excellent construction expert witness” “Mr Clark is great to work with” “He adds value to every case he is on”
Peers and clients say: “Robert has the ability to constantly deliver high-quality work, and is always available any time of day” “He is very good at communicating complex issues” “Mr Cavoto’s work is very detailed”
Interface Consulting International, Inc
5847 San Felipe Street, Suite 1910 Houston, 77057 Tel: +1 713 626 2525 fgadams@interface-consulting.com www.interface-consulting.com
FTI Consulting
whoswholegal.com
Delta Consulting Group
133
Profiles | Expert Witnesses
USA • Texas
J Mark Dungan
Jeffrey E Fuchs
Dakus Gunn
J. Mark Dungan is the executive vice president and co-founder of Delta Consulting Group. He has over 40 years of experience in the construction industry derived from positions beginning as a field engineer and construction manager of a multibillion-dollar corporation and growing through operations; division manager; and equity owner of a real estate development and construction company. Mr Dungan’s years of service working as a construction and project manager on construction sites has given him an in-depth understanding of construction means, methods, and the value of good project controls such as scheduling cost and productivity controls. Building on that experience, he honed his skills as a claims consultant with an international consulting and accounting firm. Mr Dungan is now sought out by public and private entities and by both plaintiffs and defendants to provide expert witness testimony on critical litigation matters. Mr Dungan is a testifying expert in matters involving delay, disruption, cost estimates, and construction defects. He has co-authored numerous articles pertaining to loss of productivity, which have been published in domestic and international law journals. He is a regular presenter on this subject at the AACE national conference and co-authored a peer-reviewed article entitled “Improved Baseline Method to Calculate Lost Construction Productivity,” which was published in the ASCE Journal of Construction Engineering and Management, February 2014. Mr Dungan has a BS in building construction from the Virginia Polytechnic Institute State University. He is a licensed Class A general contractor in Virginia, USA.
Jeffrey E Fuchs, PE, CPA, and Chief Executive Officer and Co-founder of Delta Consulting Group has over 37 years of experience in the engineering and construction industries and has testified in over 60 cases in Europe, Asia, the Middle East, Africa, North America, South America, Panama, and Mexico. He has provided testimony for complex litigation and arbitration on numerous matters involving delay, disruption, damages, and loss of productivity and defects, among others. Mr Fuchs has extensive experience in the areas of energy (including nuclear, coal, fossil fuel, wind, hydroelectric); oil & gas; water and wastewater; rails; subways; bridges; roads; tunnels; dams, buildings (including airports, courthouses, prisons, hospitals, data centers, schools, and hotels); and manufacturing. He has testified in federal and state courts throughout the United States; at ICC arbitrations in Spain, the UK, France, Switzerland, Mexico, Panama, and New York; at UNCITRAL in Qatar and Switzerland; and at the ICDR in New York. Mr Fuchs has a BS in civil engineering and an MS in construction engineering and management from the University of Maryland; is a licensed professional engineer and a certified public accountant. He is a retired US Air Force Reserve civil engineering officer. Prior to founding Delta, Mr Fuchs was the area director for Ernst & Young’s construction industry consulting services for the mid-Atlantic US region. Additionally, he has served as an arbitrator and mediator, has lectured extensively, and published numerous articles and books.
Dakus Gunn, senior director at Delta Consulting Group, has served as an expert in dispute resolution for over 19 years. He provides expert analysis, opinions, and testimony in complex construction litigation and arbitration on numerous matters involving delay, damages, and loss of productivity. Mr Gunn’s experience spans a broad diversity of projects including international airports, energy and power industry (wind, hydroelectric, coal, oil & gas); transportation (light rail, bridge, and interstate construction); and multibillion-dollar infrastructure projects. His international experience includes disputes in Africa, Europe, South America, the Middle East, and Central America. Mr Gunn has provided expert analysis and/or testified in venues such as AAA Arbitration, ICC Arbitration, DIAC Arbitration, United States federal and state courts, mediations, dispute adjudication boards, and other alternative dispute resolution venues. He has provided expert opinions on complex delay analysis for projects including 700-acre land developments, international airports, urban highrises, and major urban infrastructure projects. Mr Gunn has also presented damages to DCAA auditing authorities and provided numerous expert reports relating to damages on construction projects for owners, engineers, contractors, and suppliers. He has also provided expert opinions and analysis on the loss of productivity for labor forces numbering in the thousands on projects such as two US$5 billion coal fire power plants in South Africa, a US$1 billion expansion of a Middle Eastern airport, and a US$457 million dollar baseball stadium. Mr Gunn has a BSc in economics, and a BSc in brain & cognitive science, from the Massachusetts Institute of Technology.
4330 Prince William Parkway Suite 301 Woodbridge, 22192 Tel: +1 703 580 8801 mdungan@delta-cgi.com www.delta-cgi.com
4330 Prince William Parkway Suite 301 Woodbridge, 22192 Tel: +1 703 580 8801 jfuchs@delta-cgi.com www.delta-cgi.com
4330 Prince William Parkway Suite 301 Woodbridge, 22192 Tel: +1 703 580 8801 dgunn@delta-cgi.com www.delta-cgi.com
Peers and clients say: “Mark has the ability to address complex issues and make them understandable” “He has thorough practice area knowledge” “Mr Dungan is a great presenter in dispute proceedings”
Peers and clients say: “Jeffrey is among the very best costs and damages quantum experts” “His particular strength is his ability as a testifying expert” “He and his team prepare high-quality reports without the need for hand-holding”
Peers and clients say: “Dakus is an extremely smart expert” “He is able to effectively distil complicated issues” “Mr Gunn is a highly recommended expert in construction claims”
Delta Consulting Group
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whoswholegal.com
Delta Consulting Group
Expert Witnesses | Profiles
USA • Virginia
Marianne Ramey
Tong Zhao
Thomas Fertitta
Ms Ramey is the founder and president of Project Advisors International, an independent construction consultancy delivering programming, delay expert and specialist services on large and complex construction projects located worldwide. She manages offices in the US and the UAE, providing leadership and direction to PAI’s construction delay specialists, as well as expert testimony on the cause and effect of delay in various international forums for the resolution of construction delay disputes. She has extensive experience resolving complex time-related dispute issues using advanced programme analysis techniques and presenting the results in a way easily understood by both construction managers and attorneys. Ms Ramey is a highly regarded independent expert witness on programming, project controls, project management and dispute resolution. Her experience is focused on infrastructure (power, transit, highways, tunnels and process plants) and specialty building projects, and she consults on projects in Europe, the Middle East, Africa, Asia, Australia and the US. Her specialist skills are in the analysis of project performance through detailed analysis of project records – in particular the critical path network programmes for the project, development of detailed progress records – and identifying delays and the causes of delays. This requires specialist software skills with Primavera P6 and more routine office software such as Excel, Word and mind mapping software. Ms Ramey is a civil engineer in the US and Australia; a certified project management professional; a founding member of the Society of Construction Law North America, and international liaison officer; a contributing author to the Delay and Disruption Protocol (second edition); a member of the Worshipful Company of Arbitrators; and a fellow of the American Society of Civil Engineers.
Dr Tong Zhao, senior director, is an industry-recognised expert in loss of productivity and has performed numerous productivity analyses. He has provided expert witness testimony in deposition and at trial for domestic and international matters, ranging from small to multi-billion-dollar construction projects across different industry sectors. He has authored more than 20 publications on loss of productivity in peer-reviewed journals and conference proceedings. Dr. Zhao has more than 20 years of experience related to engineering, and has worked for owners, designers, and contractors throughout the world, including East Asia, the Middle East, and the US. He is also an expert in critical path method (CPM) scheduling, forensic schedule analysis for delay and disruption, earned value analysis, cost estimating, damage and quantum analysis, and forensic engineering. Dr. Zhao is extensively experienced in transportation, onshore/ offshore structures, power generation facilities, shipbuilding and repair, hotels and condominiums, commercial buildings, water diversion tunnels and dams, and government and public facilities. Dr. Zhao has served in testifying and consulting roles across a variety of cases and has gained significant experience in litigations and arbitration. He is adept at distilling complex arguments and analyses on delay, disruption and forensic engineering for use in expert reports, testimony, cross-examination, and trial exhibits. He is a PhD in civil engineering from the University of Maryland, a professional engineer (PE), and is certified as a planning and scheduling professional (PSP), a certified cost professional (CCP), and a certified forensic claims consultant (CFCC) by AACE.
Mr Fertitta is a managing director with Secretariat and has over 35 years in the construction industry with extensive experience working with owners, owner agents, architects, engineers, contractors and subcontractors. He has supported clients by resolving potential project pitfalls that may adversely affect performance on large complex commercial projects. He continually produces positive results for project stakeholders with his broad experience and unique view of project issues during all phases of the construction process. His insightful strategies assist clients by identifying and avoiding risks, complying with severe contract requirements, exploring efficient construction sequences, and preparing persuasive analyses. Mr Fertitta has provided scheduling related services such as preparation of CPM Schedules, critical path analyses demonstrating delay, disruption, acceleration, and contract terminations. His construction experience has included leadership positions responsible for project management, cost estimating and fieldwork coordination. Examples of his project experience include private and government projects such as embassies, schools, rail, office buildings, co-generation plants, industrial facilities, military facilities, condominiums, wastewater treatment plants, prisons and courthouses. Throughout his career, Mr Fertitta has prepared and presented seminars at industry forums and authored chapters and articles in industry publications in the US and Canada. Notably, he has been identified as an independent expert on scheduling matters, in particular, areas of delay and disruption on construction disputes. Further, he has appeared in mediation/settlement negotiations, arbitration, state and federal court, the Armed Services Board of Contract Appeals, and the Civilian Board of Contract Appeals.
Project Advisors International LLC
6519 Ryanlynn Drive Fairfax Station, 22039 Tel: +1 703 250 3447 pai@paiworld.com www.paiworld.com
Peers and clients say: “She is one of the prominent delay experts on the international stage” “Marianne is simply excellent”
Delta Consulting Group
4330 Prince William Parkway Suite 301 Woodbridge, 22192 Tel: +1 703 580 8801 tzhao@delta-cgi.com www.delta-cgi.com
Peers and clients say: “Tong is very responsive, and given his technical background, can be invaluable in assessing difficult issues in litigation” “He is very thorough and reliable” “He is very knowledgeable about impact claims” “Tong is very detail oriented and finds arguments that others have missed” whoswholegal.com
Secretariat
Continued overleaf
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Profiles | Expert Witnesses
USA • Virginia
Washington
Thomas Fertitta (cont.)
Paul S Ficca
Stephen C Ross
Mr Fertitta holds a bachelor of science degree, civil engineering and a master’s degree, business administration, both from The George Washington University.
Paul Ficca is the global segment leader of FTI’s forensic and litigation consulting segment. Mr Ficca has 33 years of experience providing services in construction disputes, forensic accounting, fraud investigations and damages analysis. Mr Ficca has served as an expert witness in numerous arbitrations and other court venues. Mr Ficca has extensive experience with many types of infrastructure projects, including power generation facilities, petrochemical plants, pipelines, tunnels, highways, bridges, mass transit and rail projects, airports, manufacturing facilities, steel mills, hospitals, gaming and hospitality, and other public and private facilities. Mr Ficca’s experience includes engagements related to construction project delays, cost overruns, contractor terminations, differing site conditions, variations, equipment failures, labour productivity issues, and numerous other forms of project impacts. Mr Ficca has worked on projects involving project delivery methods such as design/build, EPC, EPCM, and cost plus fixed fee and cost-plus percentage fee arrangements, among others. Mr Ficca has a BA in business administration with an emphasis in accounting from the University of Washington. He is a Certified Public Accountant and a Certified Management Accountant. He is a member of the American Institute of Certified Public Accountants, Washington Society of Certified Public Accountants, and Institute of Management Accountants.
Stephen Ross is senior managing director of Ross Forensics Group. He has been advising clients on cost, quantum and damages issues in dispute and litigation matters for more than 35 years. Prior to founding Ross Forensics Group, Steve held senior positions at international consulting firms including Navigant Consulting, Tucker Alan and Peterson Consulting. Steve has been retained to advise multinational concerns, Fortune 100 and 500 companies and major law firms throughout the US and abroad on a wide variety of significant assignments. Steve is particularly recognised for his expertise assisting clients in major construction disputes and international arbitrations. The projects in which he has been retained include power plants, subway/ rail/infrastructure, energy and mining, bridges, airports, and resort hotels. His work has spanned North America; the United Kingdom and elsewhere in Europe; the Middle East; Africa; China; Singapore; and the Caribbean. Steve has provided expert testimony in deposition, trial and arbitration on more than 80 occasions. He has been qualified as an expert in state and federal courts throughout the United States. Steve has also given evidence in international forums including the High Court of Justice, Queen’s Bench Division – Technology and Construction Court, the London Court of International Arbitration, the International Centre for Dispute Resolution, the International Chamber of Commerce and the Singapore International Arbitration Centre. He has extensive experience serving as an expert before arbitration tribunals and has participated in expert “hot-tubbing” and other forms of expert examination. Steve holds a business administration degree with an accounting concentration from the University of Washington and is a licensed certified public accountant. He also holds designations as certified in financial forensics and a chartered global management accountant.
459 Herndon Parkway, Suite 19 Herndon, 20170 Tel: +1 703 673 1191 tfertitta@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Thomas is a highly regarded construction claims expert” “He has a knack for distilling complicated schedules and damages into a readily understood, and persuasive, narrative” “He is calm under pressure and very detail oriented” 136
FTI Consulting
1111 Third Avenue Floor 12 Seattle, 98101 Tel: +1 206 423 2094 paul.ficca@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Mr Ficca is a very well-known and respected name in the industry” “He is calm and composed on the stand” “He is one of the veterans of the quantum expert field” whoswholegal.com
Ross Forensics Group
525 West Crockett Street Seattle, 98119 Tel: +1 206 515 2386 sross@rossforensics.com www.rossforensics.com
Peers and clients say: “Stephen has a superb reputation for large-scale construction arbitrations” “He performs incredibly well under cross-examination”
Expert Witnesses | Directory
DIRECTORY An asterisk denotes practitioners who have profiles in the preceding pages. Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Australia
Louie C Wu
FTI Consulting Louie Wu is a senior managing director in FTI Consulting’s forensic and litigation consulting segment and is also a member of FTI Consulting’s construction, environmental and government contracts practice. Mr Wu has more than 27 years of forensic accounting experience preparing independent accounting, financial, and damages analyses for clients, and has been qualified as an expert witness on damages and testified in depositions, arbitration hearings, and formal court proceedings in the United States and Canada. He has also conducted fraud investigations and has extensive experience in the construction industry assisting clients with project monitoring, project control reviews, policy and procedure reviews, contract audits, cost analysis, and change order and claim analyses. Mr Wu’s litigation consulting experience includes conducting forensic accounting investigations to analyse, quantify and document fraudulent transactions; preparing numerous financial and accounting analyses for use in arbitration, mediation and formal court settings; preparing expert reports to explain damages methodologies and calculations in multiple state and federal civil actions; presenting independent findings during mediation proceedings; assisting counsel during depositions, hearings, arbitrations, mediations and trial; and providing expert witness testimony. His commercial litigation experience includes assisting counsel during construction disputes, environmental cleanup cost disputes, insurance coverage issues, fraud investigations, wireless carrier litigation, government contract disputes, labour and employment litigation, and other contract disputes.
Mr Wu has conducted numerous contract audits and claim analyses for owners, contractors, design firms, and sureties related to capital projects, including analyses of contractor billings, change orders and claims, added costs due to design changes and differing site conditions, financial statements, job cost reports, job profitability, bid estimates, budget overruns, labor inefficiencies, cost allocations, extended overhead costs, and cost to complete scenarios.
1111 Third Avenue Floor 12 Seattle, 98101 Tel: +1 206 689 4482 louie.wu@fticonsulting.com www.fticonsulting.com
Peers and clients say: “Louie is a well-respected expert on construction matters related to quantum and forensic accounting” “He is thorough, logical and able to solve complex problems” “Louie is poised and does well under pressure with cross-examination”
whoswholegal.com
Jennifer Barrett Corrs Chambers Westgarth jennifer.barrett@corrs.com.au Phillip Blunden Hinds Blunden pblunden@hindsblunden.com.au Stuart Downes* FTI Consulting stuart.downes@fticonsulting.com Jon Dyson* FTI Consulting jon.dyson@fticonsulting.com Robert Gemmell Independent Arbitrator rg@robertgemmell.com Stuart Harold* FTI Consulting stuart.harold@fticonsulting.com Jonathan Humphrey* HKA jonathanhumphrey@hka.com William J Kerr* TBH William.kerr@tbhint.com Simon Lowe Capital Consulting International (Australia) Pty Ltd simon.lowe@cci-int.com James Lyall Lyall Hamson Pty Ltd jlyall@lyallhamson.com George Matta* TBH george.matta@tbhint.com Stephen Rae* FTI Consulting stephen.rae@fticonsulting.com Paul Roberts* Secretariat proberts@secretariat-intl.com Les Ross* Secretariat lross@secretariat-intl.com Paul Sincock* AMOG Consulting paul.sincock@amog.consulting
Brazil
Luiz Fernando Alongi Aequitas - Mediacao e Consultoria lfernando@aequitas.com.br Henrique Frohnknecht Armored Consulting henrique@armoredconsulting.com.br Judith Martins-Costa Judith Martins-Costa Advogados judith@jmartinscosta.adv.br
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Directory | Expert Witnesses
Canada Ontario
Sandra Burnell Revay and Associates Limited sburnell@revay.com Christopher Larkin* FTI Consulting chris.larkin@fticonsulting.com Robert Poole* FTI Consulting robert.poole@fticonsulting.com
Quebec
Maged Abdelsayed, P. Eng, M. Eng.* HKA magedabdelsayed@hka.com
Chile
Rodrigo Hernández Riquelme* J.S. Held rodrigo.hernandez@jsheld.com
China
John Cock* On Q Consulting in association with Hanscomb Intercontinental jec@onqonline.com
Colombia
Carlos Ortega* Deloitte carlortega@deloitte.com
England
Faye Allen* ARCADIS faye.allen@arcadis.com Oliver Barnes* Secretariat obarnes@secretariat-intl.com Paul Barry Independent Brian Barry* Kroll brian.barry@kroll.com David Barry* Kroll david.barry@kroll.com Russell Bates* HKA russellbates@hka.com Geoff Bewsey* HKA geoffbewsey@hka.com Gary Blackburn* ARCADIS gary.blackburn@arcadis.com Robert Burt Acutus rburt@acutus.co.uk Colin Byford* gb2 LLP cbyford@gbsqd.com Peter Caillard* HKA petercaillard@hka.com Ronan Champion Champion Pearce rchampion@championpearce.com Jas Cheema* Berkeley Research Group jcheema@thinkbrg.com
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Lee Cookson* ARCADIS lee.cookson@arcadis.com Daniel Correa* DAC Consulting Services Ltd dcorrea@dac-consultingservices.com Matthew Davis William J Marshall & Partners mjd@williamjmarshall.co.uk Mark Dixon* HKA markdixon@hka.com Austin Duffy* Kroll austin.duffy@kroll.com Richard Edwin* Kroll richard.edwin@kroll.com Christopher Ennis Time | Quantum Expert Forensics Limited chris@tqef.uk.com Emyr Evans* HKA emyrevans@hka.com David Falkenstern* Kroll david.falkenstern@kroll.com Tony Farrow* Ankura tony.farrow@ankura.com Matthew Finn* Ankura matthew.finn@ankura.com Neil Fitch* Kroll neil.fitch@kroll.com David Goodman* Kroll david.goodman@kroll.com Mark Gordon* Kroll mark.gordon@kroll.com Campbell Gray Currie & Brown Consulting Limited enquiries@curriebrown.com Paul Greenwell* Turner & Townsend paul.greenwell@turntown.co.uk Charles Gurnham* gb2 LLP cgurnham@gbsqd.com Mark Hackett Mark Hackett Associates LLP mark.hackett@mha-legalsupport.com David Halford Time | Quantum Expert Forensics Limited david@tqef.uk.com Tristram Hambly William J Marshall & Partners eth@williamjmarshall.co.uk Liam Holder* Secretariat lholder@secretariat-intl.com Stuart Holdsworth* Diales Expert Witness Services stuart.holdsworth@diales.com Duncan Hughes-Phillips* Base Quantum Ltd duncan.phillips@base-quantum.co.uk Martin Hunter* Yendall Hunter Limited mhunter@yendallhunter.com Scott Jardine* Ankura scott.jardine@ankura.com
whoswholegal.com
Mehmet Karakoc* Secretariat mkarakoc@secretariat-intl.com Petros Karalis* Kroll petros.karalis@kroll.com Ekrem Kaya* HKA ekremkaya@hka.com Paul Kelly Capital Consulting International paul.kelly@ccint.co.uk Gary Kitt* ARCADIS gary.kitt@arcadis.com Carlos Loayza* Delta Consulting Group cloayza@delta-cgi.com Wendy MacLaughlin* gb2 LLP wmaclaughlin@gbsqd.com Stuart Macdougald-Denton* Diales Expert Witness Services stuart.macdougald-denton@diales.com Ewen Maclean* Kroll ewen.maclean@kroll.com Franco Mastrandrea* HKA francomastrandrea@hka.com Timothy McGoldrick* Diales Expert Witness Services tim.mcgoldrick@diales.com Michelle Metz* HKA michellemetz@hka.com Daniel Miles Aquila Forensics Ltd dan.miles@aquilaforensics.com Mark Mills Aquila Forensics Ltd mark.mills@aquilaforensics.com John Mullen* Diales Expert Witness Services john.mullen@diales.com Derek Nelson* HKA dereknelson@hka.com Roger Nutland* ARCADIS roger.nutland@arcadis.com Seamus O’Doherty* Berkeley Research Group sodoherty@thinkbrg.com Ian Osbaldeston* Kroll ian.osbaldeston@kroll.com Rob Palles-Clark* Kroll rob.pallesclark@kroll.com Sarah Pattinson* gb2 LLP spattinson@gbsqd.com Joanne Prior* Kroll joanne.prior@kroll.com David Richards Aquila Forensics Ltd david.richards@aquilaforensics.com Ian Robinson Tempus Delay Analysis ian.robinson@tempus-delayanalysis.com David Rollason David Rollason Associates david.rollason@dr-associates.co.uk
Expert Witnesses | Directory
Stephen Sandles* Ankura stephen.sandles@ankura.com Mamas Stavrou* Ankura mamas.stavrou@ankura.com Michael Stokes* Ankura michael.stokes@ankura.com Keith Strutt* Diales Expert Witness Services keith.strutt@diales.com David P Sworder Hoare Lea davidsworder@hoarelea.com George Taft* Secretariat gtaft@secretariat-intl.com Tim Tapper* Turner & Townsend tim.tapper@turntown.co.uk James Taylor Jackson Rowe james.taylor@jackson-rowe.com Tom Taylor* Base Quantum Ltd thomas.taylor@base-quantum.co.uk Alan Whaley* ARCADIS alan.whaley@arcadis.com Mark Wheeler* Diales Expert Witness Services mark.wheeler@diales.com Iain Wishart Iain Wishart LLP jma@iainwishart.com Andrew Yendall Yendall Hunter Limited ayendall@yendallhunter.com Kishan de Silva William J Marshall & Partners kdes@williamjmarshall.co.uk Hervé de Trogoff Accuracy herve.detrogoff@accuracy.com
France
Anthony Charlton* HKA anthonycharlton@hka.com Juliette Fortin FTI France juliette.fortin@fticonsulting.com Thierry Linares* FTI France thierry.linares@fticonsulting.com Geoffrey Smith PS Consulting g.smith@ps-consulting.fr
Germany
Thomas Hofbauer* FTI Consulting thomas.hofbauer@fticonsulting.com Volker Schmitz Ankura volker.schmitz@ankura.com
Hong Kong
Scott Adams Scott Adams Consultants Ltd scottadams@scadacon.com.hk Mike Allen* Secretariat mallen@secretariat-intl.com
John Battersby Battersby Kingsfield Limited johnbattersby@bkasiapacific.com Ben Burley* Secretariat bburley@secretariat-intl.com Clive Holloway* FTI Consulting clive.holloway@fticonsulting.com Graham McNeill* FTI Consulting graham.mcneill@fticonsulting.com Patrick O’Neill ADR Partnership Ltd patrick.oneill@adrpartnership.com Scott Ramsden* HKA scottramsden@hka.com Douglas Wardale Project Co-ordination Services (HK) Ltd dwardale@netvigator.com
Ireland
John Delaney* Base Quantum Ireland john.delaney@base-quantum.ie David O’Leary OLM Consultancy admin@olmconsultancy.ie Gerry O’Sullivan Mulcahy McDonagh & Partners gposullivan@mmp.ie Kevin Porter Mulcahy McDonagh & Partners kporter@mmp.ie Mark Wearen* Kroll mark.wearen@kroll.com
Italy
Richard Appuhn ALC Services SrL dick@appuhn.us
Qatar
Tom Kapapa* HKA tomkapapa@hka.com Colin Russell* HKA colinrussell@hka.com Andrew Woodward Quantum Global Solutions andrew.woodward@qgs.global
Saudi Arabia
Haroon Niazi* HKA HaroonNiazi@hka.com
Scotland
Roy Andrew* FTI Consulting roy.andrew@fticonsulting.com Hamish Clark* HKA hamishclark@hka.com Alex Currie* HKA alexcurrie@hka.com Michael King* Diales Expert Witness Services michael.king@diales.com
whoswholegal.com
David McIntyre* HKA davidmcintyre@hka.com Janey Milligan Construction Dispute Resolution jlm@cdr.uk.com Doug Neville* HKA dougneville@hka.com Trevor Pettigrew-Smith Quantum Expert and Adjudicator trevor@pettigrewsmithconsulting.com Alan Sinclair Turner & Townsend alan.sinclair@turntown.com
Singapore
Peter Atkinson Exponent Inc patkinson@exponent.com Lee Baker* FTI Consulting lee.baker@fticonsulting.com Brian Bowie* Secretariat bbowie@secretariat-intl.com Garry Crossley* FTI Consulting garry.crossley@fticonsulting.com Amit Garg* Secretariat agarg@secretariat-intl.com John Lancaster* JS Held jlancaster@jsheld.com Andrew Oddie* FTI Consulting andrew.oddie@fticonsulting.com Sezgin Ozbilgin* Secretariat sozbilgin@secretariat-intl.com Jon Prudhoe* Ankura jon.prudhoe@ankura.com James Taylor* FTI Consulting james.taylor@fticonsulting.com Samuel Widdowson* Accuracy samuel.widdowson@accuracy.com Matthew Wills* JS Held mwills@jsheld.com
Spain
Fernando Cuñado KPMG Asesores SL fcunado@kpmg.es Alvaro Perez Martin CONEXIG LLC alvaroperez@conexig.com Alberto Rabano KPMG España alberto.rabano@kpmg.com Carlos Seoane Dopazo Capgemini Engineering carlos.seoane@capgemini.com Declan Tonge* J.S. Held declan.tonge@jsheld.com Javier Trapero Perez Capgemini Engineering javier.traperoperez@capgemini.com
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Directory | Expert Witnesses
United Arab Emirates
David Merritt* Diales Expert Witness Services david.merritt@diales.com Nabil Al Tawil* HKA nabiltawil@hka.com David Atkinson* HKA davidatkinson@hka.com John Boultwood* Boultwood + Associates john.boultwood@boultwoodassociates.com Manus Bradley* Secretariat mbradley@secretariat-intl.com Conrad Bromley* Secretariat cbromley@secretariat-intl.com Aidan Coyne* Kroll aidan.coyne@kroll.com David Dellar* Ankura david.dellar@ankura.com Guy Elkington* Ankura guy.elkington@ankura.com Bill Haggart* HKA billhaggart@hka.com Zane Hedge* Berkeley Research Group zhedge@thinkbrg.com Michael C Kenyon* Berkeley Research Group mkenyon@thinkbrg.com Andrew Mellor J.S. Held AMellor@jsheld.com Gordon Moffat GMCS gmoffat@gmcsme.com David Murphy* FTI Consulting david.murphy@fticonsulting.com Jacqui Record* Ankura jacqui.record@ankura.com Mike Saulsbury* Secretariat msaulsbury@secretariat-intl.com Ryan Shalabi* Turner & Townsend ryan.shalabi@turntown.com Michael Symons GMCS msymons@gmcsme.com Paul Taplin* Ankura paul.taplin@ankura.com Michael Tonkin* HKA michaeltonkin@hka.com Dimitrios Tousiakis* HKA dimitriostousiakis@hka.com Tommy Wakefield-Smith* Synel Consulting International tws@synelci.com
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USA
Arizona
Israel Almodovar* Ankura israel.almodovar@ankura.com
California
Peter V Badala* Ankura peter.badala@ankura.com Kenneth R Baker* HKA kenbaker@hka.com William A Cook* HKA williamcook@hka.com Bob Groves TM Financial Forensics LLC bgroves@tmfin.com Mike Kling* Secretariat mkling@secretariat-intl.com Gene Lash* Delta Consulting Group glash@delta-cgi.com Ted Scott* Secretariat tscott@secretariat-intl.com Tod Somerville* SOCOTEC Advisory LLC tsomerville@c2gi.com
Colorado
John Jerz* Berkeley Research Group jjerz@thinkbrg.com Cory Milburn* Delta Consulting Group cmilburn@delta-cgi.com Anamaria Popescu* Berkeley Research Group apopescu@thinkbrg.com
Connecticut
Darin L Buchalter Intellego Capital Partners, LLC darin.buchalter@intellego.com
District of Columbia
Greg D Crider* Ankura greg.crider@ankura.com Wayne DeFlaminis* HKA waynedeflaminis@hka.com Toshi Dezaki* Ankura toshi.dezaki@ankura.com Zafar Farooqi Capital Construction Consultants Inc. zfarooqi@ccci-dc.com Patrick M Kelly* Ankura patrick.kelly@ankura.com John McTyre* HKA johnmctyre@hka.com
Florida
Jason M Burby Burby Engineering, Inc. jason.burby@burbyengineering.com Scott D Gray* Ankura scott.gray@ankura.com
whoswholegal.com
Charles R Heckman* Delta Consulting Group checkman@delta-cgi.com Alexander Hockman NV 5 info@nv5.com Ben Nolan* Berkeley Research Group bnolan@thinkbrg.com Ted Trauner Trauner Consulting ted.trauner@traunerconsulting.com
Georgia
Robert W Davenport* Ankura robert.davenport@ankura.com Nelson Gallardo* FTI Consulting nelson.gallardo@fticonsulting.com Neil Gaudion Lighthouse Consulting Group Neil.Gaudion@lcg-experts.com Don Harvey* Secretariat dharvey@secretariat-intl.com Larry Smith* HKA larrysmith@hka.com
Illinois
Scott D Hollingsworth* HKA scotthollingsworth@hka.com Richard Sieracki* HKA richardsieracki@hka.com
Maryland
Colin Daigle* Imperium Consulting Group colin.daigle@ImperiumCG.com Patrick McGeehin* FTI Consulting pat.mcgeehin@fticonsulting.com
Nevada
Christopher H Beirise* HKA chrisbeirise@hka.com Chris Spandau* HKA chrisspandau@hka.com
New Jersey
Tom Gaines* Secretariat tgaines@secretariat-intl.com
New York
William Berkowitz* FTI Consulting william.berkowitz@fticonsulting.com Simon Braithwaite* Diales Expert Witness Services simon.braithwaite@diales.com Mark W Cohen* J.S. Held mcohen@jsheld.com Meera Wagman* Secretariat mwagman@secretariat-intl.com}
Expert Witnesses | Directory
Pennsylvania
Timothy R Chitester* HKA timchitester@hka.com Michael F D’Onofrio* Capital Project Management, Inc. mdonofrio@cpmiteam.com Richard Fultineer* Berkeley Research Group rfultineer@thinkbrg.com Frank J Giunta* HKA frankgiunta@hka.com Laura Miller* FTI Consulting laura.miller@fticonsulting.com Paul Pocalyko* HKA paulpocalyko@hka.com Andrew Rhodes* FTI Consulting andrew.rhodes@fticonsulting.com Philip R Urwin* Berkeley Research Group purwin@thinkbrg.com Peter J Wallace* HKA peterwallace@hka.com
Bryan Byrd Synergen bryanb@synergen.com Dan B. Clark* FTI Consulting dan.b.clark@fticonsulting.com Anthony J Gonzales Spire Consulting Group LLC anthonyg@spirecg.com Felipe André Isoré Gutiérrez CONEXIG FelipeGutierrez@conexig.com Robert B Cavoto* Delta Consulting Group bcavoto@delta-cgi.com J Mark Dungan* Delta Consulting Group mdungan@delta-cgi.com Robert Freas Exponent Inc rfreas@exponent.com Jeffrey E Fuchs* Delta Consulting Group jfuchs@delta-cgi.com Dakus Gunn* Delta Consulting Group dgunn@delta-cgi.com
Marianne Ramey* Project Advisors International LLC pai@paiworld.com Tong Zhao* Delta Consulting Group tzhao@delta-cgi.com
Virginia
Thomas Fertitta* Secretariat tfertitta@secretariat-intl.com
Washington
Paul S Ficca* FTI Consulting paul.ficca@fticonsulting.com Stephen C Ross* Ross Forensics Group sross@rossforensics.com Louie C Wu* FTI Consulting louie.wu@fticonsulting.com
Texas
Frank G Adams, PE* Interface Consulting International, Inc fgadams@interface-consulting.com
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Research | Future Leaders
LEGAL MARKET ANALYSIS | Future Leaders In this chapter, we identify 118 future leaders, selected for their skill and experience assisting domestic and international clients on a range of high-value construction matters.
PARTNERS Most highly regarded Julian Bailey
Eliane Fischer
James Pickavance
Scott Stiegler
Juan Pablo Stitchkin
Dennis Wong
White & Case LLP London
rothorn legal Ltd. Zurich
Vinson & Elkins RLLP London
Jones Day London
Carey Santiago
Cocking & Co Hong Kong
LEADING FIRMS White & Case
Julian Bailey stands out among peers due to his deep expertise in construction matters, with one source adding, “He is an intellectual leader in the field of construction law.” Daniel Garton is heralded as “a strong construction lawyer” with “amazing experience in arbitration” and “great advocacy skills”. Elizabeth Oger-Gross comes highly recommended as “a highly strategic lawyer with an outstanding construction practice”. Her “keen eye for details” is further celebrated. Clare Connellan is an extremely able partner who stands out for her expert handling of construction disputes across an array of jurisdictions.
Rebecca Shorter is renowned for her “comprehensive approach to all parts of a dispute” and “deep understanding of critical path and delay analysis, as well as construction law”.
Pinsent Masons
Alvin Ho earns plaudits for his “excellent knowledge of construction arbitration and ability to provide first-class services”. Sam Boyling is hailed as a superb lawyer for complex arbitration proceedings and the gamut of construction disputes. David Ulbrick garners widespread plaudits from peers impressed with his excellent construction dispute resolution practice.
Stacey Collins thrives in the construction sector due to his excellent commercial know-how and strong legal acumen. Arwyn Jones is highlighted as “the best among the up-and-coming talent in the sector”. He gains vast recommendations for his impressive construction advisory and dispute resolution practice. Charles Blamire-Brown is singled out among peers as “a remarkable younger lawyer and brilliant speaker”. One source adds, “He has substantial and well-founded knowledge of civil and common construction law”.
OTHER LEADING INDIVIDUALS Australia
Matthew Blycha of Ashurst has a stellar reputation in the market and is “a highly regarded construction lawyer” for energy clients. Ante Golem with Herbert Smith Freehills is a standout practitioner with “excellent understanding of the construction industry” and “consistent delivery of commercially focused solutions”.
Canada
Jesse Gardner of Singleton Urquhart Reynolds Vogel possesses “vast knowledge of contract and surety law” and is skilled in the art of “strategic thinking and positioning”. James Little possesses “a work ethic that is unmatched by any other lawyer", according
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to peers who herald him as “a consummate professional".
with “an outstanding reputation” and “good client management skills”.
Chile
Tom Duncan at Ashurst is “an astute lawyer” who brings deep experience and a sweeping knowledge of construction law and dispute-related issues.
Juan Pablo Stitchkin at Carey regularly advises foreign and domestic companies in mining and energy-related construction projects.
England
Scott Stiegler with Vinson & Elkins has “an amazing reputation” and “an excellent practice”, according to peers who herald him as “excellent and tough on the opposing side”. James Pickavance of Jones Day is “a highly experienced and astute construction lawyer”
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Finland
Antti Järvinen of Frontia Attorneys comes highly regarded as a well-versed practitioner in high-profile construction disputes.
France
Flore Poloni with Signature Litigation is a renowned construction lawyer with extensive experience acting as arbitrator and counsel in challenging disputes.
Future Leaders | Research
Germany
Tobias Faber of Hogan Lovells International possesses “impressive experience in international project and infrastructure developments”.
Hong Kong
Dennis Wong at Cocking & Co is “one of the best construction lawyers in Hong Kong, thanks to his deep knowledge and experience in construction disputes”. One source adds, “He’s great at understanding the complex technical details of the case”.
United Arab Emirates
Matthew Heywood with Mantle Law is “one of the best lawyers in the UAE, thanks to his top-quality construction practice”. Peers highlight his “rounded understanding of the key legal, construction and technical issues to-hand”.
Singapore
Chua Kee Loon at Allen & Gledhill impresses clients and peers alike with his marketleading expertise in commercial, as well as infrastructure disputes.
Spain
Ignacio Santabaya of Pérez-Llorca “has conducted some of the best questioning delivered by a lawyer on technical issues”, remark impressed peers.
Switzerland
Eliane Fischer at rothorn legal stands out among peers as “a brilliant counsel in complex construction disputes”, thanks to her “highly pragmatic and efficient approach”.
NON-PARTNERS Most highly regarded Katherine Bell
China Irwin
Schellenberg Wittmer Zurich
LALIVE Geneva
Rebecca Major
Jay Randhawa
White & Case LLP London
CMS Cameron McKenna Nabarro Olswang LLP London
LEADING FIRMS Atkin Chambers
Lucie Briggs possesses extensive experience in the construction industry, where she excels at domestic and international construction disputes and arbitration. Jennifer Jones is a go-to junior barrister, who focuses her prolific practice on the gamut of construction projects and energy disputes. Zulfikar Khayum is a widely respected lawyer, applauded for his experience in major construction disputes of a technically complex nature. Camille Slow garners widespread plaudits from peers, who highly regard her construction disputes and international arbitration practice. Felicity Dynes enjoys an excellent reputation assisting construction clients in bespoke and standardised contracts.
CMS
Clients endorse Yolanda Walker as “brilliant at working with our witnesses to draw out the important aspects of the case without stressing them out”. Her “diligent and deliberate approach” is further commended. Jay Randhawa is “an excellent lawyer, who always delivers up-to-date and pragmatic advice on complex construction matters”.
Tom Owen impresses clients and peers alike with his market-leading expertise in offshore construction and marine engineering disputes. Paul Bury has an excellent reputation among peers, who applaud his first-class commercial construction practice. He has a diverse range of domestic and international clients.
Keating Chambers
William Webb is a well-respected lawyer and is held in awe by peers for his deep expertise in PFI and construction disputes. Rachael O’Hagan is a top-rated individual in the construction space, due to her extensive experience in high-profile construction claims and international arbitrations.
OTHER LEADING INDIVIDUALS Australia
Nuala Simpson with 7 Wentworth Selborne Chambers is a well-known and well-respected figure in the market for her sterling practice in disruption, quantum and complex delay issues.
England
Rebecca Major of White & Case is a “highly skilled practitioner”, “an excellent strategist” and “a go-to construction lawyer.” Sophia Burton with Debevoise & Plimpton has a stellar reputation, report observers who express considerable praise of her incisive handling of construction dispute resolution.
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Lucy Frith at Clyde & Co is held in high esteem for her first-rate construction and engineering dispute resolution practice.
Germany
Laura Halonen of WAGNER Arbitration boasts over 15 years of industry experience in the energy, transport, construction and life
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Research | Future Leaders
sciences sectors. She is also highly skilled in complex arbitrations.
praise of his contract formation and negotiation practice.
is hailed as “one of the best construction lawyers of his generation.”
Hong Kong
Switzerland
China Irwin is highlighted as “an eloquent and highly skilled construction lawyer” with an excellent understanding of all aspects of construction law.
Calvin Cheuk with Des Voeux Chambers is “one of the top barristers specialised in construction in Hong Kong", with sources heralding his “ability to understand the details of a case quickly”.
Ireland
Jamie McGee of McCann FitzGerald is credited with an excellent international reputation by observers, who express considerable
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Katherine Bell at Schellenberg Wittmer has “extensive knowledge and experience in the field of construction arbitration”. Her “specific expertise in complex construction disputes” is further applauded. Tino Schneider with LALIVE “combines deep technical knowledge, superb strategic thinking and outstanding advocacy skills.” He possesses “a very sharp legal mind” and
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United Arab Emirates
Sadaff Habib with Beale & Company (Middle East) “is a very bright lawyer” who possesses “excellent knowledge of UAE laws, particularly construction law”.
PARTNERS Editorial policy and selection criteria Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Profiles | Future Leaders – Partners
Canada • Ontario
Jesse Gardner
Andrea Lee
James K. Little
Jesse Gardner is a partner in the construction and infrastructure practice group at Singleton Urquhart Reynolds Vogel LLP. Jesse advises a wide range of construction industry clients, including owners, general contractors, engineers and sureties in relation to major construction and infrastructure projects on issues such as delay and deficiency claims, fee disputes, and insurance matters. His practice focuses on effective dispute resolution, advisory work and strong written and oral advocacy. He has managed complex disputes on large-scale infrastructure projects including light rail train systems, wastewater treatment and power plants, wind farms, highway construction and mining projects. He has experience managing delay and subject matter experts through the litigation process and has assisted clients through arbitration and litigation proceedings. Jesse has appeared before the Ontario Court of Justice, the Ontario Superior Court of Justice, and the Ontario Court of Appeal as well as before various administrative boards and tribunals. Jesse currently represents clients in arbitrations in Ontario and Manitoba. Jesse aims to assist clients in resolving disputes efficiently and cost-effectively, although he is an aggressive advocate when attending court to secure results for his clients. Jesse has been recognised as a leading construction lawyer by Who’s Who Legal and Benchmark Canada. He was recently featured as a Lawyer to Watch by Lexpert®, and he was named in Benchmark Litigation’s 40 & Under Hot List.
Andrea Lee is certified as a specialist in construction law by the Law Society of Ontario. Andrea obtained her Bachelor of Architecture from the University of Toronto and a Bachelor of Law from Queen’s University. She has practiced exclusively in construction law since her call to the bar in 2006. She acts for owners, contractors, design professionals and insurers in a variety of proceedings including litigation and arbitration involving liens, trust claims, delay claims and professional negligence. Andrea regularly advises parties in the industry with respect to construction contracts and professional design agreements. Andrea teaches construction law at Queen's University and as part of Osgoode's LLM programme. She frequently speaks at legal and industry association events, writes on construction law topics and co-authored chapters focused on design professionals in Halsbury's Laws of Canada, Construction and Review of Construction Law: Recent Developments. Andrea has also co-edited Bidding and Tendering, What is the Law? (6th edition). Andrea has completed her LEED certification and RICS Diploma in construction adjudication. She is the 2020–2021 Chair of the Ontario Bar Association, Construction and Infrastructure Section Executive, and is an active Fellow of the Canadian College of Construction Lawyers (member of the Equity, Diversity and Inclusion Committee and Legal Education Committee). Andrea is also a board member of CanBIM and a member of the Royal Architectural Institute of Canada Practice Support Committee. Andrea is a mentor to young lawyers through the OBA mentorship program and the Federation of Asian Canadian Lawyers.
James Little is a partner in the construction and infrastructure practice group at Singleton Urquhart Reynolds Vogel LLP. He advises on domestic and international construction disputes, including court proceedings, negotiation, arbitration and other dispute resolution alternatives and for a wide variety of construction industry clients. In particular, James has advised clients of all sizes and on a variety of different types of projects including on major national and international infrastructure projects, mining projects, hospitals, commercial and residential construction. His focus is on providing a high level of service through effective and timely advice and advocacy while managing and resolving disputes. James is often called upon to advise on construction projects during the design and construction phase also provides ongoing advice in respect of dispute avoidance and claims management. James was part of the legal team advising the Ontario government in respect of the modernization of the Construction Act which resulted in the creation of a system of prompt payment and adjudication applicable in Ontario’s construction industry. James similarly provided advice to the government of Canada in respect of the introduction of its new prompt payment and adjudication legislation. James has been recognised as a leading construction lawyer by Best Lawyers, Who’s Who Legal and Benchmark Canada and was recently featured as a leading litigation lawyer in Benchmark Litigation’s 40 & Under Hot List.
150 King Street West Suite 2512, PO Box 24 Toronto, M5H 1J9 Tel: jgardner@singleton.com www.singleton.com
141 Adelaide St. W Suite 800 Toronto, M5H 3L5 Tel: +1 416 368 8280 216 andrealee@glaholt.com www.glaholt.com
150 King Street West Suite 2512, PO Box 24 Toronto, M5H 1J9 Tel: +1 416-585-8603 jlittle@singleton.com www.singleton.com
Peers and clients say: "Jesse has vast knowledge of contract and surety law" "He is a true strategic thinker" "He works very well with different client groups to secure the required facts and understand the big picture"
Peers and clients say: "Andrea is a sharpminded practitioner" "She quickly gets to the heart of the matter" "Ms Lee is well versed in construction disputes and communicates very effectively"
Peers and clients say: "He has a work ethic that is unmatched by any other lawyer I have worked with" "James is the consummate professional" "He possesses incredibly broad knowledge of construction and surety law in Canada"
Singleton Urquhart Reynolds Vogel LLP
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Glaholt Bowles LLP
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Singleton Urquhart Reynolds Vogel LLP
Future Leaders – Partners | Profiles
Sweden
Switzerland • Zurich
Michael Valo
Kristina Ljungström
Katherine Bell
Michael specialises in international construction arbitration, and has experience working for owners, contractors and engineers. His work focuses on large-scale infrastructure projects including pipelines; power generation and transmission; refineries; tunnelling; mining; and hospitals. Michael’s international arbitration experience includes disputes under ICC and UNCITRAL rules, as well as ad hoc rules. Michael has also advised clients in respect of disputes before project dispute resolution boards. Michael’s dispute practice relates to all manner of project delivery methods including design-build, design-bid-build, EPC and EPCM contracts, as well as public-private partnerships. Michael has extensive experience with claims for disruption, delay and prolongation, designer negligence, and construction deficiencies. Michael is a guest lecturer on construction law issues for the Osgoode Hall LLM programme; and on the construction law courses at the University of Toronto Faculty of Law and George Brown College in Toronto. Michael is a founding member of the Society of Construction Law North America, and a regional director of the SCL for Ontario. He is a co-editor of the IBA’s Construction Law International; has published on numerous current construction and international arbitration issues; and is co-author of a chapter in Review of Construction Law: Recent Developments (Toronto: Carswell, 2012) on the subject of building information modelling.
Kristina Ljungström is a partner of the disputes specialist law firm Norburg & Scherp, based in Stockholm, Sweden. Before joining the firm in 2018, she was an associate with a global law firm, working in the Stockholm and London offices and specialising in dispute resolution. Her practice focuses on arbitration and commercial litigation, and her experience includes disputes in a wide range of matters and industries, including competition; engineering and construction; energy; real estate; joint ventures; shareholder agreements; licence agreements; and sales contracts. Her experience covers domestic and international litigation as well as arbitration proceedings under various international rules, including those of the SCC, the ICC, SIAC and UNCITRAL, as well as ad hoc arbitration. She also serves as an arbitrator. Kristina Ljungström is also a frequent speaker at Swedish and international events and conferences in the field of dispute resolution and has been engaged as guest lecturer at Swedish universities, teaching mainly procedural and construction law.
Katherine Bell is a partner in Schellenberg Wittmer's dispute resolution group and heads the construction practice group in Zurich. Her main areas of practice are domestic and international commercial litigation and arbitration. She advises clients front-end to back-end on complex construction and infrastructure projects and specialises in the resolution of disputes arising out of complex construction, engineering and infrastructure projects as well as commercial tenancy and lease agreements across a variety of industries. She acts as counsel and arbitrator in arbitral proceedings, represents parties in litigation proceedings before Swiss courts, and assists clients in the drafting and negotiation of construction contracts. Examples of Katherine's expertise in construction matters include: representing a German party in ICC arbitration proceedings against an Eastern European party in a dispute under a series of supply and engineering contracts related to a metals processing plant; representing the Swiss subsidiary of an Austrian construction company in litigation proceedings before Swiss courts against a Swiss property developer in a dispute related to a turnkey contract for the construction of a business hotel; acting as sole arbitrator in an arbitration between an Austrian and a Turkish company in the field of hydropower technologies in a dispute related to the supply of electromechanical equipment; representing a multinational company in an ICC arbitration against a shipyard operator in a dispute over a contract regarding the delivery of technical equipment and representing both owners and contractors in proceedings related to the placement of contractor's liens on properties in Switzerland.
Glaholt Bowles LLP
141 Adelaide St. W Suite 800 Toronto, M5H 3L5 Tel: +1 416 368 8280 michaelvalo@glaholt.com www.glaholt.com
Peers and clients say: "Michael is a no-nonsense lawyer" "He is able to articulate complex construction issues in a way that is easy for the lay person to understand" "He has a bright future in the years to come"
Norburg & Scherp Advokatbyrå AB
Schellenberg Wittmer
Birger Jarlsgatan 15 Stockholm, SE 111 45 Tel: +46 8 551 066 69 kristina.ljungstrom@norburgscherp.se www.norburgscherp.se
Peers and clients say: "Kristina is an excellent litigator with a no-nonsense attitude" "She is hard working, fast and very thorough" "Kristina is an aspiring talent and a strong lawyer"
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Profiles | Future Leaders – Partners
Switzerland • Zurich
Katherine Bell (cont.)
Michael Cartier
In 2019-2021, Katherine was recognised by Who's Who Legal as a Future Leader in Construction as well as in Arbitration, highlighting her "skillful handling of complex construction disputes" and describing her as "brilliant counsel in the field of construction arbitration". Katherine regularly publishes in her areas of expertise and is a lecturer at the Swiss Educational Centre for Construction. Katherine is a member of the editorial board of Construction Law International (CLInt), the magazine of the IBA International Construction Projects Committee. She is a also member of several professional institutions, including ASA Below 40, YConstruction, the Society of Construction Law, ArbitralWomen, YIAG and DIS40.
Michael Cartier is partner at Walder Wyss. He has acted in more than 50 international arbitrations under Swiss Rules, ICC Rules, LCIA Rules, DIS Rules, FOSFA Rules and ad hoc proceedings as counsel, arbitrator and expert. His focus is disputes stemming from construction and engineering projects, distribution and agency agreements, pharmaceuticals, telecommunication, commodities and M&A transactions. He also has extensive experience in recognition and enforcement matters. He is listed on the panel of arbitrators of the ICC National Committee (Switzerland), of KCAB International and of the Asian International Arbitration Centre (AIAC). Michael regularly speaks and publishes in his field, and has recently contributed to the IPBA Guidelines on Privilege and Attorney Secrecy in International Arbitration, the Switzerland Chapter of Getting the Deal Through "Complex Commercial Litigation in Switzerland" and the publication Arbitration in Switzerland – The Practitioner’s Guide with a commentary on the enforcement and recognition of arbitral awards. He has spoken on the use of Legal Tech to increase efficiency in arbitration at the SCAI Innovation Conference, the use of Legal Tech in the selection of arbitrators for DIS40 in Zurich, and on the "Technology and International Arbitration, AI for IA?" at the IPBA Annual Conference in Manila. Michael studied law at the St Gall University (lic iur HSG 2001, Dr iur 2007). During his studies he spent a year in Japan studying Japanese and working for a Japanese trading company. He has been practising law in Zurich since 2004, prior to which he clerked with a Swiss district court and a Swiss department of energy, construction and environment. He has previously been the Chief Technology Officer of the Inter-Pacific Bar Association (IPBA) and currently heads up a working group of ASA on the use of IT in arbitration. Michael’s professional languages are English and German. He also speaks French and some Japanese. He is registered with the Zurich Bar Registry and admitted to practise throughout Switzerland.
Löwenstrasse 19 Zurich, 8021 Tel: +41 44 215 5252 katherine.bell@swlegal.ch www.swlegal.ch
Peers and clients say: "She has extensive knowledge and experience in the field of construction arbitration" "Katherine has specific expertise in complex construction disputes"
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Walder Wyss Ltd
With around 250 legal experts, Walder Wyss is one of the most successful and fastest growing Swiss commercial law firms, with offices in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. The firm specialises in corporate and commercial law, banking and finance, intellectual property and competition law, dispute resolution and tax law. Clients include national and international companies, publicly held corporations and family businesses as well as public law institutions and private clients.
Seefeldstrasse 123 PO Box Zurich, 8034 Tel: +41 58 658 55 09 michael.cartier@walderwyss.com www.walderwyss.com
Peers and clients say: "He is a very clever and sharp lawyer" "Michael is a household name in Switzerland for construction disputes"
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Future Leaders – Partners | Directory
United Arab Emirates
DIRECTORY An asterisk denotes practitioners who have profiles in the preceding pages. Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Cameron Cuffe Ashurst Dubai
Australia
Cameron is partner and head of dispute resolution in the Middle East at Ashurst LLP in Dubai and his practice focuses on international arbitration, engineering and construction. Cameron has been in the Middle East for over a decade and has extensive experience acting as counsel and advocate in numerous domestic and international arbitrations under the DIAC, LCIA-DIFC, ICC and LCIA arbitration rules as well as UNCITRAL ad-hoc arbitrations. In addition, Cameron has widespread experience representing clients in expert determinations, dispute adjudication boards, adjudications and mediations. Cameron’s cases have included complex engineering and construction related issues associated with rail, road, port and sports infrastructure projects, airports, process plants, oil and gas facilities, as well as power and water plants. For example, Cameron has represented a government authority in connection with an ICC arbitration involving a new build airport in the Middle East, a major international oil company in a US$ multi-million dollar LCIA arbitration concerning the defective and delayed construction of a petrochemical plant, and an employer in a dispute concerning defective works and design as well as delays associated with the construction of a desalination plant in the Middle East. Cameron is listed in all major legal directories as a future leader or up and coming partner, is a committee member of the society of construction law (Gulf), a greener arbitrations campaign MENA sub-committee member, publishes regularly and presents at client and industry events throughout the Middle East.
Level 5, Gate Precinct Building 3 Dubai, PO Box 119974 Tel: +971 4 365 2018 cameron.cuffe@ashurst.com www.ashurst.com
Peers and clients say: "Cameron always has extensive knowledge on the dispute and the manner in which the contractor is working" "He has the ability to quickly turn around advice that is concise and in a format that is presentable to senior management" "He is proactive in offering assistance and highlighting ways in which disputes may be resolved smoothly and efficiently"
Joseph Barbaro Corrs Chambers Westgarth joseph.barbaro@corrs.com.au Matthew Blycha Ashurst matthew.blycha@ashurst.com Emanuel Confos Norton Rose Fulbright Australia emanuel.confos@nortonrosefulbright.com Airlie Fox Corrs Chambers Westgarth airlie.fox@corrs.com.au Ante Golem Herbert Smith Freehills ante.golem@hsf.com Sian Newnham Herbert Smith Freehills LLP Sian.Newnham@hsf.com Brad Strahorn White & Case brad.strahorn@whitecase.com David Ulbrick Pinsent Masons LLP david.ulbrick@pinsentmasons.com Glen Warwick Clyde & Co Australia glen.warwick@clydeco.com
Austria
Constantin Benes Schoenherr Attorneys At Law c.benes@schoenherr.eu Anne-Karin Grill AKG ADVISORY akg@akg-advisory.at Patrizia Netal KNOETZL patrizia.netal@knoetzl.com
Bulgaria
Alexander Todorov Dimitrov Petrov & Co alexander.todorov@dpc.bg
Canada Ontario
Jason Annibale McMillan LLP jason.annibale@mcmillan.ca Jesse Gardner* Singleton Urquhart Reynolds Vogel LLP jgardner@singleton.com Andrea Lee* Glaholt Bowles LLP andrealee@glaholt.com
whoswholegal.com
James K. Little* Singleton Urquhart Reynolds Vogel LLP jlittle@singleton.com Hugh Meighen Borden Ladner Gervais LLP hmeighen@blg.com Michael Valo* Glaholt Bowles LLP michaelvalo@glaholt.com
Chile
Juan Ignacio León Lira Fleischmann & Román Abogados jileon@flycia.cl Juan Pablo Stitchkin Carey jpstitchkin@carey.cl Mónica van der Schraft Garrigues monica.vds@garrigues.com
China
Sam Boyling Pinsent Masons LLP sam.boyling@pinsentmasons.com
Denmark
Vivi Klink-Larsen Skau Reipurth & Partners vkl@skaureipurth.com
England
Julian Bailey White & Case LLP jbailey@whitecase.com Charles Blamire-Brown Pinsent Masons LLP charles.blamire-brown@pinsentmasons.com Stacey Collins Pinsent Masons LLP stacey.collins@pinsentmasons.com Clare Connellan White & Case LLP cconnellan@whitecase.com Nazir Dewji Bryan Cave Leighton Paisner LLP nazir.dewji@bclplaw.com Tom Duncan Ashurst LLP tom.duncan@ashurst.com Daniel Garton White & Case LLP dgarton@whitecase.com Francis Ho Penningtons Manches Cooper LLP francis.ho@penningtonslaw.com Arwyn Jones Pinsent Masons LLP arwyn.jones@pinsentmasons.com Kevin Joyce Pinsent Masons LLP Kevin.m.joyce@pinsentmasons.com Rupa Lakha Charles Russell Speechlys LLP rupa.lakha@crsblaw.com James Pickavance Jones Day jpickavance@jonesday.com Nick Pinder Eversheds Sutherland nickpinder@eversheds-sutherland.com Simon Ramsden Norton Rose Fulbright simon.ramsden@nortonrosefulbright.com
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Directory | Future Leaders – Partners
Rebecca Shorter White & Case LLP rshorter@whitecase.com Paul Slinger Wright Hassall LLP paul.slinger@wrighthassall.co.uk Scott Stiegler Vinson & Elkins RLLP sstiegler@velaw.com Matthew Taylor CMS Cameron McKenna Nabarro Olswang LLP Matthew.Taylor@cms-cmno.com
Finland
Antti Järvinen Frontia Attorneys Ltd antti.jarvinen@frontia.fi Ville Laine Properta Attorneys Ltd ville.laine@properta.fi Jussi Liisanantti Socrates jussi.liisanantti@socrates.fi Mikko Rajala Bird & Bird Attorneys Ltd mikko.rajala@twobirds.com
France
Valentine Chessa MGC Arbitration vchessa@mgc-arbitration.com Marina Matousekova CastaldiPartners mmatousekova@castaldipartners.com Elizabeth Oger-Gross White & Case LLP elizabeth.oger-gross@whitecase.com Flore Poloni Signature Litigation AARPI flore.poloni@signaturelitigation.com
Germany
Tobias Faber Hogan Lovells International LLP tobias.faber@hoganlovells.com Thomas Günther AGS Legal t.guenther@ags-legal.com Nicolai Ritter CMS Hasche Sigle nicolai.ritter@cms-hs.com
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Hong Kong
Venna Cheng Mayer Brown Venna.cheng@mayerbrown.com Alvin Ho Pinsent Masons alvin.ho@pinsentmasons.com Dennis Wong Cocking & Co dennis.wong@cockingco.com
India
Vikas Mahendra Keystone Partners vikas.mahendra@keystone.law
Japan
David Gilmore Herbert Smith Freehills GJBJ david.gilmore@hsf.com
Malaysia
Joon Liang Foo Gan Partnership joonliang@ganlaw.my
Netherlands
David van Ee NautaDutilh NV david.vanee@nautadutilh.com
Romania
Dan Gorcea Baier & Gorcea dan.gorcea@baier-gorcea.ro Silvia Opris Radu Opris silvia@raduopris.ro
Singapore
Chua Kee Loon Allen & Gledhill LLP chua.keeloon@allenandgledhill.com Avinash Pradhan Rajah & Tann Singapore LLP avinash.pradhan@rajahtann.com
Spain
Ignacio Santabaya Pérez-Llorca isantabaya@perezllorca.com
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Sweden
Kristina Ljungström* Norburg & Scherp Advokatbyrå AB kristina.ljungstrom@norburgscherp.se Martin Rifall Hannes Snellman Attorneys Ltd martin.rifall@hannessnellman.com
Switzerland Zurich
Katherine Bell* Schellenberg Wittmer katherine.bell@swlegal.ch Michael Cartier* Walder Wyss Ltd michael.cartier@walderwyss.com Eliane Fischer rothorn legal Ltd. eliane.fischer@rothorn.legal
Ukraine
Oleg Boichuk Asters oleg.boichuk@asterslaw.com
United Arab Emirates Cameron Cuffe* Ashurst Dubai cameron.cuffe@ashurst.com Matthew Heywood Mantle Law Matthew.heywood@mantlelaw.com
USA
Minnesota
Mark R Becker Fabyanske Westra Hart & Thomson PA mbecker@fwhtlaw.com David Suchar Maslon LLP david.suchar@maslon.com
New York
Denis Serkin Peckar & Abramson PC dserkin@pecklaw.com
Texas
Jon Paul Hoelscher Bradley Arant Boult Cummings LLP jhoelscher@bradley.com
NON-PARTNERS Editorial policy and selection criteria Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Profiles | Future Leaders – Non-Partners
Hong Kong
DIRECTORY An asterisk denotes practitioners who have profiles in the preceding pages. Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Calvin Cheuk
Des Voeux Chambers Calvin is a specialist in construction and arbitration disputes. He holds first-class honours degrees in both architecture and law. He has appeared in numerous disputes relating to large infrastructure and construction projects in Hong Kong, Macau, the Mainland China and overseas, including cross-harbour tunnel, casinos, coal mines, commercial complex, hotels and residential properties. Calvin’s recent prominent cases include a USD300M negligence claim in relation to a chemical plant in Saudi Arabia, a final account claim in relation to a casino in Macau, a final account claim in relation to a major cultural project in Hong Kong. From 2018 to 2021, he represented the Commission of Inquiry investigating into the structural safety of the construction work at the Hung Hom Railway Station, which is part of Shatin-Central Link, one of the most expensive railway lines ever built in Hong Kong. In addition to his private practice, Calvin has been a speaker in various seminars on construction/arbitration law topics. He is the former Chairman of the Society of Construction Law Hong Kong former Consultant and a former Editor of the Hong Kong Law Reports and Digest. Calvin was appointed as the Deputy District Judge in 2018 and 2021. He also regularly sits as arbitrator.
38/F Gloucester Tower The Landmark Hong Kong Tel: +8 52 2526 3071 calvincheuk@dvc.com.hk www.dvc.hk
Peers and clients say: "Calvin is one of the top barristers specialised in construction in Hong Kong" "He understands the details of a case quickly" "Not many counsel in Hong Kong have an architectural degree under their belt like Calvin" 154
Australia
Lucy Goldsmith Corrs Chambers Westgarth lgoldsmith@corrs.com.au Phillip I Joseph Hanna Vision Infrastructure info@visioninfra.com.au Mark Sheldon 7 Wentworth Selborne Chambers mes@7thfloor.com.au Nuala Simpson 7 Wentworth Selborne Chambers nsimpson@7thfloor.com.au
Brazil
Thais Fernandes Chebatt Pinheiro Neto Advogados tchebatt@pn.com.br Caio Gabra Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados caio.gabra@mattosfilho.com.br
Bulgaria
Pavlina Ivanova Dimitrov Petrov & Co pavlina.ivanova@dpc.bg
England
Lucie Briggs Atkin Chambers lbriggs@atkinchambers.com Sheena Bryson Pinsent Masons LLP sheena.bryson@pinsentmasons.com Sophia Burton Debevoise & Plimpton LLP sburton@debevoise.com Paul Bury Keating Chambers pbury@keatingchambers.com Thomas Crangle 4 Pump Court tcrangle@4pumpcourt.com Michele De Gregorio Crown Office Chambers degregorio@crownofficechambers.com Felicity Dynes Atkin Chambers fdynes@atkinchambers.com Lucy Frith Clyde & Co LLP lucy.frith@clydeco.com Jennifer Jones Atkin Chambers jjones@atkinchambers.com
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Zulfikar Khayum Atkin Chambers zkhayum@atkinchambers.com Kate Livesey 4 Pump Court klivesey@4pumpcourt.com Rebecca Major White & Case LLP rebecca.major@whitecase.com Rachael O'Hagan Keating Chambers rohagan@keatingchambers.com Tom Owen Keating Chambers towen@keatingchambers.com Sanjay Patel 4 Pump Court spatel@4pumpcourt.com Jay Randhawa CMS Cameron McKenna Nabarro Olswang LLP jay.randhawa@cms-cmno.com Camille Slow Atkin Chambers cslow@atkinchambers.com Yolanda Walker CMS Cameron McKenna Nabarro Olswang LLP yolanda.walker@cms-cmno.com William Webb Keating Chambers wwebb@keatingchambers.com Crispin Winser QC Crown Office Chambers winser@crownofficechambers.com
France
Dimitar Kondev White & Case LLP dkondev@whitecase.com
Germany
Laura Halonen WAGNER Arbitration lh@wagner-arbitration.com
Hong Kong
Calvin Cheuk* Des Voeux Chambers calvincheuk@dvc.com.hk Mohammed Talib Pinsent Masons mohammed.talib@pinsentmasons.com
Ireland
Jamie McGee McCann FitzGerald jamie.mcgee@mccannfitzgerald.com
Italy
Antonio Musella Studio Legale Castaldo amusella@castaldipartners.com
Netherlands
Susanne van de Pest Van der Feltz advocaten vandepest@feltz.nl
Scotland
Scott Manson Axiom Advocates scott.manson@axiomadvocates.com Laura West CMS Cameron McKenna Nabarro Olswang LLP laura.west@cms-cmno.com
Future Leaders – Non-Partners | Directory
Switzerland Geneva
China Irwin LALIVE cirwin@lalive.law
Zurich
Katherine Bell Schellenberg Wittmer katherine.bell@swlegal.ch
Tino Schneider LALIVE tschneider@lalive.law
United Arab Emirates Faisal Attia Pinsent Masons LLP faisal.attia@pinsentmasons.com
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Sadaff Habib Beale & Company (Middle East) s.habib@beale-law.com Courtney Rothery CMS courtney.rothery@cms-cmno.com
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EXPERT WITNESSES Editorial policy and selection criteria Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Research | Expert Witnesses – Future Leaders
LEGAL MARKETPLACE ANALYSIS | Expert Witnesses – Future Leaders This year’s research identifies 41 prominent future leaders in the construction sector who stand out for their excellence across a wide range of matters, including quantum and delay analysis and providing expert testimony.
LEADING INDIVIDUALS Canada
Ali Al-Ahmad from FTI Consulting “leaves no stone unturned in his analysis" of delay and disruption to large-scale construction projects. Sources enthuse that he “always has a creative approach to the problems confronting him”.
England
Kroll’s Mark Coghlan is “excellent at managing all parties and collaborating with other experts” when handling quantum disputes and impresses sources with “his willingness to go the extra mile to meet deadlines”. Constance Beauchamps is an “up-andcoming delay expert” specialising in programming and project management, whose practice spans Europe and the Middle East. Lance Crane of LC Consult impresses sources with his “ability to distil complex issues from a vast amount of documents into easily digestible points" as well as his “strong technical knowledge and expertise”. Secretariat’s Mark Vaughan-Jones possesses an “in-depth understanding of the sequencing and practicalities of work trades on a construction site" and “provides sound technical advice throughout his appointment”.
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Tosh Masson is widely endorsed as “a rising star” thanks to his “outstanding attention to detail” and “methodological approach to solving problems”. At FTI Consulting, Manoj Bahl is an “exceptionally diligent and effective planning expert" who is recognised as “excellent both in his written presentation and under cross-examination”.
South Africa
Timothy Harwin at HKA is “meticulous, independent and an excellent forensic programmer”. Market respondents further hail him as “the best delay expert we have worked with”.
Spain
Alberto Rábano of KPMG Asesores earns endorsements as “a real expert with proven experience in international arbitrations”. Market sources describe him as “brilliant at going into the detail of the analysis”.
United Arab Emirates
Emelyn Martinez from Qualis garners strong praise as “a very impressive delay expert” and “an up-and-coming talent” who “performs significantly beyond her level of experience”. Daniel Jackson with HKA “grasps the wider context of matters at a quick pace” and
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“brings flexibility in finding solutions” to contentious claims. At Kroll, Ian Greenhough is singled out by peers as “a rising star” in the UAE market who “performs strongly under cross-examination”.
USA
HKA’s Edward Federico enjoys a fantastic reputation in the market as “a consummate professional" who “takes pride in his work product, is passionate about helping his clients and has genuine interest in the subject matter”. Dan Feinblum is a market-leading quantum and delay expert with years of industry experience who is “effective at finding any potential holes in his opinion and patching them in advance of deposition”. At Secretariat, Maria Petrov has over 25 years’ experience in project consulting and is lauded by market sources as “extremely well organised, with the ability to analyse complex design and construction issues”. Chris Brindisi is renowned as “a strong scheduling expert” who is “technically one of the most astute delay analysts around”. He is able to “synthesise complex issues to effectively communicate the primary points”.
Expert Witnesses - Future Leaders | Profiles
Canada • Ontario
England
Ali Al-Ahmad
Manoj Bahl
Ali Al-Ahmad is a senior managing director at FTI Consulting based in Toronto, Canada. As a member of the Construction Solutions practice, he specialises in evaluating delays and damages on largescale projects. Mr Al-Ahmad has been retained as an expert in litigation and arbitration proceedings. His experience has spanned a variety of construction projects, ranging in scale from CAD$10 million to $12 billion, including highways, bridges, light rail transit, hospitals, airports, mines, oil refineries and hydroelectric generating stations. His clients include contractors, subcontractors, suppliers, public and private developers and law firms. Prior to joining FTI Consulting, Mr Al-Ahmad spent eight years at a boutique firm offering dispute resolution services to the Canadian construction industry. He has delivered presentations on delay analysis techniques at industry association conferences. Other speaking engagements include serving as a panellist on improving the communication and relationship between subject matter experts and lawyers. Mr Al-Ahmad earned a Bachelor of Civil Engineering with a specialisation in civil infrastructure from Concordia University and a Master of Business Administration with a concentration in finance from McGill University. He is a professional engineer in the provinces of Ontario and Quebec and is certified as a Project Management Professional by the Project Management Institute. He is fluent in English and French.
Manoj Bahl is a senior managing director in the construction solutions practice of FTI Consulting. He is an accredited expert witness and specialises in planning and programming matters associated with delay and disruption disputes. He is a member of the Institution of Civil Engineering, the Chartered Institute of Building, the Chartered Institute of Arbitrators and the Academy of Experts. He has 20 years’ experience in consulting, contracting, claims/disputes and expert witness matters. He also holds masters' degrees in civil and building engineering and construction law and dispute resolution. Manoj is skilled in establishing, maintaining and reviewing construction programmes and project control structures, having worked on complex, high-value civil engineering and building projects in the UK and internationally. His industry experience includes the private and public sectors, and involvement in several PPP/ PFI schemes. These projects have included residential/leisure/commercial building (new build, refurbishment, super-prime fit-out, hotels, healthcare, data centres and M&E), infrastructure (rail, airports, power, utilities and highways) and offshore (deep sea pipelines and sub-surface apparatus). As a forensic planning and delay specialist he is experienced in all prospective and retrospective critical path analysis techniques, and the production of supporting tablature and written reports as part of an expert submission. He has been instructed as delay expert on a number of occasions, with experience in producing written reports, joint statements and under cross-examination in litigation, ICC arbitration and adjudication proceedings.
FTI Consulting
FTI Consulting
TD South Tower 79 Wellington Street West Suite 2010 Toronto, M5K 1G8 Tel: +1 416 649 8049 ali.al-ahmad@fticonsulting.com www.fticonsulting.com
Peers and clients say: "Ali leaves no stone unturned in his analysis" "He has very strong presentation skills and writes extremely well" "He always has a creative approach to the problems confronting him"
Manoj is also regularly retained on live construction projects to advise a range of parties – by subcontractors/contractors to prepare extension of time submissions, and by clients to assess the validity of time claims received or for the levying of damages.
200 Aldersgate Aldersgate Street London, EC1A 4HD Tel: +44 20 3727 1000 manoj.bahl@fticonsulting.com www.fticonsulting.com
Peers and clients say: "Manoj is an exceptionally diligent and effective planning expert" "He is excellent both in his written presentation and under cross-examination"
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Profiles | Expert Witnesses - Future Leaders
England
Constance Beauchamps
Mehmet Bircan
Mark Coghlan
Constance Beauchamps is a senior director in the Expert Services practice, based in the London office. She is a civil engineer with over 10 years of experience in the construction and engineering industry. She specialises in programming and project management, providing delay analysis support to experts in the preparation and production of export reports and providing strategic project advisory services to clients. Constance has been involved in large projects worldwide whereby she has been leading teams delivering services in the fields of delay analysis. Prior to joining Kroll, Constance was a director at Blackrock Expert Services, which was acquired by Kroll in 2020. Constance has undertaken infrastructure master planning, design works and project management on a wide range of major projects throughout Europe and the Middle East, including buildings, civil infrastructure, nuclear, roads, residential, telecommunications, utilities and wastewater treatment facilities. Constance holds a master’s degree in civil engineering from École Nationale d’Ingénieurs de Saint Étienne. She is fluent in French and English.
Mehmet Bircan, senior director at Kroll, is a civil engineer who specialises in forensic construction programming and delay analysis with over 15 years of experience in the construction industry. Mehmet has practiced forensic delay analysis and assessed programming, delay, and disruption matters on a wide range of projects including major hospitals, laboratories, office and residential buildings, motorway, and airports in the Middle East, Australia, and the UK. Mehmet is regularly appointed as the delay expert in construction disputes including a complex health care facility and a multi-storey student accommodation project in the UK, and he has served multiple reports during adjudication proceedings. He has also prepared expert reports and given oral evidence as part of several adjudications for a complex medical laboratory project. Previously, Mehmet gained extensive experience by taking part in international roads, infrastructure and renewable energy projects including on-site working experience. His experience includes various aspects of a project cycle from initiation to completion through tendering, procurement, claims and contract management, and dispute resolution. While gaining the above experience, Mehmet took on a variety of key roles. These roles included serving as proposals manager, technical office and procurement engineer, feasibility analyst, and arbitration team member assisting legal counsels and delay experts for international arbitration cases. Mehmet holds MSc degrees in Construction Management from University of Reading and in Geotechnical Engineering from Middle East Technical University. He also holds a Minor Degree in Geographical Information Systems and Remote Sensing (GIS/RS). He is fluent in both Turkish and English.
Mark Coghlan, senior director at Kroll, is a chartered quantity surveyor with 30 years’ experience of working on a wide range of projects both in the UK and internationally. Mark has been appointed as a quantum expert and has assisted with the preparation of expert reports on several large international disputes. Mark has extensive experience of dealing with construction claims and their quantification including matters such as termination, loss and expense, variation entitlement, and valuation matters under various forms of contract. Mark is a Fellow of the Royal Institution of Chartered Surveyors, the Chartered Institute of Arbitrators and the Chartered Institute of Building and has an MSc in Construction Law and Dispute Resolution from King’s College, London.
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 mehmet.bircan@kroll.com www.kroll.com
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 20 7836 0158 mark.coghlan@kroll.com www.kroll.com
Peers and clients say: "Mehmet has a strong eye for detail and is able to simplify complex technical issues" "He has an excellent understanding of delay analysis"
Peers and clients say: "I was impressed with his willingness to go the extra mile to meet deadlines" "Mark is excellent at managing all parties and collaborating with other experts"
Kroll
The Shard 32 London Bridge Street London, SE1 9SG Tel: +44 (0)20 7836 0158 constance.beauchamps@kroll.com www.kroll.com
Peers and clients say:“She is excellent at handling big data” “She is highly intelligent” “Her analysis is fantastic”
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Kroll
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Kroll
Expert Witnesses - Future Leaders | Profiles
Lance Crane
Tom Francis
LC Consult
Lance specialises in forensic delay analysis and is known for his pragmatic and proportionate approach. He takes pride in finding an amicable solution due to his keen eye for detail, while simultaneously being able to articulate complex programming cases rooted with a common-sense perspective, of which derives from his in-depth core abilities in project management and project controls. He has 19 years’ experience, of which he has acted as an independent expert witness on several major projects; has given expert testimony to former Queen's counsel on delay matters, and has prepared independent forensic analysis for use in mediation, adjudication and arbitration during the past eight years. Lance has been employed in senior positions both in contracting and consulting organisations, providing planning and delay analysis services to a diverse plethora of clients. Having gained a sound background in the construction process working for well-known UK contractors, Lance has since developed his consultancy experience with market leading consulting firms internationally. He has held a director’s position since 2016 and has experience in Europe, the Middle East, Africa, the Far East, and Australia. He has held senior planning roles for live projects valued up to £18 billion, and in disputes of up to £1 billion. Lance has provided alternative dispute resolution advisory services to a multitude of sectors, including airports, commercial and residential developments, infrastructure, railway fitout and stations, land reclamation, as well as oil and gas.
Ankura Further to being instructed as a testifying expert witness, Lance has led teams of consultants on several major claims, which have resulted in significant cost savings for his clients.
27 Old Gloucester Street London, WC1N 3AX Tel: +44 20 3987 5287 lance@lcraneconsult.com www.l-c-consult.com
Peers and clients say: "Lance has the ability to distil complex issues from a vast amount of documents into easily digestible points that can be understood" "He has strong technical knowledge and expertise, and is persuasive" "He has a great writing style and always produces documents on time"
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Tom Francis is a managing director at Ankura based in London. He has over 22 years of experience in project planning and delay analysis. Tom has worked for both contractors and clients on major infrastructure projects and disputes in the UK, Europe, and Middle East. Tom developed his technical skills as a site engineer. He has worked across the process, building, and civil engineering sectors in both a project planning and expert witness capacity. Tom has worked with leading legal teams in negotiation, adjudication, arbitration, and litigation proceedings. Tom's building experience includes: delay expert to a multi-party dispute related to a complex refurbishment in the Technology and Construction Court (TCC); delay expert for the employer of a high-rise cladding refurbishment project for a £10 million extension of time and liquidated damages counter claim; delay expert for the employer in relation to a £7 million school project extension of time and liquidated damages counterclaim; delay expert for the employer of a residential project in relation to an extension of time and liquidated damages £10 million counter claim; delay expert for the employer relating to a professional £2.5 million negligence claim against a structural engineer in an office development project; delay expert for the contractor relating to a hotel refurbishment dispute of £17; and delay expert for the contractor on a hotel project relating to a £8 million extension of time and delays, upstream and downstream dispute. Tom’s infrastructure experience includes: delay expert for the employer of a highway project relating to extension of time claims worth £7 million; appointed delay expert relating to a professional negligence claim against a structural engineer in a water treatment plant; delay expert appointed by the contractor relating to extension to the completion date associated with a series of compensation events on a gas pipeline; a delay analyst for the contractor on a subsea gas line dispute worth €50 million; and delay expert appointment by the contractor on a £4 million delay dispute relating to a floating roof storage tank.
Continued overleaf
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Profiles | Expert Witnesses - Future Leaders
England
Tom Francis (cont.)
John Jones
In addition to his delay experience, Tom has worked in a project planning / project controls capacity on major infrastructure projects including a pharmaceutical site in Belgium, airports in England and Ireland, as well as a stadium in England.
John is a chartered quantity surveyor with over 20 years of construction and engineering industry experience. He has a background of working for both subcontractors and main contractors and has acted as independent quantum expert on over 35 occasions, and has experience of being cross-examined in formal proceedings. John's industry experience includes major civil engineering and highway works, rail infrastructure projects, oil and gas, industrial and process plants, health facilities and power generation projects. He has managed commercial teams on large-scale projects and has a wide breadth of contractual experience ranging from FIDIC, GC/Works, ICE, IChemE, JCT and NEC3/4 to various bespoke PFI and PPP forms. John specialises in final account preparation, claims management, dispute avoidance and dispute resolution. He is regularly appointed to prepare or independently assess claims for disruption and prolongation. John has significant experience in the preparation of expert reports and has been engaged as single and joint party-appointed expert by instructing solicitors to produce expert witness reports on quantum matters in UK litigation, arbitration and adjudication. He is a practising member of the Academy of Experts, a fellow of the Royal Institution of Chartered Surveyors and a member of the Chartered Institute of Arbitrators. He holds a Master of Laws degree (LLM) in construction law and an Edexcel Advanced Professional Award in Expert Witness Evidence.
HKA
6160 Knights Court Solihull Parkway Birmingham Business Park Birmingham, B37 7WY Tel: +44 121 717 5770 johnjones@hka.com www.hka.com
55 Bishopsgate 2nd Floor London, EC2N 3AS Tel: +44 20 3047 1204 tom.francis@ankura.com www.ankura.com
Peers and clients say: "Tom is excellent at drafting clear and concise reports for use in litigation" "He is extremely client friendly"
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John is highly regarded by his clients, one of whom refers to his ability as being "significantly beyond his age”, adding: “He always approaches his work calmly, with maturity and confidence, without being arrogant or pompous. I consider this differentiates him from many other experts. I personally have not instructed any other expert consistently in the way I instruct John."
Peers and clients say: "John handles complex construction disputes excellently" "He is very measured and realistic regarding the outcome" "He is clear and analytical with regard to disputes"
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Expert Witnesses - Future Leaders | Profiles
Tosh Masson
Michael Pogue
Joseph Stewart
Tosh Masson is a director with Secretariat and is based in London, United Kingdom. He is a testifying expert for engineering and construction projects, specialising in forensic delay analysis and disputes arising from project delays. His experience extends across the full spectrum of dispute resolution processes, including claim preparation, independent expert evaluation, mediation, litigation, and arbitration. Tosh has been appointed as an independent delay expert and given expert testimony in international arbitrations. His portfolio of experience includes high-profile and high-value projects internationally for a diverse client and stakeholder base. His knowledge and experience span many sectors including residential, commercial, healthcare, education, waste management, water treatment, pipelines, aviation, high rises, ports, power, and oil and gas projects. His expert work focuses on cause-and-effect analysis using factual evidence to present independent investigations in a clear and succinct manner to ensure that complex issues are comprehensible to both technical and non-technical professionals. His overall experience has provided him with a strong technical knowledge of engineering and construction projects, familiarity with different forms of contracts, the ability to provide strategic commercial support on the risks of pursuing or defending delay claims, and the expertise to address matters in dispute as part of the dispute resolution process. Prior to working in the construction industry, Tosh played professional rugby union for Harlequins for six years, making 47 first team appearances playing alongside and against international rugby greats.
Michael Pogue is a director with Secretariat based in London, United Kingdom. He is a Fellow of the Royal Institution of Chartered Surveyors (FRICS), a Member of the Chartered Institute of Arbitrators (MCIArb) and specialises in providing quantum/ quantity surveying expert services on construction and engineering-related disputes. He is highly skilled in providing analysis and opinion on all types of construction claims such as change/variation of scope, prolongation, acceleration, disruption and other indirect cost claims including loss of overhead and/or profit and finance charges. Michael has been appointed as a quantum expert on numerous occasions and his written evidence and analysis has recently been described as the “gold standard” by his instructing lawyers. Michael is also a qualified barrister which provides him with a deeper understanding of evidential and procedural aspects when providing expert opinion in international arbitration and commercial litigation.
Joseph is a chartered quantity surveyor experienced in the procurement and commercial management of construction contracts. He is a director within Arcadis and supports their clients in helping to avoid, mitigate and resolve construction disputes. During his career, Joseph has gained experience working in commercial and contract management positions within both consultancy and contractor organisations. His sector experience spans residential, retail, mixed-use, hotel, health, international aviation, land remediation, highways, bridges, oil & gas, energy from waste and conveyance pipelines. The knowledge gained from this experience provides Joseph with a broad understanding of construction and engineering operations, enabling Joseph to provide targeted advice tailored to his clients’ specific needs. More recently, Joseph has specialised in the provision of commercial advice relating to construction disputes. This involves assisting his clients in negotiating complex commercial matters, compiling claims and preparing/settling final accounts. Joseph is also frequently appointed as an independent quantum expert and provides his clients and tribunals clear, unbiased advice regarding the valuation of construction and engineering advice. He has been instructed to provide reports in relation to mediation, adjudication and litigation proceedings. Joseph is also regularly involved in international arbitration proceedings during which he has considered the valuation of multi-billion-dollar claims.
16-18 Monument Street 2nd Floor London, EC3R 8AJ Tel: +44 20 3751 9430 tmasson@secretariat-intl.com www.secretariat-intl.com
Providian House 2nd Floor 16-18 Monument Street London, EC3R 8AJ Tel: +44 203 751 9430 mpogue@secretariat-intl.com www.secretariat-intl.com
80 Fenchurch Street London, EC3M 4BY Tel: +44 7818 526 004 joseph.stewart@arcadis.com www.arcadis.com
Peers and clients say: "Michael is extremely thorough in his approach" "He sees beyond the instructions given and raises matters of importance that he comes across" "He is approachable, knowledgeable and an asset in the context of ongoing litigation"
Peers and clients say: "Joseph is able to work independently, promptly and provide helpful analyses" "His knowledge of the construction setting is invaluable" "He works well as part of a broad multidisciplinary team"
Secretariat
Peers and clients say: "Tosh is a rising star for sure" "His attention to detail is outstanding" "Mr Masson's methodological approach to solving problems is very impressive"
Secretariat
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Profiles | Expert Witnesses - Future Leaders
England
Singapore
Mark Vaughan-Jones
Adrian Kong
Sharon McGahey
Mark Vaughan-Jones is a director at Secretariat, based in the United Kingdom. Mark has 20 years of experience in the construction industry and specialises in providing delay analysis in helping to resolve complex construction disputes. He has provided delay analysis in the United Kingdom, Europe and Middle East for both employers and contractors on projects in a variety of sectors, including nuclear, oil and gas, highways, airports (terminal buildings and runways), wastewater, power and chemical plants. Mark has worked on some notable and high value disputes in adjudication, litigation and arbitration. His expertise in establishing fact-based claims analysis and forensic examination is well regarded by construction lawyers and clients and his dual-knowledge of programming and quantum (having previously been a chartered quantity surveyor) matters proves very useful to clients in certain instances.
Adrian has over 18 years of experience in the oil & gas and construction industries, spanning across time and cost related issues. He has in-depth exposure to a wide range of projects including oil & gas offshore construction, refineries and petrochemical plants, theme park, hotel & resort, cable tunneling, commercial buildings, private and public housing as well as mass rapid transit. He has successfully assisted clients in developing and defending contractual claims. Adrian worked for some major offshore projects where he was assigned to a number of positions within the projects which included Planning Engineer, Project Engineer, Offshore Construction Engineer and Offshore Construction Manager. He is well versed with project management, construction management, project controls and procedures. Adrian’s prior experience also extends to analysing projects on key risks and gaps against industry Best Practices. In addition, he also carried out post-project reviews to examine both key success factors and reasons for failures in the project systems and executive strategies. Adrian analysed cost and schedule targets using benchmarks developed through statistical models to improve capital project performance. His experience spans from projects across the Asia Pacific, South Asia and Europe. Adrian is particularly experienced in construction delay analysis and time related claims. He has been appointed as delay expert for disputes over project delays, Extension of Time and Liquidated Damages, and has provided oral evidence in arbitration and court proceedings. In addition, he provides support and advises clients on strategies involving contractual disputes, including claims under the Singapore Security of Payment Act.
Sharon is a managing director in the Singapore office of Kroll. She is a delay expert with over 22 years of experience in the construction industry. She has significant experience in the analysis of delays in construction and has provided expert advice on a wide range of disputes involving issues of delay, disruption, acceleration and project manager performance. She has been involved in some of the largest and complex disputes around the world. Sharon’s experience has been gained from working with owners, engineers and contractors in a variety of construction fields including healthcare, utility services (power, water, oil, gas), transportation (airports, roads, rail), mixed-use commercial, hospitality and residential developments. She has been instructed as an independent expert giving both written and oral evidence on matters of programming and project delay on construction disputes in arbitration and adjudication. Sharon holds a BSc (Hons) in Design and Construction Management from the University of Greenwich, London.
1310 Solihull Parkway Birmingham Business Park Birmingham, B37 7YB Tel: +44 121 635 5046 mvaughan-jones@secretariat-intl.com www.secretariat-intl.com
18 Cross Street #09-04 Cross Street Exchange Singapore, 048423 Tel: +65 (0) 6226 4317 adrian.kong@diales.com www.diales.com
Peers and clients say: "Mark has an in-depth understanding of the sequencing and practicalities of work trades on a construction site" "He provides sound technical advice throughout his appointment" "He is readily available to answer queries and is very keen to assist whenever required"
Peers and clients say: "Adrian is a star of the future" "He is able to think outside of the box"
Secretariat
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Diales Expert Witness Services
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Kroll
10 Collyer Quay Ocean Financial Centre #05-04/05 Singapore, 049315 Tel: +65 6589 9006 sharon.mcgahey@kroll.com
Peers and clients say: "Sharon is excellent on detail and uncompromising in her forensic approach to producing an opinion" "She has high technical ability and is very hard working" "Her reports are formidable and difficult for other experts to legitimately take issue with"
Expert Witnesses - Future Leaders | Profiles
South Africa
Andrei Soltan
Timothy Harwin
Berkeley Research Group Andrei is an engineer with almost 12 years of construction and civil engineering experience. He has been appointed as a delay expert and has acted as lead assistant to the named expert on 11 occasions. Andrei specialises in a wide range of analysis techniques including time impact, impacted as-planned, as-planned versus as-built and retrospective longest path. He provides clarity and focus for clients in the identification of periods of critical and near critical delay on the projects and the potential causes of those delays. Andrei has supported clients for projects with values up to US$1.3 billion and disputed values in excess of US$250 million. Andrei has been cross-examined in the International Chamber of Commerce (ICC) International Court of Arbitration, including giving concurrent evidence (hot tubbing). He also assists in the production of expert reports and delay analysis for varied disputes and is experienced in presenting to adjudication proceedings. Andrei is a practising member of The Academy of Experts, member of the Association for the Advancement of Cost Engineering (AACE International) and the Society of Construction Law. He holds a five-year diploma (master's degree equivalent) in engineering and management of technological systems. Andrei has also completed an advanced professional award in expert witness evidence (LETAPAEWE), accredited by Legal Experience Training, UK.
HKA Andrei has a background in quality management and health and safety; including expertise in management systems and compliance with design supervision and execution of works contracts. He has worked as a planner and delay analyst for both contracting and consulting companies on projects ranging from infrastructure and industrial to technology and residential buildings and energy projects.
Tim is a civil engineer with 20 years of construction industry experience. He specialises in the analysis of delay, disruption and programming on construction projects and has been engaged as an expert on more than 20 occasions. Tim has testified and been cross-examined as an expert witness in arbitration proceedings, including giving concurrent evidence (hot-tubbing). Tim has a strong technical and engineering background in the delivery of large building, civil and infrastructure projects. He takes a practical approach to complex issues, which enables him to provide clients and tribunals with sound and reliable opinion. He has been appointed on building and infrastructure matters across Africa, Asia, Australia and the Middle East for disputes arising on building, road, rail, bridge, power stations, oil pipelines, water treatment facilities, LNG facilities, mining infrastructure and solar projects for projects up to US$1.5 billion and disputed values in excess of US$200 million. Tim holds degrees in civil engineering, business and construction law. He is a member of the Academy of Experts, the Chartered Institute of Arbitrators, the Society of Construction Law in Australia and a contributor to Africa Construction Law.
8 Marina View Asia Square Tower 1, #43-01 Singapore, 018960 Tel: +65 6407 1275 ASoltan@thinkbrg.com www.thinkbrg.com
4 Fricker Road, Illovo P.O. Box 84325, Greenside 2034 Johannesburg, 2196 Tel: timothyharwin@hka.com www.hka.com
Peers and clients say: "Andrei shows impressive skill in the analysis of project scheduling, preparation of reports and presentation of his findings" "He has an exceptional ability to appreciate what needs to be done and thereafter execute the consequential requirements" "Mr Soltan has great skill in dealing with massive non-standard, inconsistent data sets"
Peers and clients say: "Timothy is the best delay expert we have worked with" "He is always our first choice" "He is meticulous, independent and an excellent forensic programmer" "Timothy is able to provide expert views in a concise and clearly understandable manner"
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Profiles | Expert Witnesses - Future Leaders
Spain
Enrique Abiega
Gilberto Regal
Javier Sánchez Llopes
Based in Madrid, Enrique is the managing director of J.S Held’s Construction Advisory Practice in Spain and Latin America and has over 17 years’ experience advising both project owners, main contractors and specialist subcontractors in relation to contracts and claims management, tendering and dispute resolution in construction and engineering projects. He regularly acts as lead expert witness and provides oral testimony in arbitration cases in Europe, Latin America, Middle East and North Africa, under various rules of arbitration including ICC, ICSID and several other national institutions, both in English and Spanish. Enrique’s expertise includes both the preparation and defence of claims on construction, engineering and major projects with respect to delay, disruption, acceleration and prolongation costs as well as additional works, contract termination scenarios and complex technical issues. His experience spans projects and sectors including power (conventional and renewable), mining, oil & gas and petrochemicals, residential developments, civil infrastructure, port terminals, high-speed rail and metro systems. Enrique has a MSc in Industrial Engineering and a MBA (Hons) from INSEAD. Prior to working in a consultancy capacity, Enrique worked for a number of multinational organisations including in the fields of power and heat generation, industrial and process plants, infrastructure and transportation in both project management and senior managerial roles, in a number of different countries. Enrique also lectures on contract management in different MSc programmes, is a frequent speaker in different international conferences (Spain, Chile, Netherlands, Peru, etc.) and has been listed as an international adjudicator by CCL in Peru.
Fluent in Spanish, English and French, Gilberto is a director at J.S. Held, and leads the Scheduling Department for Europe and Latin America. Gilberto has held management positions in several Engineering and Construction companies, being responsible for their Scheduling and Projects Controls departments, and is highly experienced in planning, forensic schedule analysis, project controls, contract management and claims and Expert Witness assignments, having given oral testimony. He has a depth of knowledge preparing and defending claims on major projects and has a particularly strong track record on matters relating to delay having been appointed as a delay Expert Witness on numerous occasions and on a diverse range of international projects across Europe, Latin America and the Middle East. Gilberto has been cross examined and has very deep expertise with respect to forensic delay analysis using the latest methodologies and technologies. Gilberto has worked on projects in over 20 countries with his sector and projects expertise ranging from oil & gas, energy (conventional and renewables), mining, water treatment plants and industrial process plants, through to civil infrastructure including high-speed rail, roads and bridges as well as healthcare facilities such as hospitals. He was a core committee member for the Project Management Institute’s (PMI) The Practice Standard for Scheduling - Third Edition Update, as well as being a regularly invited speaker at PMI, AACE and Society of Construction Law - Spain Chapter “Club del Derecho de la Construcción y la Ingeniería (CDCI) conferences.
Javier has a strong background in project management, contracts, claims management and dispute resolution with extensive international experience on construction and engineering projects having held various project and contract management positions for international infrastructure and energy contractors. Javier provides Expert services, including preparing expert reports and acting as Expert Witness in relation to quantum issues, having been appointed as lead Expert Witness on multiple occasions under various rules of arbitration including ICC, UNCITRAL and SCC. Javier has provided oral testimony and been cross-examined. He has also participated in statutory Adjudications in UK and in mediation processes advising and negotiating on behalf of a party. Javier is the former President of the Spanish Society of Construction Law.
Calle Dr. Fleming 54 Madrid, 28036 Tel: +34 910330219 enrique.abiega@jsheld.com www.jsheld.com
Calle Dr. Fleming 54 Madrid, 28036 Tel: +34 91 033 0219 gilberto.regal@jsheld.com www.jsheld.com
Calle de José Abascal 41 Madrid Tel: +44 (0) 207 377 4944 javier.sanchez@diales.com www.diales.com
Peers and clients say: "He is a great leader on whom you can trust the management of the technical issue" "Enrique has the capacity to absorb and synthesise large amounts of data into easy-to-understand reports" "He is easy to work with"
Peers and clients say: "He consistently brings a thorough approach to delay analysis" "He is a go-to expert for construction dispute resolution"
Peers and clients say: "Javier Sánchez Llopes is very sharp and accurate when cross-examined, showing an unusual control of complex situations" "He possesses great technical knowledge in construction" "Javier is clear and confident – a master of the construction field"
J.S. Held
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J.S. Held
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Expert Witnesses - Future Leaders | Profiles
United Arab Emirates
Kagan Aktas
Igor Corelj
Kagan Aktas is a managing director with Secretariat and is based in Dubai, UAE. He has 17 years of experience in the construction industry, specialising in project scheduling, construction and contract management, forensic delay analysis and expert advisory for construction and engineering projects. He has been appointed as an independent delay expert and has testified on numerous occasions. He has extensive experience with matters involving schedule delay analyses stemming from project impacts. Kagan has consulted on construction projects throughout the world in relation to preparation of forensic delay analyses and independent expert reports, schedule control, and dispute resolution matters. Additionally, he has experience in the areas of general contracting and structural and civil engineering. His experience includes the preparation and review of schedule analyses relating to matters of delay, disruption, productivity, time impacts, acceleration and other project management and dispute issues. Prior to working in the consulting field, Kagan worked in the areas of general contracting, construction management, and research and development. He held contract management responsibilities for the construction of various private projects around the world and several research projects within the US.
Igor Corelj is a chartered quantity surveyor and structural engineer with over 15 years of international construction industry experience. He has acted as a quantum expert six times and has assisted the named expert on numerous occasions. Igor has been appointed by the main contractor on multiple residential and commercial building project disputes across the Middle East and relating to the termination of an EPC contract for a power station in the UAE, with disputed values in excess of $130 million. He has also assisted on numerous complex engineering and construction arbitration matters with disputed values of up to $2 billion, including attendance at multiple hearings. Igor’s experience includes on-site contracting, commercial management of large infrastructure projects at head office level, and consultancy services at all stages and aspects of the project lifecycle. He has been based in the Middle East since 2009, successfully leading large multidisciplinary teams and working across the whole supply chain, giving him a thorough insight into the diversity of contractual arrangements and the issues arising out of them. Igor’s expertise includes valuation of defects, variations, delay and disruption, and termination. He combines detailed technical knowledge, international commercial management experience and an awareness of legal issues to clearly articulate methodical explanations of key issues. He has acted as an expert under both DIAC and UNCITRAL rules.
Secretariat
HKA
One Central - The Offices 5 Level 1 Suite 106 Dubai Tel: +1971-4-4295844 kaktas@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “Kagan deals with his clients very professionally and ensures that his deliverables are of the highest standards at all times” “He has good balance of knowing and being able to apply delay analysis methodologies, while remaining firmly grounded by practicalities”
Igor is a member of the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Arbitrators and the Chartered Institution of Highways and Transportation. He is an RICS accredited mediator, an RICS counsellor and sits as an RICS accessor in Dubai. Igor holds a degree in structural engineering, a diploma in international contract management and a master’s in construction law and dispute resolution. He is also a committee member and acts as a membership secretary of the Society of Construction Law (Gulf).
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, P.O. Box 31450 Tel: +971 4 337 2145 igorcorelj@hka.com www.hka.com
Peers and clients say: "Igor puts in enormous effort to ensure his work is flawless and has no vulnerabilities to attack from the opposing side" "Igor is quite simply a true expert who is reliable and consistent" "Once sure of his work, Igor persuasively presents it and anticipates reactions to it from the opposition"
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Profiles | Expert Witnesses - Future Leaders
United Arab Emirates
Craig Gibson
Ian Greenhough
Daniel Jackson
A chartered quantity surveyor and member of the Royal Institution of Chartered Surveyors (RICS), Chartered Institute of Arbitrators and Society of Construction Law, he has 14 years of commercial management and construction disputes experience. Mr Gibson has been appointed, has testified and has been cross-examined by leading Queen’s Counsel (QC) as a quantum expert in Dubai International Arbitration Centre proceedings. He also has acted as a party representative to dispute adjudication boards (under the auspices of the International Chamber of Commerce) in the Gulf Cooperation Council (GCC) on complex matters.
Ian Greenhough, managing director at Kroll, is a quantum expert witness with 20 years of experience in the construction industry as a quantity surveyor. He has extensive experience in construction disputes, and the cost and commercial management of infrastructure, energy and construction projects. Prior to joining Kroll, Ian was a partner at Blackrock Expert Services, which was acquired by Kroll in 2020. Ian has testifying experience and has been appointed on 11 occasions as a quantum expert witness under ADCCAC, DIAC, ICC and LCIA arbitration rules on projects in the Middle East and Europe on disputes in excess of USD 200m. Ian has been based in the Middle East since 2008 and has extensive experience on major programmes of work within the region. Ian’s experience includes major infrastructure programmes, airports, resort hotel developments, commercial schemes, residential, industrial, renewable energy and energy/power projects. Ian holds a BSc, graduate diploma in law, RICS Advanced Professional Award in Expert Witness Evidence, memberships of the Chartered Institute of Building and Chartered Institute of Arbitrators, and is chairman of the Lighthouse Club Dubai.
Daniel Jackson is a chartered quantity surveyor and RICS Accredited Expert Witness with almost 20 years of experience in the construction and engineering industries. He has been appointed as a quantum expert on numerous occasions and has also assisted the named expert. Daniel has acted on behalf of parties for disputed sums of up to US$400 million, and for projects valued up to US$15 billion. He has been cross examined in international arbitration and has acted in a number of high-profile matters. Daniel has been involved in over 35 disputes in varying capacities within the buildings, oil and gas, power and infrastructure sectors. His recent appointments include a US$12 billion disputed rail project and a US$15 billion coal fired power plant. He has also provided quantum expert opinion, dispute resolution services and independent expert determinations of contractual and quantum disputes. Daniel has experience of delivering a full range of pre- and post-contract quantity surveying services for leading main contractors. As a consultant, he has led teams on a number of technically challenging appointments, involving complex engineering disputes, on some of the world’s largest airports, oil refineries and power projects. Daniel has worked for and on behalf of clients in over 14 countries across five continents. Daniel’s expertise includes matters of quantity surveying, valuation of damages, cost-based claims and disruption claims, assessment of variations – including MEP, and establishing quantum principles. He has become especially accustomed with the attribution of prolongation costs pertaining to large, complex engineering projects.
Berkeley Research Group
One Central, The Offices 2 Level 1, Unit 105 Dubai Tel: +971 4 319 9035 cgibson@thinkbrg.com www.thinkbrg.com
Peers and clients say: "Mr Gibson is methodical and thorough in his preparation of reports and hearing materials" "He was invaluable support in preparing for cross examination" "When being cross examined himself, Craig is the epitome of calm composure" 168
Kroll
Kroll Emerging Markets Office No. 701-702, Level 7, Liberty House Dubai International Financial Centre, P.O. Box 506829 Dubai Tel: +971 52 207 1477 ian.greenhough@kroll.com
Peers and clients say: "He performs strongly under cross-examination" "Ian is a very personable and well known in the UAE market" "He is a rising star"
whoswholegal.com
HKA
Expert Witnesses - Future Leaders | Profiles
Emelyn Martinez Qualis Daniel holds a degree in quantity surveying and construction cost management, an LLM in construction law and arbitration and an LLB honours law degree. He is a fellow of the Chartered Institute of Arbitrators and a member of the Royal Institution of Chartered Surveyors.
Emelyn is a testifying delay expert witness. She is highly skilled in preparing clear, concise, and easy to understand reports and has a proven ability to apply sophisticated planning techniques and present them using simple and easily understood graphics, illustrations, and high-quality presentations. She often receives appreciation from instructing solicitors and Tribunals on her presented reports. Emelyn has more than 20 years of experience in the construction industry, specialising in project scheduling, construction and contract management, forensic delay analysis, and expert advisory for construction and engineering projects. Emelyn’s major claims experience extends within the UAE, Qatar, KSA, Iraq, Bahrain, Kuwait, Oman, India, Kazakhstan, South Korea, United Kingdom, Hong Kong, and the Philippines on diverse and high-profile civil engineering, building, power, oil and gas, and infrastructure disputes. Before working in the consulting field, Emelyn worked as a civil engineer and a planner on large construction projects gaining hands-on experience from the ground up. Emelyn regularly provides advice on planning and programming issues on major projects throughout the Middle East and internationally. Emelyn was selected as the Winner of Lexology’s Client Choice Award 2021 for Construction in UAE. She was also chosen as the 2018 Engineer of the Year by the Filipino Times publication. Between 2010 and 2011, she was the Section President of the Association for the Advancement of Cost Engineers International in UAE (AACEI-UAE) and has made the section the largest section around the world during her leadership.
Emelyn holds a bachelor’s degree in civil engineering and a master’s degree in construction law and arbitration.
Office 1406, 14th Floor Marina Plaza, Dubai Marina Dubai, PO Box 31450 Tel: +971 4 337 2145 danieljackson@hka.com www.hka.com
Level 21 Al Habtoor Business Tower Dubai Marina Dubai Tel: +971 56 400 2011 emartinez@qualis-global.com www.qualis-global.com
Peers and clients say: "Daniel brings flexibility in finding solutions and kindness in dealing with various arguments" "He has a brilliant thought process that allows him to grasp the wider context of matters at a quick pace, which help create a solid strategy"
Peers and clients say: "She is a very impressive delay expert and performs significantly beyond her level of experience" "Emelyn is extremely professional and knowledgeable" "Ms Martinez is an up-and-coming talent and future leader"
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Profiles | Expert Witnesses - Future Leaders
United Arab Emirates
USA • California
Dan Feinblum
Maria Petrov
HKA
Dan is a partner with more than 20 years of experience in design and construction projects. A registered professional engineer and certified project management professional, he has been engaged as an expert in the areas of delay and quantum on more than 20 expert appointments. Dan combines his practical experience as a transportation design engineer, field inspector, geotechnical laboratory technician and university faculty member with wide-ranging consultancy skills. His project experience includes hotel and residential and mixed use buildings; airport; rail; highways and bridges; large public infrastructure projects; and energy infrastructure throughout North and South America. As an expert, Dan has been cross-examined in litigation, arbitration and mediation and has delivered sworn depositions. He evaluates and develops claims; determines merit and quantum for disputed change orders; and provides litigation support services related to delay, disruption and the calculation of damages. He has developed detailed CPM schedule analyses, including analysing as-planned and as-built schedules to determine entitlement and allocate project delays. Dan's experience also includes quantification of damages ranging from extended performance costs to loss of labour productivity.
170
Secretariat Dan's project control and risk management experience includes conducting probabilistic schedule analysis using Monte Carlo simulation; developing baseline schedules; advising clients on risk management and project controls; establishing risk registers and associated mitigation plans; maintaining project schedules; identifying cost drivers on over-budget projects prior to contract award; and establishing web-based document and project control systems. Dan is a professional engineer in California, Hawaii, Maryland and Nevada; a certified project management professional (PMP); a leader in energy and environmental design (LEED); and an accredited professional and a member of the American Society of Civil Engineers, the Project Management Institute and the Construction Management Association of America. He has presented on the topics of construction best practices and risk assessment to a variety of construction bodies.
Maria Petrov is a director with Secretariat, and is based in Los Angeles, California, USA. She is a licensed professional engineer with over 25 years of experience in the construction industry specialising in construction and contract management, project scheduling, forensic delay analysis, claim analysis and expert advisory for construction and engineering projects around the world. She has been appointed as an independent delay and standard of care expert on several occasions. Maria has led and executed claims analysis and claim negotiations, evaluation of project management and engineering standard of care, schedule delay analysis, damage quantifications, technical analysis for damage causations, and preparation of expert reports for transportation, buildings, power, water, wastewater, and infrastructure projects. Her experience involves various project management and consulting roles spanning a broad spectrum from providing design and on-site supervision of multi-milliondollar projects to analysing delay and damages on multi-billion-dollar international construction projects. Prior to working in the consulting field, Maria worked both for design, construction, and construction management companies on large transportation projects gaining hands-on experience from ground up.
4605 Lankershim Blvd. Suite 840 North Hollywood Los Angeles, 91602 Tel: +1 818 255 9943 danfeinblum@hka.com www.hka.com
2100 E Grand Ave. Suite 375 El Segundo Los Angeles, 90245 Tel: +1 310 819 494 mpetrov@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: "Dan is thorough in his analysis, taking into account what opposing experts are likely to argue and addressing such arguments before they are made" "He is effective at finding any potential holes in his opinion and patching them in advance of deposition"
Peers and clients say: "Maria ensures speed, accuracy and thoroughness of response" "She is extremely well organised, and has the ability to analyse complex design and construction issues" "Maria is diligent, thorough and produces work which is clear and easily understood"
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Expert Witnesses - Future Leaders | Profiles
Georgia
New Jersey
Kelsey Bishop
Madison Clark
Chris Brindisi
Ms Bishop is an associate director at Secretariat based in Atlanta. Secretariat specialises in providing independent expert advice on construction projects in the areas of programming and scheduling (delay and disruption), contract review, cost and damages, and productivity and inefficiency. Ms Bishop has nine years of experience in the construction industry specialising in the areas of dispute resolution, delay analyses, scheduling, claims, project controls, as well as construction and project management. In addition, she has experience in reviewing and analysing the feasibility and technical requirements of schedule updates. Ms Bishop has consulted on many complex construction projects throughout the world. She has provided services to owners and contractors across a wide range of projects including oil refineries, airports, bridges, mining facilities, water treatment plants, transportation, data centres, government buildings, commercial and high-rise residential buildings. Ms Bishop received a BS in building construction from the Georgia Institute of Technology.
Madison Clark is an associate director at Secretariat based in Atlanta, Georgia. Ms. Clark has almost 10 years of experience in the construction industry and has advised clients on issues involving delay, disruption, and productivity in support of claims and expert appointments. She has provided services to owners, designers, contractors, and subcontractors across a wide range of projects including refineries, hospitals, processing plants, ships, airports, dams, transportation lines/stations, schools, stadiums, museums, and commercial and residential buildings. Prior to consulting, Ms. Clark worked in the areas of construction field management, project scheduling, and project budgeting across a multitude of construction markets for one of the largest commercial and civil contractors in the USA. Ms. Clark has an adept understanding of scheduling from a programming perspective and has developed a keen ability to present complex scheduling concepts and project matter simply.
Christopher Brindisi is a managing director with Secretariat and is based near Philadelphia, Pennsylvania, USA. He has more than 15 years of experience in the construction industry, specialising in the provision of consulting services in the areas of programming, delay, and disruption. He has consulted on several complex multimillion-dollar construction projects throughout the world involving issues related to construction planning, programming, project delays, and related productivity impacts. Christopher has provided these services across a wide range of projects, including refineries, processing plants, airports, stadiums, power plants, schools, infrastructure works and government facilities. His experience includes the review and analysis of planned and as-built schedules, and the determination of delay impacts and acceleration. In addition, he has familiarity with disruption and productivity-related analyses, issue analyses, and assisting with the resolution other claims and disputes related problems.
1175 Peachtree Road NE 100 Colony Square - Suite 400 Atlanta, 30361 Tel: +1 404 545 3901 kbishop@secretariat-intl.com www.secretariat-intl.com
1175 Peachtree Road NE 100 Colony Square - Suite 400 Atlanta, 30361 Tel: +1 404 400 3223 mclark@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: “I was most impressed with her ability to take on a difficult task and meet aggressive schedule deadlines” “Her level of attention to detail and absorption of an untold amount of information in a very short space of time is quite remarkable”
Peers and clients say: “Madison has impressively strong knowledge of the construction industry” “She is able to explain issues clearly and is very responsive”
Secretariat
Secretariat
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Secretariat
10000 Lincoln Drive East Suite 201 Marlton, 08053 Tel: +1 856 396 8215 cbrindisi@secretariat-intl.com www.secretariat-intl.com
Peers and clients say: "Chris is a strong scheduling expert and is well respected in the construction industry" "Technically he is one of the most astute delay analysts around" "His written skills are top notch and he is able to synthesise complex issues to effectively communicate the primary points" 171
Profiles | Expert Witnesses - Future Leaders
USA • New York
Pennsylvania
Edward Federico
Mariusz Wiechec
HKA
Edward is a delay and quantum expert with over 20 years of experience in the construction and engineering industries. His experience includes investigation and resolution of complex business disputes, primarily related to construction and government contract projects. Edward has testified in federal court, delivered sworn depositions, and presented damage analyses in mediation proceedings and settlement negotiations. Edward’s experience includes clients or projects based in Europe, Asia, and North America. He has worked on a variety of project types within the construction and engineering industries, including airports, buildings, casinos, industrial facilities, hospitals, sports and entertainment arenas, oil and gas, infrastructure, and transportation. Edward has consulted on behalf of project owners, construction contractors, insurance companies. the US government, and government contractors. He is proficient in claims analysis, delay impact analysis and financial analysis including those related to delay, disruption, acceleration, and productivity. He has also provided project monitoring and management services for clients, as well as project closeout, financial and contractual due diligence, and insurance claim support for policies including errors and omissions, and Subguard®. Further to this, he has performed civil and structural design for malls, airport terminals, train stations, churches, and residential homes, and has worked with the US Federal Emergency Management Agency (FEMA) performing inspection of damaged structures and retrofit design.
172
HKA Edward holds a BS in civil engineering and is a Certified Fraud Examiner (CFE) and Certified Fundamental Engineer (FE). Some of the organisations that he is a member of include the American Bar Association (ABA), the Association for the Advancement of Cost Engineering (AACE), the New York Building Congress (NYBC) and the Association of Certified Fraud Examiners (ACFE).
Mariusz Wiechec is a civil engineer with nine years of international construction experience. He specialises in providing independent expert opinion and claims consulting services on matters of delay, damages, disruption, and loss of productivity. Mariusz has been appointed as an expert on five occasions. He has also prepared numerous expert analyses and reports for various dispute resolution proceedings. Mariusz worked on multiple projects across the USA, Canada, UK, Mexico, and Poland in various roles. His experience includes design development, risk management, schedule management, project controls, claims management, and dispute resolution consulting. Mariusz’s expertise lies in a holistic approach to problematic matters, combining forensic delay analysis with disruption and analyses of increased costs. His strong technical knowledge coupled with an ability to clearly and logically present his findings allow him to support clients across a complex range of disputes. Mariusz holds a Project Management Professional (PMP) certification and a master’s degree in civil and structural engineering. He is fluent in English and Polish and has limited working proficiency in Spanish.
60 E. 42nd Street Suite 1460 New York, 10165 Tel: +1 646 560 5433 edwardfederico@hka.com www.hka.com
One Commerce Square 2005 Market Street, Suite 820 Philadelphia, 19103 Tel: +1 267 831 2900 mariuszwiechec@hka.com www.hka.com
Peers and clients say: "Ed is a consummate professional" "He takes pride in his work product, is passionate about helping his clients and has genuine interest in the subject matter" "Mr Federico brings strong communication and collaboration skills to matters"
Peers and clients say: "Mariusz ensures thorough expert analysis of cases" "We are most impressed by his ability to present findings in simple communicable formats for stakeholders" "His intellectual capacity, experience, speed of analysis and graphical presentations surpass 90 per cent of experts in the market"
whoswholegal.com
Expert Witnesses - Future Leaders | Directory
Texas
DIRECTORY An asterisk denotes practitioners who have profiles in the preceding pages. Nominees have been selected based on comprehensive, independent survey work with both general counsel and private practitioners worldwide. Only specialists who have met independent international research criteria are listed.
Tanner Courrier HKA
Tanner is a delay and damages expert with 13 years of experience assisting clients involved in complex construction and government contract disputes. He prepares expert reports and provides expert testimony related to projects in a variety of industries including aerospace, commercial building, oil and gas, defence and infrastructure. Tanner leverages his expertise in critical path method (CPM) schedule analysis and various damage analysis theories to assist clients with the preparation and rebuttal of claims. Drawing on experience, Tanner quickly identifies critical issues and prepares clear and concise analyses to assist his clients with risk assessment, settlement negotiations, mediation, and trial or arbitration when necessary. Tanner provides expert and consulting services on a variety of projects including aircraft development programmes, oil and gas facilities, pipelines, multi-family developments, hotels, highways and healthcare facilities. He prepares and analyses claims arising from issues including schedule delays, cost overruns, productivity loss and disruption. In addition to expert services, Tanner provides change management and schedule consulting services for ongoing projects. Tanner holds a BS in construction management and an MBA with an emphasis in accounting. He is a planning and scheduling professional (PSP) and a certified fraud examiner (CFE). He is a member of the Association for the Advancement of Cost Engineering International, the Association of Certified Fraud Examiners and the State Bar of Texas construction law section.
1717 Main Street Suite 3075 Dallas, 75201 Tel: +1 469 893 1043 tannercourrier@hka.com www.hka.com
Peers and clients say: "He is highly efficient, very credible and always accurate" "Tanner possesses the ability to develop meaningful analysis from raw data provided" "He has an excellent eye for detail"
Canada Ontario
Ali Al-Ahmad* FTI Consulting ali.al-ahmad@fticonsulting.com
England
Manoj Bahl* FTI Consulting manoj.bahl@fticonsulting.com Constance Beauchamps* Kroll constance.beauchamps@kroll.com Mehmet Bircan* Kroll mehmet.bircan@kroll.com Mark Coghlan* Kroll mark.coghlan@kroll.com Lance Crane* LC Consult lance@lcraneconsult.com Tom Francis* Ankura tom.francis@ankura.com John Jones* HKA johnjones@hka.com Tosh Masson* Secretariat tmasson@secretariat-intl.com Michael Pogue* Secretariat mpogue@secretariat-intl.com Joseph Stewart* ARCADIS joseph.stewart@arcadis.com Mark Vaughan-Jones* Secretariat mvaughan-jones@secretariat-intl.com
Hong Kong
Andrew Weir KPMG gofmbuilding@kpmg.com
Qatar
Alex De Abreu Quantum Global Solutions alex.deabreu@qgs.global
Singapore
Adrian Kong* Diales Expert Witness Services
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adrian.kong@diales.com Sharon McGahey* Kroll sharon.mcgahey@kroll.com Andrei Soltan* Berkeley Research Group asoltan@thinkbrg.com
South Africa
Timothy Harwin* HKA timothyharwin@hka.com
Spain
Enrique Abiega* J.S. Held enrique.abiega@jsheld.com Gilberto Regal* J.S. Held gilberto.regal@jsheld.com Alberto Rábano KPMG Asesores SL arabano@kpmg.es Javier Sánchez Llopes* Diales Expert Witness Services javier.sanchez@diales.com
United Arab Emirates Igor Corelj* HKA igorcorelj@hka.com Craig Gibson* Berkeley Research Group cgibson@thinkbrg.com Ian Greenhough* Kroll ian.greenhough@kroll.com Daniel Jackson* HKA danieljackson@hka.com Emelyn Martinez* Qualis emartinez@qualis-global.com
USA
California
Dan Feinblum* HKA danfeinblum@hka.com Maria Petrov* Secretariat mpetrov@secretariat-intl.com
Florida
Sercan Akyildiz DAS Construction Experts sercanakyildiz@consultdas.com
Georgia
Kelsey Bishop* Secretariat kbishop@secretariat-intl.com Madison Clark* Secretariat mclark@secretariat-intl.com Jonathan Haag Lighthouse Consulting Group jonathan.haag@lcg-experts.com
New Jersey
Chris Brindisi* Secretariat cbrindisi@secretariat-intl.com
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Directory | Expert Witnesses - Future Leaders
New York
Edward Federico* HKA edwardfederico@hka.com
Pennsylvania
Mariusz Wiechec* HKA mariuszwiechec@hka.com
174
Texas
Tanner Courrier* HKA tannercourrier@hka.com Brian Furniss Point Construction Advisory Group bfurniss@delta-cgi.com
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Global Leaders in Construction Quantum of Damages Loss of Productivity Schedule & Delay Analysis Adjudication Forensic Accounting Project Advisory
Delta Consulting Group is an international consulting firm comprised of multi-disciplined professionals in engineering, accounting, finance, economics, construction, project management, litigation support and fraud. Providing consulting services in over 65 countries and counting, Delta is “Making the Difference”.
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