WWL Thought Leaders Construction 2022

THOUGHT LEADERS

Construction 2022

Interviews with the pinnacle of the profession

Read interviews with the world’s leading lawyers and experts.

THOUGHT LEADERS

Contents

I am delighted to present WWL Thought Leaders: Construction 2022, which brings together the insight, expertise and wisdom of some of the world’s foremost construction lawyers and experts in a single book. Through thousands of votes and nominations in the course of our research, the market has identified that the practitioners in the following pages are among the very best in the world in their field, without exception.

2 Mohamed S Abdel Wahab

Richard Bailey

Rouven F Bodenheimer

Matthew J Christensen

88 Amit Garg 90 Neil Gaudion

David Goodman

Dakus Gunn

Charles R Heckman

Liam Holder

Scott D Hollingsworth

IntroductionIn total, only one in every five individ uals considered for inclusion in WWL: Construction 2022 were invited to take part in WWL Thought Leaders: Construction 2022

Who’s Who Legal has been researching legal markets since 1996 and now covers 35 practice areas and over 150 countries. Entry into our guides is, of itself, no easy feat, with fewer than half of those nominated obtaining a listing. The bar to be considered a thought leader for construction is even higher: only those listed lawyers who obtained the highest number of nominations from peers, corporate counsel and other market sources in our most recent research cycle were considered. In total, only one in every five individuals considered for inclusion in WWL: Construction 2022 were invited to take part in WWL Thought Leaders: Construction 2022

Through interviews with the practitioners themselves, WWL Thought Leaders: Construction aims to shine a light on what puts these practitioners at the apogee of the global construction market. They are worthy of special mention owing not only to their expertise and experience advising on some of the world’s most significant and cutting-edge matters, but also their ability to innovate and inspire. Their experience and understanding of the legal world and their unique insights into the area will no doubt be illuminating and instructive to a wide spectrum of readers, whether clients, corporate counsel, established practitioners, those starting out in the law, or anyone with an interest in the practice of law at the very highest level.

This edition of WWL Thought Leaders: Construction features Q&As with 73 prac titioners with hundreds of years of combined experience in the field between them. I would like to thank the participants who gave us their valuable time to answer our questions and make the book possible. It is rare to have so much construction expertise concentrated in one place and we hope you will agree that their responses make fascinating reading.

Rupert Wilson

Head of research & analytics, Who’s Who Legal October 2022

Head of research & analytics

Rupert Wilson

Head of research: US Penelope Williams

Senior research analysts Conor Manders, Alex Bottomley, Olivia Harrison

Research analysts Tabia Lui, Kirsty Carvalho, Johana Shonibare, Anna Mullock, Daniel Zahzouhi, Jonathan Brooks

Content production manager

Harris

Senior production editors

Adams, Harry Turner, William Holt

editor

Desmond

Junior production editor

Balch

director

Landes

of sales

Gill

Senior

Townsend

manager

Nayla Comair-Obeid

Douglas Jones AO

Sumeet Kachwaha

Jamie Kellick

Kevin Kim

Fernando Marcondes

Ziad Obeid

Colin Ong KC

Stefan Osing

R Bruce Reynolds

John R Singleton KC

Sharon Vogel

Alex Wagemann

Howard Wise

Directory

Experts

Mike Allen

David Atkinson

Kenneth R Baker

David Barry

Manus Bradley

Jas Cheema

Dan B Clark

Hamish Clark

Garry Crossley

Alex Currie

Mark Dixon

Austin Duffy

Emyr Evans

David Falkenstern

Paul S Ficca

Jeffrey E Fuchs

Business development manager Kiteria Yiu

Account managers

Olowolekomoh, Sam Limbu, Leon Hartley, Hadassah Maitaram

service executive

Marloe

Barnes

Jonathan Humphrey 104 Michael C Kenyon

Mike Kling

Christopher Larkin

Gene Lash

Thierry Linares

Franco Mastrandrea

Patrick McGeehin 118 Graham McNeill

Derek Nelson

Doug Neville

Haroon Niazi

Seamus O'Doherty

128 Ian Osbaldeston 130 Rob Palles-Clark

Paul Pocalyko 134 Joanne Prior 136 Stephen Rae 138 Andrew Rhodes 140 Paul Roberts

Ian Robinson 146 Colin Russell

Mike Saulsbury

Ted Scott

Richard Sieracki

Chris Spandau

George Taft

James Taylor

Michael Tonkin

Philip R Urwin

Meera Wagman

Mark Wearen

Directory

Cover photography: istockphoto.com/kenishirotie

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Mohamed S Abdel Wahab

Zulficar & Partners Law Firm Cairo www.zulficarpartners.com msw@zulficarpartners.com Tel: +20 2 24612147

Biography

Professor of international arbitration and private international law at Cairo University; founding partner and head of international arbitration at Zulficar & Partners Law Firm; chair of the international expert committee of the Permanent Forum of China Construction Law – China; treasurer and member of the ICCA Governing Board; dean of the African Arbitration Academy; vice-chair, ICC Governing Body for Dispute Resolution; vice president of the advisory committee of the CRCICA; member of the PCA Court of Arbitration; co-chair of the IBA Arab Regional Forum. Prof Dr Abdel Wahab served as arbitrator, counsel and legal expert in more than 245 cases involving African, Asian, Canadian, European, Middle Eastern and US parties, and is internationally renowned for his expertise in inter national arbitration, construction, energy and telecommunications.

What do clients look for in an effective construction lawyer?

Clients look for counsel who (i) understands the industry and the specificities of construc tion projects; (ii) is skilled in drafting and understanding construction contracts; (iii) is able to offer advice that is business-oriented and primarily aimed at dispute avoidance; (iv) is able to offer spot-on strategic advice in case of disputes to enable the client to take informed decisions; (v) is capable of effi ciently prosecuting arbitral proceedings on behalf of the client and skilled on matters of substance and procedure; (vi) is able to distill and identify the critical issues in dispute; and (vii) is credible before arbitral tribunals, and able to identify a clear and compelling path to finding in favour of the client.

You have expertise and expe rience as an arbitrator in con struction disputes. What are the key skills to have in these proceedings?

Arbitrators in construction disputes require a combination of skill and experience. The key skills include: (i) understanding the reality and specificities of the construction business, industry and the specific project in dispute; (ii) patiently and meticulously reviewing the very often voluminous docu mentation and submissions; (iii) having the experience to efficiently manage the arbitral proceedings; (iv) possessing the ability to innovate and develop bespoke procedure that is case-oriented and aligned with the parties’ expectations; (v) listening to counsel and consulting the parties before taking procedural decisions; (vi) possessing the ability and intellect to distill the core issues in dispute; (vii) being good with numbers and having good under standing of the diverse delay and disruption analyses, methodologies and approaches to quantum calculation; (viii) being able to minimise procedural disputes between the parties with a view to controlling time and costs as necessary; and (ix) being able to effectively communicate and work with other members of the arbitral tribunal and to draft well-reasoned awards.

What are the main challenges currently facing those looking to develop construction and infrastructure projects in the Egyptian market?

The construction industry is a capitalintense industry that is dispute-oriented, with limited margins of profit. Among the challenges that face those looking to develop construction and infrastruc ture projects in the Egyptian market are: (i) the choice of the proper form of construction contract that is aligned with best practices and well-suited for the specific project; (ii) balancing the parties’ rights and obligations and maintaining a workable and reasonable allocation of risks; (iii) the proper pricing of works in construction projects; (iv) maintaining proper and complete contemporaneous project records; (v) developing effective communication between all stakeholders (employers, contractors, sub-contrac tors, suppliers, project managers, engi neers, etc.); (vi) the difficulty to coordinate work activities in fast-track projects; (vii) securing project funding and maintaining an adequate supply chain; (viii) developing realistic completion dates and how to handle delay and device plans to accel erate completion in case of delay; (ix) how to minimise project disruption and loss of productivity; (x) how to develop work able project planning and manage project resources; (xi) how to integrate technology (including BIM, smart and green technolo gies) in project implementation; (xii) the scarcity of skilled and trained labour force; (xiii) appreciating the impact of effective project management; and (xiv) having to deal with an intricate web of regulatory requirements, legislative instruments, and permits and approvals.

How does Zulficar & Partners stand out among competitors in the market?

Zulficar & Partners stands out in the market due to its expertise, experience and results. Members of the firm possess the requisite expertise and experience

to understand and appreciate clients’ business needs in contentious and noncontentious work. The firm offers stra tegic advice across all legal disciplines by leading lawyers with full focus on the clients’ interests and needs. The firm’s track record of unparalleled achieve ments in the Egyptian market and the significant successes in acting for leading clients in major projects and in pros ecuting arbitral proceedings relating to mega construction projects position the firm as a market leader, with sufficient gravitas to attract prominent clients and win their trust. The firm is always keen on upholding the highest ethical and profes sional standards in the work undertaken, and consistently strives to strike the right balance between tradition and innovation, by embracing new innovative techniques in offering strategic advice, prosecuting disputes and maintain long-term client relationships. The firm also prides itself in employing and retaining the best of the best in the market.

My advice to up-and-coming practitioners is to learn more about the industry and to try and understand the business and technical aspects of construction, as this will come in handy when instructed to do contentious and non-contentious work. Moreover, hard work is essential, and diligence, modesty and patience are true virtues that can take one far in his/ her career. One also needs to work on the drafting of construction contracts and get involved in real-life projects to develop a proper understanding of the policy and pragmatism of the functioning of the construction sector. Moreover, one needs to master the legalities of construction projects and disputes to develop a competi tive edge among peers. Finally, one needs to be patient and always strive to learn and hone one’s soft and hard skills.

whoswholegal.com/thought-leaders

What advice would you give to an up-and-coming practitioners?

You have had a very distin guished career to date. What

else would you like to achieve that you have not already?

My aim is to help build a generation of solid world-class practitioners, and to assist younger practitioners in developing and

under-represented jurisdictions, including in Africa and the MENA region and beyond, find their deserved place within the global arbitration community. Talent exists every where, and it is the search and support

provided to young talent that ensures that our distinguished field of dispute reso lution will continue to progress, develop and advance for the greater good of all stakeholders.

Peers and clients say: “Mohamed is an all time great of construction arbitration”

“Mohamed is a very smooth operator who makes the arbitration process work very well”

“He is seriously good”

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Bailey

Richard is a highly regarded construction lawyer with broad inter national experience. This encom passes all forms of contractual work and the handling of complex construction and engineering disputes, both domestic and inter national. Clients include contractors and subcontractors; property owners and developers; and consultants and project stakeholders. Richard regu larly conducts international arbitra tions or co-counsels with other firms. A member of the International Bar Association’s construction projects group, he is a frequent speaker at construction events across the globe.

What inspired you to specialise in construction law?

My experience of working with John Birch, a partner of Bevan Ashford, early in my career was transformational. He intro duced me to the fundamentals of adjudica tion in the late 1990s, just as it was starting to grow in importance in the UK.

What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?

Payment disputes are the most common and the simple advice - carefully follow the terms of your contract – can avoid many of them.

Have you seen in an increase in disputes arising from renew able projects? If so, why?

It’s no surprise that, as renewables have continued to grow in importance, there has been a matching growth in the number of disputes arising from this part of the market.

It has been noted that media tion is increasingly being used to resolve construction dis putes. Why do you think it is becoming more popular as a form of dispute resolution?

Mediation is cost effective and that is at the heart of its popularity: it is trusted by people in the construction industry as a way of reaching commercial settlements.

What impact do you think third-party funding will have on construction disputes in the coming years?

The key point is that third-party funding will allow parties – particularly in larger disputes - to pursue claims that previously would be difficult to sustain.

What impact will technological innovation have on the con struction industry over the next five to 10 years?

Let’s be clear, technological innovation has already had a huge impact on the construction industry. But looking ahead, I expect more and more innovation with the increasingly easy use of BIM, off-site production and the use of 3D printing all being significant.

What do you enjoy most about your work?

There are two things: the complex legal challenges which cross my desk every day (and which I in turn have to distil and artic ulate to my clients) and the extraordinarily diverse set of talented people that I get to work with.

How do you see your practice developing over the next five years?

I joined Druces LLP in the autumn of 2021 and my plans for the next five years will see us building the team into a leading construction practice providing highquality legal advice across the full spec trum of the construction industry.

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”

whoswholegal.com/thought-leaders

Rouven F Bodenheimer

Bodenheimer is specialised in international construction law. He has advised employers and engi neers globally throughout all phases from project inception to claims management.

Bodenheimer represents contractors, investors and other stakeholders in arbitra tion and adjudication proceedings –he is an experienced adjudicator and arbitrator in large infrastructure and industrial plant projects. His experi ence allows him to offer profound experience where common law and civil law appear to clash.

What do you enjoy most about working as a lawyer in con struction disputes?

Foremost I am fascinated by the subject matter. Different to our own profession you can always see the result of the hard work everyone puts in. Further and different to many other sectors, most parties have started with a joint goal they mutually want to pursue: the successful completion of the project. What I like about construction disputes is what most others are turned off by: the often multitude of parties involved and the volume and complexity of most projects. This means one needs to estab lish and examine at least several legal and commercial relationships, and carefully connect the dots both in terms of how a project develops and what such develop ments entail. This versatility is what I enjoy the most.

Since you handle disputes across a wide range of sectors, how do you ensure you main tain an in-depth knowledge of the construction sector?

There is a distinction that needs to be drawn: as wide as the range of sectors might be in which I serve as arbitrator, we are as focused when it comes to counsel work. When being appointed as arbitrator the range goes even beyond sectors as I am frequently appointed in matters governed by laws I am not formally admitted to practise in. As counsel we work mainly in two fields: corporate and commercial and construction. Having focused on these areas in the past I am not only able to main tain in-depth knowledge but to allow both sectors to benefit from the experience in the respective other sector. Especially when one handles construction disputes on

a routine basis one needs to keep updated all the time anyways.

To what extent is mediation becoming a more attractive option for clients resolving construction disputes?

Construction disputes often arise when the stake-holders involved do not manage to communicate amongst each other timely and effectively. The most common reasons for construction disputes we see in prac tice are failure to assess and communicate site conditions correctly, costs accurately and delays timely. Yet, what, without any exception, all the stake-holders wish is to complete the project at their hands as soon and economically as possible. Therefore mediation, whereby the main objective is rather to find solutions to ensure the completion of a project preserving the relationships, and to reach an agreement which is satisfactory to everyone involved on that basis (than handling conflicts in a time-consuming and hostile manner) is becoming more and more attractive. However, what needs to be added is that the specific features of a construction project – long duration and joint interest to complete the project – allow for the implementation of professional project management structures and standing dispute resolution means such as DRBs and DABs. Both reduce the overall number of escalated conflicts already.

What contract prepara tion steps can clients take to minimise the risk of common construction disputes from occurring?

I have had great experiences with a project approach of partnering. The change of

mindset is amazing to observe as well as the reduction of disputes escalating. This is certainly something I would strongly to recommend for dispute avoidance. If that is not possible, it comes to the usual aspects, which are determining the scope of work (including all related design and engi neering works), the budgeted costs and a realistic timeline in a farsighted manner by way of unambiguous clauses on parties’ responsibilities and liabilities, as well as effective and cost-efficient dispute resolu tion mechanisms.

In your experience, how effec tive are virtual witness exami nations compared to their in-person equivalent?

In my experience, virtual witness examina tions are sometimes even more effective than in-person ones, as both the witnesses and their examiners are bound by certain time and technical restrictions. In the end, even if there is physical distance in between, thanks to today’s technologies, witnesses can still not escape eye-to-eye exchange, which is, to my mind, the most important “means” for an examination to be effective. The recent past has taught us best practice how to ensure witness exami nation is not diluted due to the virtuality.

What soft skills would you encourage younger lawyers to develop further?

Flexibility to adapt to sudden changes of circumstances, the understanding that being part of a team is the chance and the obligation to contribute and last but not least: a good portion of humour.

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/thought-leaders

Matthew J Christensen

Kim & Chang Seoul www.kimchang.com

matthew.christensen@kimchang.com

+82 2

Matthew Christensen is a senior foreign attorney in Kim & Chang’s international arbitration & crossborder litigation practice. Throughout his career, Matthew has acted for a broad range of private and public sector clients in dozens of substantial international arbitration cases under the rules of major arbitral institu tions, including many substantial disputes arising from high-value and complex international construction projects. Matthew is a fellow of the Chartered Institute of Arbitrators and currently serves as co-chair of the International Construction Projects Committee of the Inter-Pacific Bar Association. He received his law degree from Harvard Law School in 2002 and also holds an A.M. degree in East Asian Regional Studies from Harvard University (1995) and an Honors B.A. in English Literature from the University of Utah (1992).

As an American lawyer based in the Korean market, how did you become involved in construc tion disputes and what unique approaches or perspectives do you bring to the table?

I have had the privilege of working on many types of arbitration cases, but would char acterise myself as an arbitration lawyer who specialises in construction disputes. Candidly, my initial involvement in this area was driven by my sense as a junior lawyer that I might have greater opportunities in such cases for involvement in oral advo cacy at the hearing. But I have continued to gravitate toward construction disputes because I enjoy the tangible nature of the projects and the interface with technology and engineering. What I bring to the table is that I speak and understand Korean at an advanced level. This allows me to take evidence from Korean engineers in their native language and then present oral and written submissions to an Englishspeaking tribunal. I find this process both endlessly fascinating and deeply rewarding.

What do you enjoy most about specialising in construction arbitration?

I particularly enjoy the special challenges that construction disputes present to me as an advocate. When I am able to find the compelling stories in a technicallycomplex construction dispute and then tell them in a cogent manner it is always very satisfying. I would also mention the friend ships I have forged within the community of construction-specialised professionals. The fact that it is a smaller community can also have a positive effect in promoting collegiality and ethical conduct, which are important to me.

What impact has the covid-19 pandemic had on construction arbitration?

In Korea (as in most other jurisdictions with which I am acquainted), the pandemic has

not resulted in a flood of related construc tion disputes, as some had predicted. But from the perspective of an arbitration lawyer, the pandemic has fundamentally altered the way we think about and use technology, especially in the area of virtual hearings. Before the pandemic, we used to ask ourselves whether there was any element of a hearing that needed to be done virtually, with the case of a witness stuck on a remote project site as a typical example. But virtual hearings have become the new normal and default option to the extent that we now ask ourselves whether there is anything about the current case that requires an in-person hearing. This is a sea-change in arbitral practice and we have the covid-19 pandemic to thank for it.

In your view, what are the ben efits and challenges of virtual hearings for construction disputes?

Virtual hearings will continue to be used for procedural hearings in construction arbitration as in other types of disputes, and the cost savings associated with virtual hearings, not to mention the reduced envi ronmental impact, will militate against a reversion to in-person hearings in many cases. But virtual hearings can be less appropriate for high-value and complex disputes, or where physical (or exportcontrolled or classified) evidence plays an important role, or where extreme time zones are involved – obviously factors that characterise many construction disputes. There are also important benefits to having the tribunal as well as the parties’ legal teams together in one place. And some things get missed in a virtual hearing. From the advocate’s perspective, it can be harder to see what points the tribunal finds interesting or unclear, and I’ve also heard more than one arbitrator say they miss seeing the facial cues from junior members of the counsel team – who tend to have their cameras off in a virtual hearing – when a point has landed squarely

for or against their side (underscoring the continuing importance of what we in Korea call pyojeong gwalli or facial expression maintenance).

What impact will technolog ical development have on the Korean construction sector over the next five years?

Technological development has played an important role in the growth of the Korean construction industry historically and the process continues in the present day. While the use of drones and other technology on construction sites tends to attract a lot of attention, I am particularly interested in the increased use of Building Information Modeling (BIM) solutions by Korean contrac tors. This process is well underway, and will have far-reaching implications for the Korean construction sector. As the use of BIM spreads, I can even see the potential for a corresponding rise in the use of mode ling technologies as aids in representing complex construction processes in the arbi tration context, as the benefits of those tech nologies become more apparent to clients and the associated costs easier to justify.

When deployed at the right time in an appropriate case, mediation can be a singularly powerful and effective dispute resolution mechanism. In many respects, mediation is tailor-made for the construc tion industry, where the preservation of relationships tends to be a worthwhile objective even for parties to a conten tious dispute. For reasons often rooted in internal decision-making culture, many Korean corporates are still resistant to trying mediation in high-value international disputes. But this is gradually changing and in my view the prospects for media tion in international construction disputes remain bright.

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/thought-leaders

Why is mediation becoming an increasingly important element in dispute resolution in the con struction industry?

Nayla ComairObeid

Professor Dr Nayla Comair-Obeid is the founding partner of Obeid & Partners (previously Obeid Law Firm) with offices in Beirut, Dubai and Paris. She is a professor of law and associate member of 3VB Chambers in London. Prof Comair Obeid has been recently elected the vice chair of the International Chamber of Commerce (ICC) (as of June 2022) and has been a member of the ICC Executive Board since 2019. She is also currently the chair of the Jury of the ICC Institute Prize (2023 edition), the vice chair of the Arbitration Committee in the International Bar Association (IBA), member of the International Council for Commercial Arbitration (ICCA) Governing Board, trustee of the Cairo Regional Center for International Commercial Arbitration (CRCICA), member of the international commercial expert committee of China’s Supreme People’s Court, amongst others.

What inspired you to specialise in construction law?

Following the destruction of Lebanon by the civil war and aided by the fact that my husband was a contractor; I began my career in the late 1980s and I thought that there was room for understanding and acting on the legal aspects of reconstruc tion in my country. The demand for special ists in construction law was also growing in the Middle East at the time. I had the advantage of being a specialist in Middle Eastern legislation and a doctor in law from Paris University, fluent in Arabic, English and French.

What makes Obeid & Partners stand out from its competitors in the market?

From the beginning of my endeavour to build a law firm, I have focused on excel lence in the service to our clients and insisted on meeting the international standards of quality, compliance and inde pendence. We have achieved that goal: Obeid & Partners has won all its cases.

The construction industry often turns to arbitration for dispute resolution. What steps are courts taking to offer a rival forum for dispute resolution in the construction market?

From my experience in the Middle East, very little has been done in that respect. Most companies and even state entities generally resort to arbitration for dispute resolution.

To what extent has covid-19 had an impact on construction practice in 2021? Are parties willing to be flexible in proce dure and approach to get it over the line?

Covid-19 has seriously affected our prac tice, maybe for the good. We have increased

the remote-working process and engaged in hiring the best specialists all over the world. This also increased flexibility in all our working styles; the pandemic has created interesting opportunities across the board.

What do you find most challeng ing acting as a legal expert on numerous aspects of Lebanese law in foreign courts?

I often act as expert in Lebanese law in front of foreign courts; Lebanese law being highly inspired by the French Civil Code, the challenge is to transmit the subtlety and intricacies of the Lebanese system in front of foreign judges.

How do you see the recent instability in oil prices influ encing investment in the Middle East? Will oil remain a key commodity in construction projects or do you see the use of renewables increasing?

Fluctuating oil prices have hindered some countries in their planned development, but this is now almost under control in the Gulf area; the need for oil will remain for industrial purposes, while renewable ener gies will be the major trend in the coming 10 years. This is particularly true in the Middle East where solar energy is avail able and has become affordable.

What impact will technological innovation have on the con struction industry over the next five to 10 years?

Technological innovation will radically change the construction industry; the impact of work force shall be drastically reduced by the introduction of new systems and machinery. This will have economical and sociological results in the Gulf area where the need for imported labour will be reduced.

Looking back over your career, what has been your proudest achievement?

Throughout my career, I have always aimed to represent and support the empower ment of women worldwide, and particularly in the Middle East. I find pride in the recog nitions I received and positions I have held, which would set an example of the accom plished careers any woman could pursue. My recent election as the ICC vice chair, the vice chair of the Arbitration Committee in the IBA, board member of Women’s Leadership Board of the Women and Public Policy Program (WAPPP) at the Harvard Kennedy School, and my designation as president of the CIArb in 2017, amongst others, have been all a source of pride for me. As regards the firm, expanding the firm’s horizons in 2021 despite all chal lenges and launching offices in Paris and Dubai besides Beirut have been of my proudest achievements.

Peers and clients say: “She’s a star for complex construction arbitration” “A bedrock practitioner in the field”

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Douglas Jones AO

Biography

Doug Jones AO is a leading inde pendent international commer cial and investor-state arbitrator with over 40 years’ prior experi ence as an international trans actional and disputes project lawyer. Doug is a door tenant at Atkin Chambers London and has chambers in Sydney and Toronto.

is also an International Judge of the Singapore International Commercial Court.

What inspired you to pursue construction arbitration?

Prior to my work as an arbitrator, my career in practice was as a transactional and disputes lawyer for national and inter national infrastructure projects. This work led me naturally into the field of dispute resolution which, in international construc tion, is almost always by arbitration. In my role as a full-time arbitrator only about 50% of my cases involve construction but my capacity to contribute to arbitra tion processes involving various areas of commercial activity is developed well through this experience with construc tion arbitration, the complexity of which is often unmatched in other areas of dispute resolution.

How does your membership in a wide range of committees and associations enhance your practice?

Being part of the professional community associated with dispute resolution, arbitra tion, and areas of specialisation such as construction provides a valuable oppor tunity to keep abreast of commercial and legal developments in dispute resolution, which enhances my practice.

As cross-border matters become more political, how do you navigate through such sensitivities?

In my view, cross-border issues have always had some politics associated with them, although in purely commercial matters it is only in the context of sanctions that cross-border issues become more clearly politicised. However, in commer cial matters involving state parties there is also obviously a need to be aware of the capacity of state parties to be responsive to the process. Sensitivity to cultural issues is important.

What skills are needed to suc cessfully collaborate with law yers, experts and authorities in different jurisdictions?

Recognition of the differing approaches of legal cultures around the world is critical for successful collaboration. Devising appropriate procedures for an arbitra tion is a consultative process involving the parties, lawyers and experts which needs to be undertaken with care. I have always thought that every arbitration is a process involving arb-med, that is, the need to decide the issues but mediate the process.

Peers and clients say: “The best at managing expert advice”

“Perhaps the best in the world”

“A very impressive arbitrator”

“He manages the process with exceptional efficiency”

“Superstar status”

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Sumeet Kachwaha

Biography

Sumeet Kachwaha has received top rankings from international directo ries in dispute resolution, construc tion and infrastructure sections. Sumeet’s past positions include, chair of the Dispute Resolution & Arbitration Committee of the IPBA; Advisory Board of Kuala Lumpur based AIAC (formerly KLRCA); and vice president, APRAG.

Describe your career to date.

The legal profession has changed 180 degrees since I joined it in 1979. Initially, I practiced as a junior counsel and was involved in some of the largest matters ever to come up before Indian courts. This included the Union Carbide Bhopal gas leak disaster case in 1984 – the then largest damages case in the world, arising out of the worst industrial disaster faced by mankind.

With the growth of international arbitra tions, I set up a specialist firm (Kachwaha and Partners) in 2002.

Over the years, I have been privileged to handle disputes from all corners of the world and in wide-ranging fields.

I have stepped in as an expert witness on Indian law in the courts of England and Singapore and also served as amicus curiae in several matters before the High Court of Delhi, including the very first BIT dispute to come up before Indian courts (the over US$2 billion dispute between Vodafone and the government of India).

there will be a churn, infrastructure growth is critical for the economy and I do not see any long-term adverse effect. I see the government stepping in and ameliorating the covid-19 impact and overall encour aging and stimulating the construction industry.

technology. The chief obstacle here is a lack of trained arbitrators. Arbitrators in India are usually drawn from the pool of retired judges who are too steeped in court traditions to embrace change. There is an urgent need for Indian arbitral institutions to proactively orient and train arbitrators in construction arbitration best practices.

I am naturally attracted to large infrastruc ture projects and have a keen interest and instinct in the intricacies of heavy engi neering and construction. I find brain storming and strategising to be particularly interesting, especially when heavy engi neering issues are involved along with the dynamics of construction issues.

India needs to render challenges to awards to be dealt with expeditiously. The govern ment is actively engaged and has brought about certain amendments. A 2016 amend ment in effect provides, that an award for payment of money can be stayed only upon a pre-deposit or securitisation of the sums awarded. Further, “patent illegality” stands excluded as a ground to challenge an inter national arbitration award.

However, all this is not enough. One issue I strongly advocate for is the need for an ‘adjudication’ system enabling interim relief to the industry. India should keenly look at the models available in Australia and the UK in this regard.

Another development which I support relates to third party funding and the need for a comprehensive legislation on it.

What motivated you to set up your own firm?

Cross-border work is fascinating. The opening up of the Indian economy created the right environment. Now (over two decades later), I can say that it was clearly the right decision to take.

Construction is one of the biggest drivers of the Indian economy and therefore, construction arbitrations will gather more and more importance. With the growth of construction arbitrations, better case management techniques will be embraced and sanctified.

Currently, India has some ground to cover. At the same time there is enormous political will to render arbitrations more effective and efficient. I would expect (over a period of time) the government to address and find solutions, rendering arbitrations more efficacious. I would also expect more arbitrations to be institute administered, (rather than the current ad-hoc mode) and I would expect technology and better case management techniques being used more widely.

Covid-19 had an unprecedented paralysing effect on the world at large and we are still grappling with it. In the construction industry, almost everyone (big or small), was impacted and invoked force majeure.

In the short term I do see projects getting delayed and the consequent litiga tion impacting players and projects. While

India needs to adapt and mainstream the best practices followed in developed jurisdictions in construction arbitrations. Briefly, this includes document manage ment; case management and use of

The Indian legal profession is quite differ ently structured from the developed country models and lawyers do not have a professional groove to readily settle into. Only a fraction of young lawyers find them selves in good, professionally run firms. Most lawyers usually end up in the courts as sole practitioners (we do not have the equivalent of barristers chambers). Most lawyers are benchmarking themselves locally and not globally. My advice to these young lawyers would be to enrich themselves by intermingling with their international peers through international conferences and events.

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”

whoswholegal.com/thought-leaders

What is it about working in the construction industry that you find most interesting?

What short and long-term effects do you see covid-19 having on the construction industry?

You have published extensively on international arbitration. Are there any trends and devel opments emerging that you have written about recently?

What measures would you advocate to improve efficiency in construction arbitration proceedings?

In which direction do you think construction arbitrations will develop in the next five years?

What advice would you give to budding practitioners hoping to one day be in your position?

Jamie Kellick

Biography

Jamie is a partner in the Muscat office and a contentious and non-contentious construction specialist.  His practice covers Oman, GCC, wider Middle East and Africa region. His clients include international engineering and construction contractors, interna tional joint venture project compa nies, funders, local developers and government entities. He has exten sive project support experience and extensive knowledge of FIDIC and government standard forms contracts. Jamie is a fellow of the Chartered Institute of Arbitrators and an accredited mediator.

Kennedys

What attracted you to a career in construction law?

My first case which was a class action in Jersey, Channel Islands on the part of the occupiers of a prestigious residen tial development in St Helier against the developer for a number of structural fail ings in the construction. The sheer quantity and extent of the expert evidence required to prove the claims, from geologists to structural engineers, claims consultants to forensic accounts, and the strategies required to be adopted to pursue them, really intrigued me and got me interested in getting involved in construction related claims and defences; hence my move to the Middle East in 2009.

What do you enjoy most about working in the construction sector?

The human element. Dealing with, and in a way, managing, the numerous personnel involved, all with differing specialties and interests.

How has the market changed since you first started practising?

Immeasurably. The gulf of differing opinion as to who is to blame and who carries the risk in any given circumstance has become far more contentious and, in numerous examples, far more incredible.

How do you establish a detailed understanding of a client’s business to advise them effectively?

Get to know them: their passion; interests and, above all, their concerns.

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

I’m not entirely convinced that it is, particu larly in Oman where it is a price market and the perceived costs of arbitration are always raised as a cause for concern. That said, when all other avenues have been exhausted (ie, settlement), the parties know that arbitration is the only way in which to obtain a (hopefully) reasoned and just decision.

Do you think Coronavirus and its consequences will inform parties’ behaviour when enter ing into construction and engi neering contracts in the future?

Yes, to the extent that the parties are now better informed or aware of the reality of such potential threats or issues, which has changed the way in which they now consider and manage risk.

As a partner of Kennedys Law, what are your main priorities for the firm’s development over the next couple of years?

To grow the Oman office and to become the ‘go-to’ firm in the Sultanate for construc tion related matters – both contentious and non-contentious.

What is the best piece of career advice you’ve ever received?

For all big decision moments, once you have considered them fully, sleep. You will invariably make the better choice tomorrow.

Peers and clients say: “Jamie is an excellent advocate”

“He is well-known in the market for his comprehensive litigation practice”

“He knows construction disputes in Oman inside-out”

whoswholegal.com/thought-leaders

Kevin Kim

Biography

Kap-You (Kevin) Kim is a senior founding partner at Peter & Kim in Seoul, a dispute resolution firm with offices in Korea, Switzerland, Australia and Singapore. Over the past 30 years, he has acted as a counsel, presiding arbitrator, co-arbitrator, and sole arbitrator in more than 300 international commercial and investment arbi tration matters under various insti tutional rules. Kevin is an advisory board member of ICCA and the chairman of KCAB’s International Arbitration Committee. He has previously served as the vice presi dent of the ICC International Court of Arbitration.

Yes, I have. Over the past few years, employers and contractors in international construction projects have both become far more sophisticated in retaining project related documents. This has resulted in an increase in the volume of documents being processed in a construction arbi tration. In addition to such increase of paper documents, we have also witnessed a significant increase in digital files with which schedules are recorded, or raw data concerning an accounting system for the project. Due to the various formats of this electronic data, the complexity of data to be processed in a construction arbitration has risen considerably.

If in the future the use of drones (or other unmanned digital instruments) increases as a project management tool and becomes common for record-keeping purposes, then the type of data to be collected and processed in a construction arbitration will likely be even more volumi nous and complex.

know-how for procedural issues that I now deploy in cases where I act as counsel.

In your opinion, how can the construction dispute process be streamlined?

Getting an early evaluation of a party's extension of time and cost claims by external experts and lawyers is often helpful to assess the strengths and weak nesses of a case. This enables a party to focus on the most important claims. In turn, if only the most salient claims are in contention, and the issues in dispute between the parties are only a handful, then the chance that the parties may engage in settlement discussions (in some cases via mediation) is much higher. This further helps streamlining a construction dispute process.

The construction industry often turns to arbitration for dispute resolution. What steps are courts taking to offer a rival forum for dispute resolution in the construction market?

likely lead to repetitive tasks (like brick laying, for instance) being passed on to autonomous robots of some kind, which will make both the process in question as well as it’s recording far more efficient. However, such technological interventions are also likely to lead to interesting legal questions.

In what ways has the increasing global focus on climate change and ESG affected your practice, and the type of projects you are working on?

The global focus on climate change and ESG has trickled down to disputes that lawyers handle but only to a limited extent so far. However, as more time passes, I am certain that we will see interesting developments in this regard, particularly in relation to contractor/sub-contractor commitments in relation to emission targets, for instance.

What are the foreseeable future trends in the construction and energy projects market?

As secretary general of the ICCA, I had occasion to collaborate with lawyers from across the world in academic settings. For instance, I have published reports on the legal systems of these jurisdictions—which not only allowed me to develop a broader perspective, but also to gain a deeper knowledge of common law systems that is often helpful in construction disputes.

As vice-president of the ICC International Court of Arbitration, and a member of the ICC Court, I was often involved in decisions relating to the appointment of arbitrators, as well as challenges to their independ ence and impartiality. Again, being exposed to a wide variety of lawyers and arbitra tion cases enabled me to gain a unique

In my experience, in the last decade, Korean courts tended to be more likely to consider evidence from party-appointed experts, as opposed to strictly limiting expert evidence to court appointed experts, which used to be the case in the past. These party-appointed experts commonly employ international standards and tools to conduct their analysis, including for instance the criteria set out in the SCL Protocol for Delay and Disruption. The use of this approach gives domestic court liti gation a more international aspect.

The Korean courts also take a more proactive role at an early stage of a litiga tion to narrow down the disputed issues, thereby streamlining the process. This also helps immensely reducing the overall duration of the proceeding.

What impact will technological innovation have on the con struction industry over the next five to 10 years?

I believe that technical innovation will very

As the world emerges from the turmoil of the covid-19 pandemic, both the construc tion and energy projects market have huge growth potential. Of course, concerns regarding the climate and the state of the environment that plague these industries will also impact the legal work that we do for industries.

We are currently in a period of unprec edented levels of activity in both the construction and energy markets. In this era, governments and private parties both having committed substantial sums to infrastructure and energy spending (including to fulfil goals regarding renew ables and other new forms of energy). However, there are also significant capacity shortfalls in terms of both labour and materials. The industry has also not recov ered from the economic consequences of the covid-19 pandemic, with contractor insolvencies in particular being at a very high level.

Hence, it is going to be a very inter esting time for the construction and energy

whoswholegal.com/thought-leaders

Have you noticed an increase in the volume and complexity of data processed in construction arbitrations?

How does your previous expe rience as secretary general of the ICCA and vice president of the ICC Court enhanced the skills and knowledge you deliver to practice?

projects market, with many opportunities, but with corresponding difficulties as well.

How would you like to develop your practice over the next five to 10 years?

I am hopeful that our practice will continue to grow at the rate it has grown at in the

last 3 years. We have grown from having 5 lawyers in Asia to having over 25 lawyers in the Asia-Pacific region today. The amount in dispute we are handling now amounts to around US$75.3 billion.

I am most focused on growing our prac tice in a way that allows us to act as counsel in the most complicated, high-value

disputes in the world—irrespective of the jurisdiction they come out of. I would also love to see the next generation of the world’s best arbitration advocates being groomed at Peter & Kim.

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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Fernando Marcondes

Biography

Acting in the legal area for more than 40 years – the last 31 as a construction and infrastructure lawyer – Fernando has worked in arbitration since it was imple mented in Brazil, in 1996 (sitting as arbitrator since 2001). As Brazilian representative at DRBF (Dispute Resolution Board Foundation), he has given several trainings that prepared and certified potential DB members in Brazil and abroad. He has published and coordinated many books about his areas of specialisation.

What attracted you to a legal career as a construction dis putes specialist?

I accepted a job in a law firm in 1991, and they had one great construction company as a client. I began to work with them immediately and started to go to work sites and follow the development of projects, and that environment just took my soul. When arbitration became feasible in Brazil in 1996 and the construction market migrated its disputes to arbitration, I came together, enthusiastically. My first arbitration case as a lawyer happened in 1997 and my first experience as arbitrator took place in 2001, and never stopped.

To what extent has the corona virus pandemic brought about technological innovations in the construction industry?

This terrible episode in our lives had also some good outcomes, after all. One of them is the improvement of technological tools that previously existed, as drone inspec tions, virtual meetings, etc. I am sure that other innovations are about to come specifically when we talk about manage ment tools. The market found out that it is possible to do some management activities remotely, in a cheaper way. And price is everything in the construction business.

To what extent can virtual hearings be relied on to decide high-stakes multibillion-dollar construction cases between parties?

We are doing monthly meetings in dispute boards in great projects. Before pandemics, those meetings were done every 3 months, when we used to visit the sites. So now we

improved the connections, and we are better informed about the works, which is fantastic in my opinion.

In arbitration proceedings, we had no choice but to do only virtual hearings for the last 2 years, and that was ok. At least in my personal experience, there were no reliability issues. Of course, now that we have the option, some hearings will be presential (the most important ones), but virtual hearings are here to stay. Parties are now aware that they can save lots of money, mainly in international cases, avoiding international trips of huge teams of lawyers, assistants, technicians, parts representatives and so on.

Are you seeing any green trends in construction-related arbitrations? Will oil remain a key commodity in construction projects or do you see the use of renewable materials and energy increasing?

I am seeing a huge increase in renew able energy. I believe it is a world trend. Particularly in Brazil, where the energy matrix is 60 per cent hydro and where we are increasing Eolic and Solar matrix (today they are responsible for 10 per cent of our matrix, but it is getting higher and higher every year), renewable energy is definitely where the future is.

What skills are needed to suc cessfully collaborate with counsels, experts and authori ties in different jurisdictions?

Although the construction market is a kind of “universal culture”, it is mandatory to be informed about local culture and law. To go personally to different countries and,

more than that, be present in work sites, is fundamental to have the real sensi bility about the needs of the project and to react in time to solve the difficulties. Construction projects are highly volatile, so you have to be ready to respond.

If you could introduce one reform to construction dis putes, what would it be and why?

I would make dispute boards mandatory to every significant project, no matter if it is financed by a development bank or not. The presence of a board of experienced neutrals not only avoids disputes, but also provides consistent decisions about the disputes and keeps the project in good terms.

How do you think the construc tion market will change in the next five years?

I think that the most important thing that is about to happen is the necessity of Europe to change its energy matrix. The war of Ukraine has exposed the fragility of Europe because of its total dependence on Russia to provide energy. I believe that there is about to be a lot of energy projects in Europe and this has the potential to reduce investment in the infrastructure of developing countries. I hope I’m wrong about this.

What is the best piece of advice you’ve ever received?

“No matter the size or importance of a company, it is made of people. Watch people, understand their needs, take care about them, and think in long term projects to improve peoples’ lives”.

whoswholegal.com/thought-leaders

WWL says: Fernando Marcondes 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”.

Ziad Obeid

Ziad Obeid is a partner at Obeid & Partners. A French-Lebanese inter national arbitrator and counsel, Ziad has been identified among the world’s foremost dispute resolution practitioners. A specialist in Middle Eastern legislation, and a dual-qual ified dispute resolution lawyer with a civil engineering background, Ziad has extensive cross-border experi ence of complex disputes and arbi trations across various industries, including cases brought under bilat eral investment treaties conducted in Arabic, French and English.

How does your breadth of legal training, as well as your engi neering background, enhance your arbitration practice?

Having a civil engineering background is a powerful asset, particularly in the context of construction disputes. Essentially, it allows me to rapidly apprehend the factual technicalities in a given case and get a sense of where the “real issues” lie. Being able to rely on my technical under standing while acting as counsel has been of particular use in assessing my clients’ needs, establishing a case strategy, working with experts and presenting complex technical matters in a way that is easily digestible for tribunals. When acting as arbitrator, my engineering background allows me to quickly grasp the issues at hand, and manage the proceedings in a cost-conscious and streamlined manner.

How does the interplay between common, civil and shariah law affect how contracts are interpreted and applied in arbitrations?

In the Middle East, parties recurrently enter into contracts with common lawinspired provisions that are actually intended to operate within civil lawbased legal systems. In this context, a number of legal concepts are relevant (if not crucial) when dealing with disputes in the MENA region, including, inter alia, good faith, implied terms, abuse of rights, force majeure, the theory of excep tional circumstances and the principle of estoppel. Shariah law can also influence how contracts are interpreted and applied in certain jurisdictions, by providing a framework of key principles that, if not respected, can affect the enforceability of certain contractual provisions. In inter preting such contracts, it is therefore not only imperative to ascertain the intent of the parties, but also to comprehend the implications of the parties’ choice of law and how this affects the way the contract will apply in relation to certain disputed issues.

How integral is cultural aware ness and sensitivity in interna tional arbitration?

As counsel in an international arbitration, cultural awareness and sensitivity can inform how to present a case before a given tribunal. From an arbitrator’s perspective, I believe that having culturally informed tribunal members inspires confidence and can assist the tribunal in taking tangible steps to enhance the prospects of enforce ment of arbitral awards by national courts. Construction disputes, more specifically, involve multiple stakeholders (eg, project owners, contractors, subcontractors, insurers, funders) from a wide range of backgrounds and legal traditions. Cultural awareness and sensitivity is crucial when interacting with these different actors in international arbitration.

In your opinion, how can con struction dispute processes be streamlined?

In my opinion, construction disputes could be streamlined in two principal ways.

First, I think that parties would gain a lot by attempting to prevent disputes by addressing their differences in the course of the project through frank and open communications, partnering or dispute boards. Parties should also consider mediation prior to resorting to more expensive and timely mechanisms such as arbitration. Even if the parties are not able to avoid a dispute, this approach should help them frame the issues which find their way to a tribunal.

Second, construction disputes can be streamlined through the involvement of experienced counsel and arbitrators, using the benefit of their experience to adjust existing procedures to suit the specific needs of a case, and assist with the early identification of key issues for the resolu tion of the dispute.

mitigate risk and manage complex disputes in the MENA region. We see ourselves as the gateway to the MENA region; we have, in our team, experts on Middle Eastern legislation and specialist arbitration practi tioners who are able to blend international best practices with unmatched regional know-how, coupled with an ability to work across multiple languages relevant to a single case.

What is the most memorable arbitration you have been a part of?

Each arbitration case in which I have acted as a counsel, sole arbitrator, chairperson or co-arbitrator has been particularly rewarding in its own way. Cases vary in their complexity and cover a wide range of areas; they have all uniquely contrib uted towards expanding my knowledge and expertise. My interactions with parties from various cultural and legal backgrounds has been particularly valuable. This interplay continues to interest me, and helps me continually refine my approach and adapt my practice of international arbitration.

You have enjoyed a distin guished career so far. What would you like to achieve that you have not yet accomplished?

One of my long-term goals is to empower emerging arbitration practitioners in devel oping countries. While there is still much to be done, I have taken an active role in promoting these initiatives in the Middle East through my work with the CIArb, as chairman of its Lebanese branch.

What is the best piece of career advice you have received?

The best advice I have received was to never stop learning and adapting. In a continu ally evolving legal landscape, with new technology and major events constantly changing the way we do things, this advice has served me well throughout my career.

For over three decades our firm has helped businesses optimise opportunities,

WWL says: Ziad Obeid is qualified as both engineer and lawyer, which peers say is “an exceptional and excellent combination that very few manage to achieve”

whoswholegal.com/thought-leaders

How does your practice distinguish itself from its competitors?

Colin Ong KC

Dr Colin Ong Legal Services Bandar Seri Begawan www.36group.co.uk contacts@onglegal.com Tel: +673 2 420 913

Biography

First ASEAN practitioner appointed Queen’s Counsel (now King’s Counsel) and elected Bencher (Inner Temple). Silk at 36 Stone (London) and Eldan Law (Singapore). Handled over 380 arbitrations as counsel and arbitrator under diverse arbitra tion rules including: AAA / BANI / CIETAC / HKIAC / ICC / KCAB / KLRCA / LCIA / LMAA / MNAC / OIC/ PCA / SCMA / SIAC / TAI / VIAC and WIPO. Ranked as a top-30 arbitration practitioner by Expert Guides: Best-of-theBest (2017-2021). A civil law professor. Described by Legal500 English-Bar Construction (2022) as “a very charismatic advocate who is exceptionally creative”. China Supreme People’s Court ICEC member. Languages include Chinese and Malay/Indonesian.

You are an acknowledged specialist in several areas of practice. What inspired you to specialise in construction law?

Construction disputes generally involve contracts which have many facets, require a good grasp of the governing law and an ability to work with larger teams involved in dealing with the facts as well as the need to deal with multiple expert witnesses. Each construction project and dispute tends to have unique aspects and its own set of problems. I enjoy dealing with the complexities of construction disputes and solve problems from different angles depending on the jurisdiction of the project (civil or common law) and the cultural working backdrop of the countries in which the project is situated.

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

The need to have construction disputes settled in front of experienced construction lawyers and the ability to ensure that all proceedings are kept confidential is attrac tive to the parties. Employers often do not want third parties knowing about a problem with the project while contractors wish to maintain their reputation. Arbitration provides the parties with a forum to have their disputes settled in a final and binding nature without giving rise to concerns that there will be a public impact.

What are the most common sources of construction dis putes and how do you think cli

ents can minimise the risks of them occurring?

Some of the perennial recurring themes of construction disputes involve time line delays; abandonment; quality of the construction; interpretation of scope of works; and disputes over defects of design or build. It would be helpful to adopt prop erly designed standard form contracts or to engage experienced lawyers to make changes to suit the demands of the parties. Well-drafted clauses dealing with scope of works will greatly assist in minimising risks.

How has your role as Chair of Advisory Boards of three national arbitral institutions enhanced your dispute resolu tion practice?

These roles have complemented my practice both as lead counsel and as an arbitrator. The added insight into compara tive data and practices has allowed me to gain more knowledge of the procedures and challenges facing institutions and highlight lacunae in arbitration rules. My interactions with institution counsel and practitioners from different cultural and legal backgrounds has refined my under standing of what constitutes best practices in international arbitration.

What do you consider to be the most challenging aspects for counsel to handle major infra structure projects?

It is important to be able to quickly under stand and identify the core areas of the dispute. Then it is important to be able to sift through and arrange voluminous

materials in a cost-efficient way. Where there are multiple parties involved in an infrastructure project, it is important to analyse which party is responsible for the specific event giving rise to the dispute. In addition to dealing with legal and factual issues, there is a need to keep a grasp on the technical aspects of the case.

As an English Silk, a Civil law professor and a practitioner proficient in Chinese, where would you say lies the future of the practice area in Asia?

There is no doubt that mega-projects including those which are part of the Belt and Road Initiative (BRI) will continue to supply a great source of construction disputes. The future for the practice area is very promising across Asia. Other regions, including the ASEAN, will also continue to generate a lot of construction-related disputes.

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?

I have a great passion and interest in my work and would like to continue to expand my practice to more countries across the world. It is always very pleasurable to see my younger practitioners gain more experi ence and rise in the industry.

What is the best piece of advice you have ever received?

Work hard, remain humble and maintain 100 per cent commitment and focus on one’s work.

WWL says: Colin Ong KC is “highly recommended” by peers for his profound expertise as lead counsel and arbitrator in high-value construction disputes.

whoswholegal.com/thought-leaders

Stefan Osing

Heuking Kühn Lüer Wojtek

Dr Osing was admitted to the German Bar in 1997 and became partner of Heuking Kühn Lüer Wojtek in 2001. He is a recognised specialist in construction law and is head of the real estate and construc tion law department in Heuking Kühn Lüer Wojtek’s Düsseldorf office. He advises German and inter national clients on construction law and real estate transactions mostly on a cross-border aspect. His major projects have included energy and infrastructure projects, as well as large buildings such as cinemas, shopping centres or hotels.

Describe your career to date.

I was admitted to the German Bar in 1997 and became partner of Heuking Kühn Lüer Wojtek in 2001. Since then, I mainly advise construction companies and provide my knowledge and experience to them. I am a frequent speaker and a frequent attendee of ICP, the construction subcommittee of the IBA.

What motivated you to special ise in construction?

I was always fascinated by the complexity as well as the beauty of building constructions.

What did you find most chal lenging about entering the construction market?

I think the most challenging aspect about entering the construction market is devel oping a good technical understanding of the work and the complexity of construc tion sites.

How do you establish a detailed understanding of a client’s business to advise them effectively?

Always bring a sheet of paper and a pen to the meeting. Problems in the construction

industry are most effectively explained if the client can make a drawing. Furthermore, this is important in order to get an accurate overview of the case and its problems.

In which sectors have you seen an uptick or downturn in activ ity recently? What do you think is driving this?

Residential construction has been the most important construction sector for years. This will presumably continue to be the case due to the rising population. The proportion of commercial construction is also rising slightly. This mainly includes municipal utilities if they operate on the market as legally independent companies.

The importance of public construction, buildings that serve public purposes or are predominantly required for the perfor mance of state and municipal functions, has declined significantly in the long term.

How do you think the recent growth in Environmental, Social and Governance (ESG) awareness will impact new construction projects and future transactions?

The prices of essential building materials will rise and more steps will be needed to

implement a construction project. This is especially true for large-scale projects, where legal assistance is irreplaceable.

Looking back over your career, what is the most interesting case you have been a part of?  I worked on several big wind-farm projects in the North Sea and a couple of projects involving gas pipelines.

What advice would you give to younger practitioners hoping to one day be in your position?

Meet people from the industry as well as other lawyers who are practicing construc tion and never forget: it ain’t over ‘till it’s over.

Peers and clients say: “Stefan is an incredibly competent lawyer” “Stefan is excellent for complex construction claims”

whoswholegal.com/thought-leaders

R Bruce Reynolds

breynolds@singleton.com

416 585 8601

Biography

Bruce Reynolds is Co-Managing Partner and Co-Chair of the firm’s international construction projects group. Bruce is certified as a specialist in construction law by the Law Society of Ontario, and is a fellow of both the Canadian and American Colleges of Construction Lawyers. He is listed in Who’s Who Legal, The Best Lawyers in Canada; Chambers Global (band one); Martindale-Hubbell (AV rating), the construction section of Lexpert/ American Lawyer Guide to the Leading 500 Lawyers in Canada; and the Canadian Legal Lexpert Directory.

Singleton Urquhart Reynolds Vogel LLP Toronto

What is the most interesting construction dispute you have been a part of?

Perhaps my most interesting matter was one that involved an offshore mining project. We were acting for an EPCM contractor who had unfortunately been terminated by the mine developer, which precipitated two major ICC arbitrations. The case required the reconstruction of the fact-pattern in regards to a mega-project that stretched back over a decade. There were large populations of documents to review and witnesses to interview in farflung parts of the world: our memorial was about 2,000 pages.

What qualities make for a suc cessful construction lawyer?

A fascination with the construction process itself, and an ability to immerse oneself in the details of structural steel, concrete, dewatering, engineering loads and reac tions and other technical aspects of construction and engineering. You also need the instincts of a detective because when a major dispute crystallises, it involves the narrative arc of the entire project which will span years and requires a team of construction lawyers to figure out what happened. You also need great attention to detail; intellectual honesty; and a love of process.

How has your experience as a fellow of the Canadian and American Colleges of Construction lawyers enhanced your practice?

It has wonderfully enriched my profes sional experience because it has made it possible to exchange ideas with construc tion lawyers throughout North America; and to spend social time with other construction law experts. Construction lawyers, in my experience, share the char acteristic of leaving their ego at the door when involved in professional develop ment events and substantive dialogue on construction law issues. They tend to roll up their sleeves and solve the problem, and they enjoy spending time with one another in part because they share that charac teristic. Both the Canadian and American colleges have contributed greatly to my professional quality of life. I have also been privileged to be involved in the international

construction project committee of the IBA. A very interesting aspect of being part of these organisations is the oppor tunity to share learning from both civil and common law jurisdictions: the compara tive law aspects of these organisations are extremely valuable.

How does Singleton Urquhart Reynolds Vogel distinguish itself from competitors in the market?

My partner Sharon Vogel and I joined Singleton Urquhart Reynolds Vogel LLP on 1 January 2018 to found the new Toronto office of the firm. We joined a very mature and well-respected construc tion law firm led by John Singleton, our managing partner. With the full support of our Vancouver partners, Sharon and I set out to develop a Toronto office that would constitute a construction and engi neering law dream team. We are dedicated to construction and engineering law, along with international arbitration of construc tion disputes, and our subject-matter expertise has translated into widespread market recognition. An important aspect of the firm’s focus is its commitment to intel lectual leadership in the area – including writing, speaking, involvement in industry associations, and taking a direct role in public policy development in the construc tion industry.

You and your firm are very active in working with the Ontario government to mod ernise construction laws. How are these changes going to positively impact construction practice in Ontario?

We are not only extremely active with the Ontario government in modernising construction law, but since early 2018 we have also been working with the federal government of Canada on a very similar remit. The changes that are hoped for as a result of these public policy develop ment initiatives cover two areas. First, the acceleration of ordinary course payments on construction projects; and second, the solution to payment gridlock on trou bled construction projects. As a result of having conducted intensive reviews for both the province of Ontario and the federal government of Canada, including

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widespread consultation, it became evident that the ordinary course-payment cycle of monthly draws had become elongated, such that suppliers and subcontractors were financing large amounts of capital for extended periods of time. It also became evident that where major disputes occurred, payment could be delayed for years, and there was a great sense of frus tration with the traditional legal system. Ultimately, we recommended – and Ontario and the federal government adopted –statutory prompt payment, which should reduce the time lag in respect of ordinary course payments by rewriting the payment mechanisms of construction contracts to shorten the payment cycle. In regard to payment gridlock, we recommended the adoption of a UK-influenced adjudication regime: a first in North America.

What challenges did you face when joining Singleton Urquhart Reynolds Vogel?

The challenges that faced us in opening the new Toronto office were very practical ones. On day one we were four lawyers practising out of premises that were under construction, working off white plastic Ikea furniture. We were recruiting new lawyers and wiping off plaster dust from our keyboards every morning, at the same time as working on our federal prompt-payment report. In addition to the exigencies of recruiting and construction management, we were developing and implementing a marketing programme and, with the constant support of the Vancouver office, addressing the hundreds of details asso ciated with starting up a new office. The burden of these challenges was lightened considerably when we learned in early February 2018 that we had been named Canadian construction litigation firm of the year. Throughout this challenging period our clients were very loyal and under standing, and we gradually succeeded in recruiting the membership of the team we had envisaged for the Toronto office.

Where, in your opinion, does the future of the practice area lie?

From a domestic perspective, prompt payment and adjudication are making their way across Canada from province to province, and this national phenomenon

will have the effect of revolutionising construction law practice in Canada, just as adjudication did in the UK twenty-some years ago. Dispute resolution, formerly a somewhat leisurely stroll for the lawyers involved, will become a footrace requiring the development of significantly different dispute resolution management strategies. From an international perspective, the internationalisation of the construction bar will continue, with a significant focus on mega-projects such as the Belt and Road Initiative (BRI). Initiatives like the BRI will call upon the global reservoir of construc tion law expertise, in procurement, project

shadowing, and dispute resolution. In addition, both domestically and interna tionally, the design of dispute resolution will continue to be a focal point as the construction industry strives for the swift and efficient resolution of construction and engineering disputes. Innovations in construction dispute resolution design will also continue to influence international arbitration.

What has been your greatest achievement to date?

The achievement to which I would point, which is not mine alone, is the design and

implementation of the process that was utilised in the Ontario Construction Lien Act review. When the Attorney General introduced Bill 142 for third reading, he expressed the view that the process which had produced the Construction Act was a model for the development of sophisticated commercial legislation in the future. The bill passed third reading unanimously, and I was able to watch the vote from the visitors gallery of the legislative assembly.

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”

John R Singleton

John R Singleton, KC,

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What has been your most inter esting case so far, and why?

I was involved in the one and only large piece of asbestos litigation in Canada, which was in trial and appeal for more than 200 days. The outcome was somewhat of a surprise to the construction industry and turned out to be a landmark case in many ways. Another example that comes to mind is a tunnel ling case in North Vancouver involving two water tunnels, each seven kilometres long. There were multiple issues with the excava tion of these deep hard rock tunnels, which created a fascinating case involving multiple technical issues and world-leading experts on hard-rock tunnelling, and the use and limitations of tunnel-boring machines.

What is the most challenging part of providing legal advice in major infrastructure projects?

First, the management of voluminous digital materials has become quite chal lenging. In the twin tunnels case we had more than one million digital records to manage. It takes an inordinate amount of time to go through this volume of docu ments and to assemble the skills and tech nology necessary to perform this task in a cost-efficient way. Second, the multiple parties and different disciplines associated with infrastructure projects often present a complex and difficult web to unwind, and then it is a challenge to analyse who is responsible for the event giving rise to the dispute. This again necessitates skilled, targeted identification of legal and factual issues, and of relevant skilled experts to opine on the technical aspects of the case.

You have expertise and experi ence as an arbitrator and medi ator in construction disputes.

What are the key skills to have in these proceedings?

These are quite different roles. As a medi ator, you have to have the ability to keep people talking, and to know how and when to gently nudge them towards a mutually beneficial solution in order to avoid costly, time-consuming litigation and the uncer tainty associated with that. The mediator’s role is to encourage parties to arrive at a

practical and sometimes creative solu tion themselves, and to be cautious, as a mediator, to remain neutral and not enter the fray.

In the case of arbitration it is important, if not critical, to appoint an arbitrator or panel of arbitrators who have the back ground and expertise in the area to be adjudicated. Good arbitrators also usually have experience and knowledge with the legal issues to be encountered, and are quick learners with sharp minds – so they enhance the prospect of a more expedi tious and cost-efficient process.

What do you enjoy most about your current role?

Singleton Urquhart Reynolds Vogel has become internationally renowned as a leader in infrastructure and construc tion law, and it is very exciting to ride that horse as the firm expands further into the national and international marketplaces. Our growth is unprecedented in the history of the firm, and we are attracting very skilled lawyers at all levels who are dial ling into what we have created. This is a very exciting place to be.

What do you think is the most important trend in Canada’s con struction market at the moment?

The most important trend is the sheer amount of activity in the infrastructure and construction markets in Canada, at both provincial and federal levels. We are seeing a lot of pipelines, bridges, hospitals, high ways and major industrial projects being constructed both across the country and internationally, all of which embrace our areas of expertise. As a sign of the height ened activity, many major projects are experiencing difficulty in finding sufficient competition in the procurement process.

On top of this, you have residential and commercial markets that are overheated.

Also, skilled labour shortages, a supply chain low on inventory, and the rising prices which accompany these (and other factors) creates a risky, busy environment.

These roles have enhanced my practice in two ways. First, they have enabled me to keep up with the ever-changing law in this area and to make sure I am not falling behind on the law. It is like going back to school for 10 weeks each session, which I find very interesting and helpful to my prac tice. Second, word gets out that you are doing this and that you are the person to go to for this kind of work because you have taught and written on the topics. Third, and finally, you get face-to-face time with great students in law school who are encouraged to consider our firm when making their career choices. So teaching is beneficial and rewarding on multiple levels.

If you can, find a good bookkeeper. The business aspects of practising law are critically important, so you must have good financial advisers and financial programmes to manage your practice. You must also choose a course for the firm sooner rather than later. General practi tioners are few and far between now. The level of complexity in all areas of the law no longer invites a general practitioner. Expertise is required in all areas and it is important to identify your chosen area of expertise at an early stage of your career.

I would like to continue to expand the firm’s horizons in the national and international marketplace. I have a passion for what I do, so I would like to see the firm expand and make sure it has the basis for a successful life that will continue long after me. We have created something special at Singleton Reynolds, and it is important to me that it continues to expand upon what so many of our lawyers have accomplished together.

Peers and clients say: “John has market-leading expertise in the construction sector”

“He is a formidable construction specialist” “John is at the top of his game”

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How have your roles as adjunct professor of law

at the University of British Columbia and Thompson Rivers University, and visiting profes sor at Stanford, enhanced your practice?

What advice would you give to lawyers looking to set up their own firm?

You have had a very distin guished career to date. What else would you like to achieve that you have not already?

Sharon Vogel

Sharon Vogel is a partner in the construction and infrastruc ture group of Singleton Urquhart Reynolds Vogel LLP. She studied at the University of Toronto (LLB) and the University of Auckland (LLM).

Sharon practises construction and surety law, working primarily on construction disputes relating to major infrastructure projects.

Sharon is co-author of A Guide to Canadian Construction Insurance Law, and is certified as a specialist in construction law by the Law Society of Upper Canada. She is a fellow of the Chartered Institute of Arbitrators and the Canadian College of Construction Lawyers.

What inspired you to pursue a legal career?

What inspired me to think about law as a profession was the intellectual challenges associated with solving problems and being part of a profession that focused on dispute resolution, which is something that always interested me. When I started in my career I did not know that I was going to focus on construction law, but I knew that I wanted to practise some form of dispute resolution.

What do you enjoy most about working on disputes?

I enjoy the challenge of trying to solve complex puzzles, and working with clients closely to resolve the difficult issues that they are facing. Luckily, in the area of construction law the disputes are very interesting, and the clients are a pleasure to work with.

How has the market changed since you first started practising?

I think there has been an increase in specialisation within the legal market in the area of construction law, and you see fewer generalists practising in this area.

There is also an increase in specialisa tion within construction law, in relation to lawyers choosing to focus on frontend contractor work, or disputes work related to construction law. In terms of the changes in the market, varying contracting models are being used on construction projects, and – with the introduction of PPP projects and other forms of contracting –lawyers are adapting their practices to take into account these market changes. I also think that changes in technology have had, and will continue to have, a very signifi cant impact on construction law. You see

already artificial intelligence making an impact on construction law.

What makes Singleton Urquhart Reynolds Vogel stand out from its competitors in the market?

I think it is our focus on construction and infrastructure law that makes us stand out from our competitors. The construc tion industry drives the practice – we work on some of the most complex construc tion cases, and we have the bench strength to handle significant disputes. We have a wonderful team that can pull together to handle all kinds of disputes, as well as front-end contract drafting mandates. This way, we provide cradle-to-grave service for construction mandates.

Why do you think mediation is becoming increasingly popu lar as a form of dispute reso lution within the construction industry?

It is a way to resolve disputes at a fairly early stage without incurring huge expense.

It is also a facilitative process that helps parties to maintain ongoing business rela tionships. In relation to the construction industry, parties may deal with each other over extended periods of time on one large project or on a series of projects, such that maintaining good relationships when disputes arise is important. Meditation can help to preserve those relationships.

How is Ontario’s Construction Act affecting legal practice?

Modernisation provisions will help to make the process of dealing with lien proceedings more efficient. In relation to the prompt-payment provisions, lawyers will need to play a strong role in ensuring that clients comply with prompt-payment

provisions and have internal procedures that allow them to pay within the time frames set out in the Act. For construc tion lawyers, one of the most significant changes in the Act is the introduction of adjudication, which is new in Ontario. So for construction lawyers, this will have a very important impact on their practice in that they will have to adapt to dealing with disputes very swiftly, as has occurred in the UK over the past 20 years.

How is increasing specialism in construction law impacting the legal market?

Increasing specialism is causing a reduc tion in generalist practices. We see firms adopting different strategies, in relation to their construction practices. There is a focus on meeting client needs – lawyers provide a range of services to the industry.

If a client requires front-end help, lawyers help them with contract drafting require ments; if a client needs project-shadowing services for a project, lawyers provide that service. If significant problems arise in the form of claims or disputes, the right specialised members of the legal team are brought in to assist with those disputes. The important thing with a specialism is that you also have available to clients the right ancillary expertise in areas such as immigration and workplace health and safety, so you can provide a full-service offering to construction-industry clients.

What advice would you give to younger practitioners hoping to be in your position one day?

Do what you enjoy. Be open to investigating what areas in the practice of law interest you, then pursue those areas. Find good mentors and champions and learn from them.

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”

whoswholegal.com/thought-leaders

Alex Wagemann

With over 25 years of experience, Alex is a lawyer graduated of the University of Chile and holds a Masters in International Construction from the University of Stuttgart, Germany.  In 2009, he founded WAGEMANN Lawyers & Engineers, an interdis ciplinary boutique firm focused on ADR's, claims and contract manage ment in construction and infra structure, which advises local and international owners and contractors in projects in Latin America, Europe, Africa and the Middle East in sectors such as mining, PPP, public works, industrial and energy. In addition to his duties, he acts as chairman of the Working Group for Construction Contracts at the Paris-based CICA and as member of the DRBF and the IBA, among others.

What qualities make a suc cessful construction lawyer in today’s environment?

The work of a construction lawyer cannot be developed in a theoretical way. It requires real on-site experience, basic knowledge of the construction process and the ability to combine those inputs with contractual and legal reasoning skills. Therefore, it seems to me that the qualities required to be successful are: first, love the work on-site; second, have a deep under standing about how this industry operates and, third, a multifocal vision to know how to combine technical and legal aspects.

What makes Wagemann Lawyers & Engineers stand out from its competitors in the market?

First, we really know the industry from the inside. In fact, we have been participating in high-level committees, working groups and commissions for years, which is why we know the problems and needs of the sector. Second, we are a multidisciplinary team, which is very relevant since the problems under the construction sector require a global perspective that combines technical and legal issues. Finally, we have experience working in more than 15 coun tries, which is very unusual for boutique firms.

What do you think will be the greatest challenges facing construction lawyers over the next five years and how will you ensure you are prepared to face them?

The pandemic conditions have pushed the lawyers in this sector to provide services without personal presence on-site. However, a beneficial aspect of this situa tion is that there has been the opportunity

for local clients to hire specialists from other countries, precisely because virtual working provides a more balanced compe tition between nationals and foreigners. Therefore, it seems to me that the greatest challenges lie in learning to handle the new virtual technologies and understanding that in the future the competition will come from everywhere. We are prepared for this scenario.

How have the economic effects of the coronavirus pandemic impacted the legal market and what will this mean for the con struction industry?

Construction has been globally classi fied as a strategic activity and therefore has not stopped. Hence, our legal market has not been particularly affected; on the contrary, the industry has required a lot of legal support to solve the problems derived from the force majeure clauses and the renegotiation of contracts to adjust the works to the new health conditions. What we have learned is that from now on it will be necessary to re-study the balance of risks in the construction contracts, where the provisions of health and safety, force majeure and hardship will play a prepon derant role in the analysis.

What are the main challenges currently facing those looking to develop construction and infrastructure projects in the Chilean market?

Although the triumph of the "rejection" option –attained at the constitutional referendum held on September– stopped negative changes contained in the proposal, there are challenges that indus tries will have to cope with. For construc tion, the increase in the cost of materials (whereupon the Ministry of Public Works

announced the new readjustment mecha nism for future contracts) and regulatory matters. For the mining industry, water rights and the royalty law project. For energy investments, the processing of new projects, the matrix decarbonisation, the transition towards NCRE and the reform of electricity distribution.

What did you find most chal lenging about opening your own firm?

Breaking the paradigm that lawyers and engineers could not work under the same umbrella. In fact, there are jurisdictions where this combination is not legally permitted. However, in this industry a multidisciplinary vision is essential. Once our clients understood the concept, we were received very well in the market and we were able to grow in the rest of Latin America and Spain.

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?

I am grateful for all that we have got with my partners and with our work team throughout the years. We opened an office in Madrid two years ago and we are doing the same in Central America. What I feel that I have not yet achieved is to gain more experience in other regions, such as the Middle East and Asia. My main motivation is to gain experience of new cultures and different perspectives worldwide.

What is the best piece of career advice you have received?

Have passion for what you do and try to make that passion compatible with your life project. Professional success doesn’t make sense if it is not balanced with time for your family and personal spaces.

Peers and clients say: “He is an excellent expert and a great lawyer” “He is a very strong construction specialist”

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Howard Wise is a partner at

by owners, general contractors,

in large construc

prac tice includes trial and appellate

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co-authored and contrib uted to

is

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president and

What inspired you to specialise in construction law?

As a young lawyer I worked for a boutique law firm that specialised in construction and commercial litigation. The lawyers who I trained under were passionate about the practice and their enthusiasm led me to specialise in the area of construction litigation.

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

Over the past 10 years, arbitration has certainly made its way in to many construc tion contracts. This is not limited to the private sector, but many governmental contracts now require mandatory arbitra tion. In addition, the contracts have detailed provisions with respect to how disputes are to be organised and addressed both during the course of the project and after the project is complete. The major benefit to arbitration is the ability to have a contrac tual dispute brought forward for a deter mination on a much more expedited basis than the ordinary court process.

What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?

A common source of construction disputes is the adequacy of design, especially on large infrastructure projects. Another is changes to the scope of work with asso ciated delay. There is clearly overlap between the two. The best way to mitigate risk relating to design is to ensure that the appropriate resources are allocated to the design process. This involves not only the designer, but also anyone else who has input into the process, be it an

owner, for a design- bid-build scenario, or the contractor, where the delivery model is design-build.

practises, in respect of many diverse topics affecting construction law.

To date, there has been little third party funding of complex construction disputes. I believe the main reason is because the cost involved in litigating a complex dispute is extremely high as the dispute often involves many players in the construction pyramid (owners, contractors and sub-contractors).

As such, the recovery for a third party funder may not be as clear as it would be in two party dispute. Furthermore, issues relating to distribution of trust funds on recovery may also impact third party funding.

If you could implement one reform to the construction dis pute resolution process, what would it be?

Ensure that the ultimate decision maker is required to attend all dispute resolution processes mandated by either the contract or the courts. Dispute resolution often fails because the ultimate decision maker is not present and/or not fully engaged in the process.

How has your fellowship of the Canadian College of Construction Lawyers enhanced your construction practice?

The CCCL brings together leading practi tioners from across the country to share ideas and learn from one another in a collegial setting. The CCCL affords me the opportunity to meet with my counterparts from across the country to share best

Looking back over your career, what is the most memorable case you have been a part of?  I have been fortunate to have been retained as counsel on some of the country’s most complex construction trials and arbitra tions. During one trial, a witness I was cross-examining, failed to show up to court on the second day of the cross-examina tion. We learned he had boarded a plane back to Europe. While I thought my cross examination was going well, I did not think it was going so well that the witness had to leave the country.  He ultimately did return and I completed the cross examination.

What advice would you give to younger practitioners hoping to one day be in our position?  Work contractor’s hours. Early on in practice I learned that some of the best conversations with clients occurred when they had the time to discuss their issues without the time pressures related to having to be on a job site or dealing with specific issues during the regular work day. In many instances, we would spend time discussing matters well before their offices opened. This gave them the time we needed to drill down into the issues at hand. As lawyers, we are part of a special ised service industry, and the best way to service one’s clients is to ensure that you are available to them when they are best able to answer your questions and assist in the advancement of the claims you are dealing with. It makes for long days, but those interactions have been invaluable in both building relationships with the clients and gaining insights into their businesses.

Peers and clients say: “An extremely highly regarded lawyer with exceptional experience in construction, litigation, and arbitration”

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What impact do you think third party funding will have on construction disputes in the coming years?

Thought Leaders in Construction 2022

Australia

Frank Bannon , Clayton Utz

Tim Breakspear SC , Banco Chambers Rob Buchanan , Pinsent Masons LLP

John Cooper , Jones Day Beth Cubitt , Clyde & Co Australia

Mark Dempsey SC , 7 Wentworth Selborne Chambers

Michael Earwaker , Corrs Chambers Westgarth

Phillip Greenham , JBM Advisory

Alex Hartmann , Baker McKenzie Douglas Jones AO , Independent Arbitrator • Q&A

Duncan Miller SC , 7 Wentworth Selborne Chambers Leighton O’Brien , Allens

Peter Pether , King & Wood Mallesons Georgia Quick , Ashurst

John Sharkey AM , Professor John Sharkey AM Bill Smith , Ashurst

Jodi Steele SC , 13 Wentworth Chambers Andrew Stephenson , Corrs Chambers Westgarth Peter Wood , MinterEllison

Austria

Georg Karasek , KWR Karasek Wietrzyk Rechtsanwälte GmbH Emmanuel Kaufman , Wolf Theiss

Bahrain

Paula Boast , Charles Russell LLP Brazil

Júlio César Bueno , Pinheiro Neto Advogados

Thiago Fernandes Moreira , Mattos Filho

Fernando Marcondes , MAMG Advogados • Q&A

Leonardo Toledo da Silva , Toledo Marchetti Advogados

Brunei

Colin Ong KC , Dr Colin Ong Legal Services • Q&A

Bulgaria

Boyana Milcheva , Dimitrov Petrov & Co

Canada Alberta

Jeffrey D Vallis KC , Borden Ladner Gervais LLP

British Columbia

Karen Martin KC , Dentons Canada LLP John R Singleton KC , Singleton Urquhart Reynolds Vogel LLP • Q&A

Ontario

Glenn W Ackerley , WeirFoulds LLP Matthew R Alter , Cassels Brock & Blackwell LLP

Geza Banfai , McMillan LLP

Brendan Bowles , Glaholt Bowles LLP Duncan W Glaholt , Glaholt ADR Inc. Howard Krupat , DLA Piper (Canada) LLP

W Andrew McLauchlin , McLauchlin & Associates

Stanley Naftolin KC CS , Goldman Sloan Nash & Haber LLP

R Bruce Reynolds , Singleton Urquhart Reynolds Vogel LLP• Q&A Richard H Shaban , Borden Ladner Gervais LLP

Sharon Vogel , Singleton Urquhart Reynolds Vogel LLP • Q&A Howard Wise , Goodmans LLP • Q&A

Chile

Oscar Aitken , Carey Juan Eduardo Figueroa Valdés , Figueroa Illanes Huidobro and Salamanca Abogados Elina Mereminskaya , WAGEMANN Lawyers & Engineers

Víctor Ríos Salas , Molina Ríos Abogados Alex Wagemann , WAGEMANN Lawyers & Engineers • Q&A

China

Harry Du , King & Wood Mallesons

Kian Heong Hew , Herbert Smith Freehills LLP Wanhe Ye , Cyan Law

Denmark

Christian Johansen , Bruun & Hjejle Jacob Møller Dirksen , Accura Advokatpartnerselskab

Egypt

Mohamed S Abdel Wahab , Zulficar & Partners Law Firm • Q&A Karim Hafez , Independent Arbitrator

England

Anthony Albertini , Clyde & Co LLP

Rachel Ansell KC , 4 Pump Court

Richard Bailey , Druces LLP • Q&A Ellis Baker , White & Case LLP

Adrian Bell , CMS Cameron McKenna Nabarro Olswang LLP

John Bishop , Arbitration Chambers

Sean Brannigan KC , 4 Pump Court

Phillip Capper , White & Case LLP

Steven Carey , Charles Russell Speechlys LLP

Stuart Catchpole KC , Atkin Chambers

Rupert Choat KC , Atkin Chambers

Adam Constable KC , Keating Chambers Edward Corbett , Corbett & Co

International Construction Lawyers Ltd

Paul Darling OBE KC , 39 Essex Chambers

Sally Davies , Mayer Brown International LLP

Jane Davies Evans , 3 Verulam Buildings

Anneliese Day KC , Fountain Court Chambers

Nicholas Dennys KC , Atkin Chambers Chantal-Aimée Doerries KC , Atkin Chambers

Roberta Downey , Vinson & Elkins RLLP

Tony Dymond , Debevoise & Plimpton LLP

Robert Gaitskell KC , Keating Chambers

Lucy Garrett KC , Keating Chambers

Jeremy Glover , Fenwick Elliott LLP

Nicholas Gould , Fenwick Elliott LLP

Richard Harding KC , Keating Chambers

Simon Hargreaves KC, Keating Chambers

Nick Henchie , Vinson & Elkins RLLP

Alexander Hickey KC , 4 Pump Court

Jonathan Hosie , Mayer Brown International LLP

Jon Howes , Clyde & Co

Simon Hughes KC , Keating Chambers

Riaz Hussain KC , Atkin Chambers

Shy Jackson , Bryan Cave Leighton Paisner LLP

Rosemary Jackson KC , Keating Chambers

Douglas Jones AO , Atkin Chambers

Frances Kirkham CBE , Atkin Chambers

Hamish Lal , Akin Gump LLP

Calum Lamont KC , Keating Chambers

Richard Laudy , Pinsent Masons LLP

Mark Lloyd-Williams , Arbitration Chambers

Simon Lofthouse KC , Atkin Chambers

John Marrin KC , Keating Chambers

Tony Marshall , Hogan Lovells International LLP

Robert Maynard , DLA Piper

Manus McMullan KC , Atkin Chambers

Ben Mellors , HFW

Emily Monastiriotis , Simmons & Simmons LLP

Neal Morris , Pinsent Masons LLP

Alexander Nissen KC , Keating Chambers

David Nitek , Herbert Smith Freehills LLP

Ben Patten KC , 4 New Square

Lindy Patterson KC , 39 Essex Chambers

Caroline Pope , DLA Piper

Sally Roe , Freshfields Bruckhaus Deringer LLP

Vincent Rowan , Reed Smith LLP

John Savage KC , King & Spalding International LLP

Emma Schaafsma (Kratochvilova) , CMS Cameron McKenna Nabarro Olswang LLP

Michael Sergeant , HFW

Audley Sheppard KC , Clifford Chance LLP

Antony Smith , Beale and Company

Solicitors LLP

Piers Stansfield KC , Keating Chambers

Roger Stewart KC , 4 New Square

David Streatfeild-James KC , Atkin Chambers

Marcus Taverner KC , Keating Chambers

Russell Thirgood , Arbitra International

Simon Tolson , Fenwick Elliott LLP

Steven Walker KC , Atkin Chambers

Andrew White KC , Atkin Chambers

Steven Williams , CMS Cameron

McKenna Nabarro Olswang LLP

Jeremy Winter , Independent Arbitrator

John Wright , ArbDB Chambers

Roger ter Haar KC , Crown Office Chambers

Finland

Tuomas Lehtinen , Castrén & Snellman Attorneys Ltd

Emma Niemistö , Merilampi Attorneys Ltd

Marko Wainio , HPP Attorneys Ltd

France

David Brown , Clyde & Co LLP

Michael W Bühler , Orrick Herrington & Sutcliffe LLP

James Castello , King & Spalding International LLP

Charles Nairac , White & Case LLP

Peter Rosher , Reed Smith

Christopher Seppälä , White & Case LLP

Todd Wetmore , Three Crowns LLP

Christophe von Krause , White & Case LLP

Germany

Rouven F Bodenheimer , BODENHEIMER • Q&A

Ralf Leinemann , Leinemann & Partner Rechtsanwälte mbB

Claus H Lenz , LDR Lenz Dispute Resolution

Stefan Osing , Heuking Kühn Lüer Wojtek • Q&A

Karl Pörnbacher , Hogan Lovells International LLP

Andreas J Roquette , CMS Hasche Sigle

Jörn Zons , Friedrich Graf von Westphalen & Partner

Greece

Ioannis Vassardanis , Ioannis Vassardanis & Partners

Hong Kong

Peter Scott Caldwell , Caldwell Ltd

Peter Clayton SC , Parkside Chambers

Ian Cocking , Cocking & Co Donovan Ferguson , King & Wood Mallesons

Glenn Haley , Bryan Cave Leighton Paisner HK

Timothy Hill , Hogan Lovells Anthony Houghton SC , Des Voeux Chambers

Neil Kaplan CBE KC SBS , Arbitration Chambers

Dean Lewis , Pinsent Masons

Charles Manzoni KC , Temple Chambers

Ian Pennicott KC SC , Des Voeux Chambers

Paul Starr , King & Wood Mallesons Steven Yip , MinterEllison

India

Sumeet Kachwaha , Kachwaha & Partners • Q&A

Ireland

Kevin Feeney , A&L Goodbody

Anthony Hussey , Hussey Fraser

Kevin Kelly , McCann FitzGerald Rory Kirrane SC , Mason Hayes & Curran LLP

Niav O’Higgins , Arthur Cox LLP

Conor Owens , A&L Goodbody

Korea

Matthew J Christensen , Kim & Chang • Q&A

Byung-Woo Im , Kim & Chang

Kevin Kim , Peter & Kim • Q&A Mike McClure , Herbert Smith FreehillsForeign Legal Consultant Office

Lebanon

Nayla Comair-Obeid , Obeid & Partners • Q&A

Ziad Obeid , Obeid & Partners • Q&A

Malaysia

Wilfred Abraham , Zul Rafique & Partners

Rajendra Navaratnam , Azman Davidson & Co

Craig Shepherd , Herbert Smith Freehills LLP

Mexico

Roberto Hernandez-Garcia , COMAD SC Netherlands

Rob G T Bleeker , Rozemond Advocaten Sjoerd Rutten , HabrakenRutten Remmert Sluijter , Pot Jonker Advocaten NV Jean-Pierre van Eijck , Spant Advocaten Leendert van den Berg , Severijn Hulshof

New Zealand

Sarah Sinclair , MinterEllisonRuddWatts

Norway

Geir Frøholm , SANDS

Oman

Jamie Kellick , Kennedys • Q&A

Peru

Jaime Gray , Navarro Sologuren Paredes Gray

Gustavo Paredes , Navarro Sologuren Paredes Gray

Qatar

Sultan M Al-Abdulla , Sultan Al-Abdulla & Partners

Matthew Walker , K&L Gates LLP

Romania

Oana Soimulescu , Soimulescu & Partners Construction Lawyers

Scotland

David Arnott , Brodies LLP

Garry Borland KC , Axiom Advocates

Jonathan Broome , Axiom Advocates

Louise Forster , Pinsent Masons LLP

Shona Frame , CMS Cameron McKenna Nabarro Olswang LLP

Colin Fraser , Pinsent Masons LLP

Neil Kelly , MacRoberts LLP

Mark Kirke , CMS Cameron McKenna Nabarro Olswang LLP

Fenella Mason , Burness Paull LLP

Louise Shiels , Brodies LLP

Singapore

David Bateson , 39 Essex Chambers

Christopher Chong , Drew & Napier LLC

Christopher Chuah , WongPartnership LLP

Judith Gill KC , GILL ARBITRATION SERVICES PTE. LTD

Alastair Henderson , Herbert Smith Freehills LLP

Chien Mien Ho , Allen & Gledhill LLP

Emerson Holmes , King & Spalding (Singapore) LLP

Michael Hwang SC , Michael Hwang Chambers LLC

Christopher Lau SC , Christopher Lau

Edwin Lee , Eldan Law LLP

Kim Beng Ng , Rajah & Tann Singapore LLP

Rob Palmer , Ashurst LLP

Mohan Pillay , Pinsent Masons MPillay LLP

Paul Sandosham , Clifford Chance Lip San Soh , Rajah & Tann Singapore LLP

Eugene Tan , Clyde & Co Clasis Singapore Pte Ltd

South Africa

Junaid Banoobhai , Pinsent Masons Rob Morson , Pinsent Masons

Spain

Alfonso Iglesia , Cuatrecasas Pablo Laorden , Lambal Abogados

Sweden

Kristoffer Löf , Mannheimer Swartling Anders Reldén , White & Case Advokat AB Switzerland Geneva

Bernd Ehle , LALIVE

Elliott Geisinger , Schellenberg Wittmer Matthias Scherer , LALIVE Michael E Schneider , LALIVE

Zurich

Samuel Moss , LALIVE Nathalie Voser , rothorn legal Ltd.

Taiwan

Helena HC Chen , Chen & Chang, Attorneys-at-Law

Turkey

Ziya Akinci , Akinci Law Office Yasemin Cetinel , Cetinel Law Firm

United Arab Emirates

Alex Bevan , Shearman & Sterling LLP Mark Blanksby , Clyde & Co LLP

Stephen Burke , Addleshaw Goddard LLP

Nick Carnell , Taylor Wessing (Middle East) LLP

Adrian Cole , Independent Arbitrator

Richard Davies , Bryan Cave Leighton Paisner LLP

Michael Grose , Clyde & Co LLP

Andrew Mackenzie , DLA Piper Middle East LLP

Claire Miller , Beale & Company (Middle East)

Erin Miller Rankin , Freshfields Bruckhaus Deringer LLP

Michelle Nelson , Reed Smith LLP

Suzannah Newboult , DLA Piper Middle East LLP

Dean O’Leary , Independent Mark Raymont , Pinsent Masons LLP

Paul Stothard , Norton Rose Fulbright (Middle East) LLP

Jonathan Sutcliffe , K&L Gates LLP Paul Taylor , Eversheds Sutherland

Thomas Philip Wilson , Squire Patton Boggs (MEA) LLP

USA California

Howard Ashcraft Jr , Hanson Bridgett LLP

Deborah S Ballati , JAMS

David Buoncristiani , Hanson Bridgett LLP

Eileen M Diepenbrock, Diepenbrock Elkin

John Foust , Ralls Gruber & Niece LLP

Kenneth C Gibbs , JAMS

Marion T Hack , Troutman Pepper LLP John R Heisse , Pillsbury Winthrop Shaw Pittman LLP

Marilyn Klinger , SMTD Law LLP

Bennett J Lee , Varela, Lee, Metz & Guarino, LLP

Daniel D McMillan , Jones Day

Joseph F Moore , Hanson Bridgett LLP

Stephen V O’Neal , King & Spalding LLP

John Ralls , Ralls Gruber & Niece LLP

Charles M Sink , Farella Braun + Martel LLP

Clark T Thiel , Pillsbury Winthrop Shaw Pittman LLP

Richard J Wittbrodt , Gibbs Giden Locher Turner Senet & Wittbrodt LLP

Colorado

L Tyrone Holt , The Holt Group LLC

District of Columbia

Adrian L Bastianelli III , Peckar & Abramson PC

Michael A Branca, Peckar & Abramson PC John M Cook , Fox Rothschild LLP

Andrew D Ness , JAMS International

Stephen M Seeger , Cozen O’Connor

Stephen Shapiro , Holland & Knight LLP Barbara Werther , Troutman Sanders LLP

Joseph D West , Gibson, Dunn & Crutcher LLP

Florida

Steven Lesser , Becker & Poliakoff PA

George J Meyer , Carlton Fields

Steven M Siegfried , Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA

Stuart Sobel , Siegfried Rivera Hyman Lerner De La Torre Mars & Sobel PA

Gary M Stein , Peckar & Abramson PC

Patricia Thompson , JAMS Miami Resolution Center

Wm. Cary Wright , Carlton Fields

Georgia

Jennifer W Fletcher , Eversheds Sutherland

Randall F Hafer , Kilpatrick Townsend & Stockton LLP

Eric Nelson , Smith Currie & Hancock LLP

A Elizabeth “Lizz” Patrick , Patrick Law Group LLC

John I Spangler III , Alston & Bird LLP

Neal J Sweeney , Jones Walker LLP

Illinois

Daniel S Brennan , Laurie & Brennan LLP

Ty D Laurie , Laurie & Brennan LLP

Kenneth M Roberts , Venable LLP Steven G M Stein , Stein Ray LLP

Indiana

Terrence L Brookie , Frost Brown Todd LLC

Louisiana

H Bruce Shreves , Simon Peragine Smith & Redfearn

Massachusetts

Deborah S Griffin , Holland & Knight LLP

Wendy Kennedy Venoit , Hinckley Allen Snyder LLP

Minnesota

Philip L Bruner , JAMS International Marvin T Fabyanske , Fabyanske Westra Hart & Thomson PA

Mark J Heley , Heley Duncan & Melander PLLP

Patrick J O’Connor Jr , Faegre Drinker

Biddle & Reath LLP

Dean B Thomson , Fabyanske Westra Hart & Thomson PA

New Jersey

Andrew Carlowicz , Hoagland, Longo, Moran, Dunst & Dukas LLP

Steve Cohen , Tesser & Cohen Dennis J Drasco , Lum Drasco & Positan LLC

Charles Kenny , Peckar & Abramson PC

James H Landgraf , Dilworth Paxson LLP

Robert J MacPherson , Cokinos|Young

Suzanne M. McSorley , Stevens & Lee PC

Bruce D Meller , Peckar & Abramson PC Michael S Simon , Flaster/Greenberg PC

Lee M Tesser , Tesser & Cohen

New York

Sarah Biser , Fox Rothschild LLP Steven M Charney , Peckar & Abramson PC

Paul Monte , Peckar & Abramson PC Carol J Patterson , Zetlin & De Chiara LLP

Robert S Peckar , Peckar & Abramson PC

Howard M Rosen , Peckar & Abramson PC

Robert A Rubin , Construction Disputes Avoidance & Resolution

Michael Zetlin , Zetlin & De Chiara LLP

North Carolina

Harper Heckman , Nexsen Pruet PLLC

Ohio

Jeffrey Appelbaum , Thompson Hine LLP

John Petro , Williams & Petro Co LLC

Texas

William K Andrews , Andrews Myers PC Joseph Canterbury Jr , Canterbury, P.C.

Gregory M Cokinos , Cokinos|Young

Allison J Snyder , Porter Hedges LLP

William B “Ben” Westcott , Andrews Myers PC

Fred D Wilshusen , Thomas, Feldman & Wilshusen, L.L.P.

Virginia

Shannon J Briglia , BrigliaMcLaughlin PLLC

Christopher Burke , Varela, Lee, Metz & Guarino LLP

Shelly L Ewald , Watt Tieder Hoffar & Fitzgerald LLP

William E Franczek , Vandeventer Black LLP

Donald G Gavin , Gavin ADR LLC

Joseph Guarino , Varela, Lee, Metz & Guarino LLP

Lauren McLaughlin , Smith Currie & Hancock LLP

Val McWhorter , Smith Pachter McWhorter PLC

Richard F Smith , Smith Pachter McWhorter PLC

Paul Varela , Varela, Lee, Metz & Guarino LLP

Washington

James Nagle , Oles Morrison Rinker & Baker LLP

Douglas Oles , Oles Morrison Rinker & Baker LLP

Wisconsin

Robert J Smith , Akerman LLP

THOUGHT LEADERS Construction 2022

Experts

Mike

a chartered

has over 35 years’ experience

and has worked inter nationally for many years, with the last 19 years being based full-time in Hong Kong. Aside from Hong Kong

China, he has extensive

internationally having worked in the UK, Ireland, Mainland Europe, Middle East, North and South Africa, Asia and Australasia.

as a quantum

and

for both

with

I believe that there are two key develop ments, with the first being how the expert analysis is undertaken and the second is in how that expert opinion is used by tribunals.

The biggest single development for expert analysis has been through the growth and development of technology. The systems, software and use of electronic data combined with much larger project disputes requires the use and analysis of a much larger and more expansive data set. This in turn directly assists the expert in extracting the relevant data points to enable the opinion to be framed. The technology doesn’t change the underlying expert strategy, but this combined with the careful use and application of technology significantly improves the scope of the opinion and underlying data relied upon. It also means less paper in the expert reports as well as in the hearings, where technology is equally been applied.

The second development area is the growing trend of experts to be actively engaged by tribunals as part of the process, where tribunals directly seek the assis tance of the experts and shape the time table and process to support this approach.

Experts report a trend across multiple jurisdictions where governments take increasingly unilateral action in relation to natural resources contracts. How is this impacting the type of work you’re seeing and how can it be addressed?

Of course, it would not only be project by project but also be jurisdiction sensitive, however, it would appear that traditionally the lump sum contracting and total risk transfer, with contract provisions typically reflecting this style of approach is common practice. Typical subcontracts also do not appear to contain back to back provi sions consistent with the main contract, which can be the source of some matters in dispute. The impacts of such would be to cause disputes up and down the supply chain. More recently there is some

evidence that some of the government/ quasi-government bodies are turning away from this traditional approach and adopting a more collaborative style of contracting by using the NEC suite of contracts, which is not an instant answer to the style of procurement, but there is no doubt that a more collaborative and joint action contract assists in minimising the type of conflicts that result in major arbitrations.

such that some form of non-binding expert determination/third-party facilitation with a report are helpful variants seen in the market.

The approach of the expert is no different irrespective of who is instructing the expert, and the declaration is the same for either party. However, there is no doubt in my experience that the extent of any work required, is typically more extensive when acting on behalf of the claimant.

The reason for this is that as the expert analysis develops, the sourcing and piecing together of the substantiation that the claimant has in support of its claims, can be a little more involved. Whereas, when being instructed by the respondent, you are typically reviewing the information that has been collated by the claimant’s expert.

This of course is on the assumption that there is no extensive counterclaim from the respondent.

It has been noted that media tion is increasingly popular as a dispute resolution mechanism in the construction sector. Why do you think it is becoming more popular?

This is because aside from any contrac tual requirements to progress the dispute mechanism, there are a number of commercial and practical factors, which include parties wishing to exploit the speed and reduced cost of progressing to arbi tration, the desire to retain control of the process, the ability to be able to shape the process and timelines, the ability to quickly capitalise on the current project knowledge  and people that is proximate to the cause of the dispute and to potentially introduce forward-looking agreements into any mediation settlement.

There are also some hybrid approaches that are being used which capitalise on the skills and expertise of the mediator,

whoswholegal.com/thought-leaders

There does not appear to be one single type of claim from covid-19 events that seems to be evolving. However, the contracts will to a certain extent dictate the shape of some claims, and the risk balance and actual impacts acting as key ingredients.

The claims that appear to be linked to typical covid-19 events are extension of time, prolongation and delay and disrup tion. Along with discrete events if compen sable under the contract, such as delayed site access, labour and material shortages and the like.

Aside from any contractual claims, the typical breach and damages claims, do generally seem to be losses claimed from a breach of employer obligations and in the extreme a whole myriad of different types of termination claims.

As a firm we are always looking to expand the scope of services, in terms of depth and range that we are able to offer our clients and given that a significant proportion of our instructions are repeat clients, then enhancing our delivery and skill set plat form to better serve any client need, would always seem to be a positive step. We will continue to grow and develop, only where the best experts fit our brand, culture and vision, and its very pleasing to see that both EI and Versant fit that criterion very well.

I have had limited experience of using this form other than being able to say that it

What has been the great est methodological change to expert analysis you have noticed since you started prac tice? How do you think these could evolve in the near future?

What are the key differences between acting as a quan tum expert for claimants and respondents?

Are there particular kinds of damages claims that covid-19 has exacerbated in construc tion disputes?

Secretariat recently acquired Economics Incorporated and Versant Partners. How do these acquisitions fit into Secretariat’s goals for the next five years, and enhance its cur rent expert services?

How has the new Emerald Book (Conditions of Contract for Underground Works) from International Federation of Consulting Engineers (FIDIC) impacted the market?

appears FIDIC are again releasing another version to address a market need. There is no doubt that a substantive proportion of disputes are caused by the vagaries of ground conditions, are often a key feature of any construction dispute, and so any step toward improve the contracting relation ship and management and sharing of such risk, would always be seen as a positive step forward for the industry.

Your career to date has been outstanding. What would you like to achieve that you have not already?

That’s very kind of you to say so, but with the continued evolution of ADR processes, the increasing complexity of the projects, combined with the bright and very enthu siastic team members I am lucky enough to work with, there is no single standout

objective (aside from a scratch round of golf!). I would say that its to continue to strive to improve in every aspect of my daily practice across all of the areas mentioned above, which would enable me to challenge myself and my colleagues to build upon the achievements to date.

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”

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David Atkinson

Biography

David is a civil engineer with over 28 years of large scale and complex construction project expe rience, gained whilst working for both leading design consultants and construction contractors. He regularly advises on planning and programming issues on major projects throughout the Middle East and Africa. David has acted as a plan ning and delay expert in arbitration proceedings, having provided oral evidence (under cross-examination) and concurrent evidence therein.

Looking back over your career, what has been your most inter esting case to date and why?

I would say that my most interesting case to date concerned the construction of a nuclear power station. The contractor was to build a power station abroad, replicating one it had previously built in its home country. Simple really, just build another one! Not really - things did not go as expected and a large loss of productivity occurred during construction compared to the homecountry station. The different construction techniques and capabilities were not readily transferrable across countries and cultures, resulting in a marked loss of efficiency.

Coupled with this there were significant design changes implemented by others to make the power station operate efficiently in an entirely different climate. There were also delays in the provision of materials to the contractor. Whilst this project was an interesting project from a construction perspective it was also interesting from analysis point of view, in that large quanti ties of production and manpower data had to be assimilated, reconciled and compared in order to assess the loss associated with each of the competing, and intertwined, disruption factors.

What do you enjoy most about your role as a construction expert?

I have had the pleasure of working on a wide variety of project types, alongside people from diverse backgrounds with wideranging skills. As such my role allows me to learn and develop everyday. Also, although delay/disruption events can tend to follow repetitive themes, the factual story that lies beneath makes each event unique, often with interesting twists and turns, including different perceptions based on the same facts. I can honestly say I can’t remember when I last had a boring day at work.

Construction cases are becom ing increasingly complex with

immense amounts of data to analyse. How are experts addressing the challenges posed by these changes to give effective analyses?

Delay experts tend to rely primarily on as-built data, progress information, and information on the timing and effect of delay events. Whilst projects may be becoming more complex, the type and volume of progress records has not, in my opinion, changed significantly. Locating, compiling, reviewing and presenting the relevant records is key. For this, experts can use many tools such as document management systems, software to covert pdf scans into useable spreadsheet files, programme comparison software, pivot tables, databases and 4-D computer modelling.

In what ways does your training in maritime civil engineering strengthen your practice?

My engineering experience allows me to ensure that my concluded opinions pass a common-sense test. It also allows me to focus my investigations efficiently and interrogate the areas that really matter.

What are the keys to success fully representing employers versus contractors? Are there any significant differences?

Whilst there may be some differences regarding the information available to the expert and with differing perceptions on the claims, there is, in my opinion, not a significant difference to representing either party. In both cases the basis of the expert’s opinion is to be set out clearly, so that it can be readily understood by the parties and by the tribunal.

What is the most challenging aspect of working on major civil engineering projects?

For me as a delay expert the most chal lenging aspect of working on any project,

including major civil engineering projects, is identifying the location of the project critical path. This issue is pivotal in delay cases and hence many project participants tend to have strong preconceived opinions. It is important to understand the basis, and credibility of those opinions, against the documents available and against common sense. Some of proffered opinions may be well rationalised and supportable on the evidence, whereas others are simply founded on a gut feel or even wishful thinking. An expert needs to clearly explain why any concluded opinions differ from those expressed by its client.

What are the advantages and disadvantages of more inter national opportunities in the construction market?

The physical proximity to my clients and their projects does not significantly influ ence my work. Videoconferencing and file transfer systems allow my work to be progressed effectively and efficiently. Notwithstanding, international oppor tunities may present some communica tion barriers which can prolong the time required to carry out the work. Depending on the maturity of the dispute market, I also find that expectations as to the information, time, and effort required to conclude an expert opinion may not be aligned and need to be managed.

What is the best piece of advice you have received?

‘Don’t assume something is correct just because someone says so’. As an expert, one is often provided with opinions that have been advertised as ‘facts’, or with ‘facts’ for which no supporting evidence has been provided. Facts are the foun dation of any expert analysis. If the facts are wrong the analysis will be wrong. It is important that each fact presented to you is tested and not simply accepted, otherwise your opinion may be easy to undermine.

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”

whoswholegal.com/thought-leaders

Kenneth R Baker

Biography

Ken has over 40 years of experi ence as a registered professional engineer and a licensed general contractor. His varied, hands-on project experience provides a strong basis for over 180 expert appoint ments regarding delay, disruption and quantum matters. Ken develops expert reports and provides expert testimony in arbitration, litigation and mediation. He specialises in complex construction claims related to delay, lost productivity, accelera tion, disputed contract scope and extra work, professional practice issues, construction defect matters and claim damages.

The construction industry often turns to arbitration for dispute resolution. What steps are courts taking to offer a rival forum for dispute resolution?

The courts remain the dispute resolu tion venue of final resort but now media tion is routinely required by most courts. Skilled construction mediators are effec tive in resolving many types of disputes. Mediation offers the parties a cost-effective alternative to trial which proceeds on a much slower, more expensive track.

What challenges do you face with the increased volume of data being used in disputes?

Finding the needles (significant documents) in the document production haystack has become very challenging as the size of the haystacks (volume of data) have grown. The ubiquitous use of e-litigation software has helped experts address this challenge.

What other challenges arise as a result of projects becoming more complex and multidisciplinary?

Challenges breed opportunities – as projects have become more complex, a cornerstone of HKA’s strategic business plan is now to provide multiple experts of different technical disciplines on large or complex projects – few industry competi tors can deliver the breadth and depth of expertise that HKA delivers to clients.

To what extent is virtual work ing an effective way of conduct ing construction-related expert work?

Expert work has always been reasonably transportable with collaborative work groups spread across different offices in different geographic locations to take advantage of the best available expertise, wherever it resides. Virtual work has only reinforced work processes that were already well estab lished within the expert community.

How has remote working during recent times affected

your relationship with clients, if at all?

Among clients who know us well, there seems to have been no major adverse effects. Virtual/remote work is an external factor impinging on our existing client relationships and we all are working together under similar circumstances to address the same challenges as best we can. Among clients who don’t know us as well, the routine adoption of Teams/Zoom has provided an unexpected new oppor tunity with virtual face-to-face meetings frequently used for client interviews and progress meetings.

What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

First, have a thorough understanding of your expert role and responsibilities and clearly know where the scope of your expert retention begins and ends. I call this ‘staying within your lane.’ Retaining counsel may look to stretch your expert opinions into areas that are advantageous to them on the case but may be outside your exper tise or that may otherwise compromise your expert credibility. These are common situations for testifying experts, so we learn to recognise and handle them diplomati cally while still protecting our impartiality and independence. With your career at stake, no one case takes priority over your integrity as a testifying expert. Experienced testifying experts have learned they will always face issues that test our objectivity, independence and frequently our patience. Many issues/events/situations are outside of our direct control. What is in our direct control is how we react and choose to handle these situations. My advice to young experts: work on your demeanour so you can proceed deliberately and calmly in a manner that reinforces your impartiality and objectivity – and most importantly, don’t lose your sense of humour.

is many faceted – which is why this is a hard job to do well. First, clients want and deserve a testifying expert who is a clear, compelling communicator – in oral and written communications. Effective testi fying experts take very technical, often mind-numbing, subjects and convey them in understandable and interesting ways to judges, arbitrators and juries. For successful testifying experts, this is in our DNA. Second, clients want and deserve experts with considerable industry experi ence and technical expertise. That’s why we can represent ourselves as experts and why our expert opinions are afforded extra weight by triers of fact. Third, clients need experts with independence, objectivity and integrity, as previously discussed. They already have advocacy covered with their attorneys so someone on the team needs to seek and speak the truth. This is the foundation of prudent business decisionmaking which helps clients avoid investing large sums of money in longshot cases. Finally, dispute resolution process experi ence is an underrated but extremely impor tant attribute for experts. This experience helps ensure successful client outcomes because the expert team is better prepared for whatever inherent challenges it will face.

The role of an effective testifying expert

Some of the same challenges as we’ve had in the past – finding and developing exceptional talent in the expert community. This has always been and will always be the foundation of successful businesses. The HKA solution is two-fold. First, build brand integrity – walk the talk and strive to be the employer of choice for talented individuals seeking exceptional opportunities to build satisfying professional careers. Second, as a global firm, passionately pursue equal ity-diversity-inclusion policies in the work place to the benefit of today’s employees and future employees.

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”

whoswholegal.com/thought-leaders

What do clients look for in an effective expert witness?

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

David Barry

David Barry is one of the world’s preeminent 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 construc tion management and delay expert, and is renowned for his independ ence and integrity. David has over 30 years of programme, project and construction management expe rience, spanning a wide range of industries that include major civil, commercial, environmental, indus trial, institutional, process and

Describe your career to date.

Educated in Ireland where I qualified as a quantity surveyor, I quickly switched my focus to project management. I moved to New York after graduation and worked on a variety of large-scale projects in many different roles, including construction manager, project manager and planner.

In 1995 I was transferred to London to head up the European division of a major US construction management business.

In 1999, I co-founded consulting company Precept, which provided project manage ment and project finance consulting services. From this point forward, I became more involved in the delivery of independent expert witness services on project management and/or scheduling matters, all the while maintaining my involvement in live projects. Precept was acquired in 2006 by a large US practice.

In 2008 I completed a graduate diploma in law. In 2009, I founded Blackrock.

What motivated you to focus your practice on the construc tion sector?

The practical and physical aspects of this industry really appealed to me, and I was fascinated by the intersection of construc tion technology and management sciences.

How has the role of construc tion experts evolved since you entered the market?

The two biggest changes relate to tech nology, one progressive and one regres sive. On the progressive side, the volumes and types of data, as well as the tools with which to organise and analyse such information, have increased exponentially. This usually means that the riddles can be solved. Happily, on the regressive side, the industry has moved significantly away from the “dark arts”-type theoretical delay analyses which dominated in the 1990s and 2000s.

What are the main challenges currently facing experts when conducting concurrent delay analyses?

Semantics. In particular, whether an activity and/or event needs to be on the critical path(s) to be treated as concurrent.

In your opinion, are dispute adjudication boards the future of construction disputes?

They are one of several very useful dispute resolution tools that the industry has avail able to it. They don’t suit every circum stance but can be very effective in some

of the larger-scale and more complex projects. I definitely think one great advan tage of the DAB system is the presence of significant technical experience and skills on the panel to complement the obviously necessary legal skills. Another advantage is the earlier intervention that is promoted by the DAB process.

What qualities make for a good expert witness in the construc tion industry?

High technical competence, integrity, dili gence and the ability to communicate.

What advice would you give to younger experts who hope one day to be in your position?

Collect experience, be curious and never compromise on your independence.

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”

whoswholegal.com/thought-leaders

Manus Bradley

Biography

Mr.

is a managing director of Secretariat. He has over 21 years’ experience in large scale construc tion and engineering projects as a project engineer, project scheduler and delay analyst. He acts as an expert advisor and expert witness in matters concerning project delay, disruption and acceleration. He has provided independent expert opinion on major construction projects that have failed to meet schedule expec tations in Europe, Middle East and Africa in a variety of

What motivated you to special ise as a construction expert?

I find forensic delay analysis and gaining an understanding of what delayed construc tion projects very interesting. Specialising as a construction expert also allows me to carry out analysis on large, complex, and varied projects.

Looking back over your career, what is the most interesting construction dispute you have been a part of and why?

All disputes can be interesting for various reasons, it can be the uniqueness of the project, or the individuals you meet who are also involved in the dispute. I believe that there was a lesson to be learned in every construction dispute that I have been involved in.

What has been the great est methodological change to expert analysis you have noticed since you started prac tice? How do you think these could evolve in the near future?

Although software development has allowed for large amounts of data to be assessed much quicker, I think analysis of the project delays has not changed signifi cantly over the years. Experts still apply the same methodologies, and still rely on the same project records (programmes, progress records, site records etc.) to form opinion as to what critically delayed the project.

I think delay analysis in the future could evolve to reliance on BIM 4D models as more projects adopt BIM modelling. These 4D models in my opinion would be easier to understand for the non-construction professionals than the typical programmebased delay analysis which is frequently seen today.

What is it about your role as a construction expert that you enjoy most?

The challenging nature of the job where I am asked to provide opinion on complex construction projects. I also enjoy the variety of projects that I have exposure to and the various people I interact with on a daily basis. It's never boring, as no two days are the same.

How important is it that con struction experts have handson experience in construction projects, as you do as a project engineer?

I think it is very important, hands-on expe rience provides the expert with and under standing of how things are built and how a construction site operates with the various stakeholders. Hands on experience also allows for a good understanding of the common issues that frequently arise on a construction project.

I think to some extent, hands on expe rience is necessary to add weight to your opinion as a construction expert. Some might ask how you can be a construction expert having never had that hands-on experience in construction projects.

What challenges are you seeing occur frequently in construc tion projects at the moment, and how can they be best addressed?

Quite often when I am appointed as a construction expert, the client has already formed a pre-determined opinion on what happened, and what their entitle ment is. Unfortunately, due to either, the poor quality or lack of records, the project records do not always support the client’s opinion.

In my experience, contractors are focussed on completing the project rather than ensuring accurate contempora neous records are kept, records which are required to support a claim should a dispute arise. I recall during my own time on site, I did not fully understand the importance of accurate contemporaneous record keeping. It is only when a dispute arises do these contemporaneous become significantly more important.

I think parties should ensure that accu rate, detailed contemporaneous records are kept during the project in the event of a dispute arising.

How do you see your practice developing over the next five years?

I believe that with the continued invest ment in infrastructure projects globally, there will be an increased requirement for construction experts to provide inde pendent opinion to the parties involved in these projects.

What advice would you give to new practitioners hoping to one day be in your position?

There will undoubtedly be times when you will come under pressure to forego your independence, particularly for a new practitioner who is eager to impress their instructing lawyers or a client.

I think the most important advice I would give to someone starting out on their journey as a construction expert, is to ensure you always retain your inde pendence, and always remember that you are there first and foremost to assist the tribunal.

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”

whoswholegal.com/thought-leaders

Jas Cheema

Biography

Jas Cheema is a managing director of BRG. He works globally providing quantum expert opinion relating to the calculation of and approach to damages and valuation of construc tion works. Jas has over 20 years of construction experience and has testified in litigation, arbitration and mediation proceedings (including witness conferencing) as quantum expert across Europe and Asia. Jas holds a BSc (Hons) in civil engi neering commercial management and a MSc in construction law.

In your experience, to what extent are virtual/hybrid hear ings as effective at examin ing experts and/or witnesses compared to their in-person equivalents?

This calendar year, I provided expert testi mony several times in virtual settings for litigation and arbitration proceedings and set out below are some of my thoughts of the process compared to in-person equivalents:

I found virtual hearings to be incred ibly efficient and to me, speeded up the process of giving evidence particularly where the expert is taken to documents. The in-person equivalent would involve the expert being taken to physical documents and bundles and then being asked to locate a specific page/paragraph whereas in the virtual setting, counsel can instantly call to the screen the relevant document/passage and you can also have a split screen where two documents can be compared simul taneously. This also ensures everyone is looking at the same document.

The platform used to host a virtual hearing makes a big difference. I testified across various platforms and for me there was one clear winner. However, I do note that the skill of the platform host/operator plays a big part in how efficiently and effec tively a given platform operates.

In terms of cross-examination, did I find it different to in-person settings? For me, preparation is key, and I approached this the same as I would for an in-person setting. Once sworn in and the questions begin, for me it made no difference whether the setting was virtual or in-person as the process takes over. If anything, as you are instantly taken to documents, there is less time to formulate in your mind the direction

of travel of the questions and therefore, as I noted earlier, preparation is key.

One clear advantage of virtual settings is accessibility. Particularly for members of your team who may not be able, or allowed, to attend in-person hearings due to geography or other constraints. For the development and growth of future experts the ability to attend hearings is vital to help understand processes, procedures and to learn what is expected from an inde pendent expert witness.

Virtual settings must have a positive effect on the environment where travel (and associated emissions) is to a large extent eliminated. By way of example, on a recent engagement opposing legal teams and parties were all based in different countries as well as all three members of the tribunal, the move to a virtual setting alleviated the requirement for all involved to travel to a single place (where none of those involved where based) to undertake an in-person hearing.

One word of caution – a successful virtual hearing is heavily dependent on a stable and reliable internet connection!

What did you find most chal lenging about becoming a tes tifying expert, and what tips would you give to younger prac titioners hoping to gain their first appointment?

Before testifying, one of the biggest challenges facing young practitioners is getting their first appointment as an expert witness. It can be difficult to get that first appointment if the first question you are asked is ‘how many times have you been appointed as an expert witness’. The chal lenge doesn’t stop after your first appoint ment as the next step is to testify and a

significant proportion of disputes settle before a hearing or trial commences and if you do manage to testify, you will find your self being asked in future expert appoint ment interviews ‘how many times have you been cross-examined’.

My advice to young practitioners is to remember and recall the experiences you may have as a named individual providing support for an expert witness, your experi ence in those roles, your interactions with clients and legal teams and your experi ence of attending hearings/trials. Your role of assisting an expert can help demon strate your ability in front of both lawyers and clients which only adds to your cred ibility. Look to other routes of appointment which may be less onerous, for example, adjudication settings or jointly signing an expert report alongside a more established expert. Relationships are key, particularly with law firms as they are, often, tasked with sourcing expert witnesses on behalf of their clients.

What do you enjoy most about your role as a quantum expert?

One thing I enjoy about my role as a quantum expert is the variety of projects that I get involved with. From residen tial projects, stadiums and paper mills in Europe to airports and metro projects in Asia. However, what I enjoy most is passing on my experiences and helping to mentor and guide those wanting a career in dispute resolution and more specifically, expert witness services. I am fully aware that I would not have achieved what I have without strong, positive role models and in a way, I am just trying to pay that forward to the next generation of experts.

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”

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What do you enjoy most about your role as a construction expert?

To organise the FTI Consulting team members in order to use their skills, talents and knowledge to assist in conducting the analyses of the relevant documents and data related to an engagement’s issues. This affords the opportunity for me to further develop the team members’ knowledge, while attaining the findings necessary to develop the opinions to be expressed. In addition, I enjoy the interac tions with the legal firms, other experts and the client to complete assessments of the issues present in a matter. Lastly, I enjoy being able to bring recommendation of process improvements to the clients.

How has the construction market changed since you started practising?

In large part, the segments of the construc tion market have contracted via mergers and joint ventures. The expert market evolved from a smaller and fractionated one into one that is larger and more inte grated. Rollups of consulting and advi sory service practices have expedited this process. Technology advances, AI, machine learning and advanced data analytics have altered the ways we conduct our efforts.

What are the most common sources of construction dis

putes and how do you think cli ents can minimise the risks of them occurring?

Incomplete and inadequate design and specifications for projects or development are among the most common sources of disputes, in addition to inadequate project execution by the contracting community. Mitigation of these risks can be accom plished by modifying contract terms and conditions, taking a team approach to resolving in a timely manner issues raised by the contractor or subcontractors, and diligent exception reporting of project progress – early identification of project execution issues.

What opportunities and chal lenges are currently being pre sented to the next generation of experts entering the construc tion sector?

Finding qualified individuals who desire to be consultants and advance to testifying experts or leaders of their respective disci plines is always a challenge, combined with the firm’s ability to train, grow and retain personnel/talent.

How do you see technological advances affecting construc tion delay claims?

The continued advancement of real-time data capture, analyses, and evaluation should reduce delay issues. How the

greater community adapts or otherwise looks to implement programs or proce dures to address unique factors such as covid-19 and its eventual variants will also be a factor.

What are the greatest chal lenges that construction experts will face in the next five years?

Finding and retaining talent will be a chal lenge, in addition to being able to adapt and incorporate technological advances concurrently with the construction industry.

What is the most rewarding aspect of working as a con struction expert witness and why?

I enjoy being part of the process that attains a successful resolution prior to trial. While live testimony is the ultimate experience, meaningful settlement brings a strong sense of pride that you are a key part of that process.

What is the best piece of advice you’ve ever received?

Don’t get over your skis – in other words, know your limitations and utilise your strengths.

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”

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Hamish Clark

Biography

Hamish Clark was a partner in a UK architectural practice for 29 years and now works as an architect expert witness with HKA. He has provided expert opinion on architec tural matters for litigations, arbitra tion, adjudications and mediations in the Middle East, Europe, Asia and Oceania in disputes exceeding A$200 million. He has been cross-exam ined in international arbitration, court and in virtual proceedings and has provided concurrent evidence in international arbitration.

I think this could perhaps be brought back to a single event, the Grenfell tragedy.

For anyone involved in the construc tion industry, listening to the proceedings in the public inquiry is sobering. Without pre-empting the findings of the inquiry, the depth of systemic issues within the industry has been laid bare. As an archi tect, I trained in an era when the archi tect was seen as the leader of a design team. This leadership was founded upon an understanding of the client’s require ments, how the design satisfied these requirements and the statutory and procurement processes. With the devel opment of a variety of procurement routes, this oversight has been disassembled and the evidence from the Grenfell inquiry has exposed a culture of divested responsi bilities by all parties in the process. The recommendations from the inquiry will be far reaching but I feel certain that design responsibility and perhaps more impor tantly accountability will be addressed within the findings and will impact on the future of both the architectural profession and the building industry.

It is undoubtably the intellectual challenge of understanding what can be extremely complex issues and then explaining these issues in a report that is easily understood by the client, the legal team and, most importantly, the decision maker.

Expert reports embody our opinions and my aim is to prepare a report to which both parties in the hearing refer in seeking to understand an issue. As an expert, my aim is to prepare the “go to” report at the hearing.

events in person, my own experience is that there has perhaps been easier and more frequent contact with clients during the pandemic. We have all had to hone our skills on Teams and Zoom and with that, a new set of protocols. What we have enabled is for less experienced members of staff to sit in on meetings as observers and gain valuable first-hand experience, when ordi narily, they might not have attended.

How has your experience of working in different countries prepared you for cross-border/ multi-jurisdictional construc tion disputes?

Expert opinion needs to be balanced and experience has taught me that there is seldom a single solution to a design problem. Very often design decisions are not black and white and are based upon balancing priorities. When presented with a question as an expert therefore, I try to place myself in the shoes of the party or parties and look at the options that were available. It is then my job to explain how the party would consider these options and present a balanced opinion as to how these options should have been assessed.

The construction industry is probably the most evident example of the use of resources to sustain our way of life. The ability to mine or harvest these resources, convert them to building materials and deliver these to construction sites has been severely impacted upon by the coro navirus pandemic. It does however reflect the very necessary sustainability initiatives that have been taking place in the industry over the last 10 years.

My view is that the pandemic may well have made us more resourceful, more careful when considering the selection of materials, and more thoughtful when it comes to discard and replacement. This would extend beyond materials to more considered use of existing buildings and infrastructure. Hopefully the pandemic will have advanced sustainable behaviours.

What strategies has HKA put in place to ensure effective com munication with clients during the coronavirus pandemic?

While we may not have been able to attend meetings, conferences or networking

HKA provides forensic technical expert witnesses across a range of sectors; build ings infrastructure, energy, resources and industrial. Some of these sectors use standards that are recognised across the globe and, in many instances, expertise is applicable across regional bounda ries. Standards that are used for building construction, however, tend to vary significantly across regions and even in instances within regions. As an expert it is essential that you remain within your area of expertise and that where you are providing an opinion in relation to stand ards, your opinion is based on a working understanding of these standards. The decision maker can read the standard for themselves. What is of assistance is an expert who can provide an insight into its implementation.

To what extent is the construc tion industry implementing the use of data-driven technology such as AI, if at all?

The construction industry has certainly become a master in the production of voluminous quantities of data. What it has not done is manage this data effectively. Some construction disputes can come to a grinding halt due to the sheer volume of data.

For experts, managing this data and searching for evidence, if it is there, is time consuming and for the client costly. Often

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In your view, what have been the most significant developments in the construction industry over the past five years?

In what respects has your extensive experience working as a chartered architect pre pared you for your current role as an expert witness?

What is the most rewarding aspect of working as a con struction expert witness and why?

To what extent has the con struction industry been impacted by supply chain issues during the coronavirus pandemic and what measures could prevent this from hap pening again?

it is duplicated by both sides. Perhaps the process for agreeing the data set at an early stage of a dispute by using technology assisted reviews (TARs) would, in the long run, be beneficial to all parties.

What would you like to achieve that you have not yet had the opportunity to?

I think that many experts enjoy the process of explaining complex issues to others and perhaps there is a teacher in all experts.

That is certainly the case for me.

While continuing to act as an expert in my own right, I intend to assist other experts and aspiring experts explain complex issues for the benefit of decision makers.

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”

What advantages accompany introducing experts early in the disputes process?

Construction disputes are still taking too long to litigate or arbitrate, at significant cost to the parties; both in terms of money and management time. Introducing experts early in the disputes process enables the provision of early third-party independent expert advice to assist the respective parties in understanding the strengths and weaknesses of their positions in respect of the construction issues in dispute, offering an early opportunity to resolve construction disputes and so minimise the commercial impact of long and costly litigation or arbi tration to the parties.

What qualities make for a suc cessful expert testifying expert in the construction industry?

Ensure that you adhere to these four key aspects that will be expected of you when acting as a testifying construction expert:

1) Credibility – possess deep industry knowledge and technical skills and have relevant and recent first-hand experience.

2) Effective communication – the ability to communicate complex issues simply and in a concise manner, both via the written word and the spoken word. 3) Independence –the ability to appreciate and understand

opposing views, and be balanced by a will ingness to consider alternative opinions, approaches, and data. 4) Preparedness –the ability to pay attention to detail, and be consistent and confident.

What trends are you noticing in the construction industry and how do you anticipate them to affect your practice?

Construction projects have always been a fertile field of endeavour, ripe for disputes – even before covid-19 appeared. There are many parties involved in a construction project and the opportunity for things to go awry is significant – and this is more notice able now with the impact that covid-19 is having on the entire supply-chain. However, many disputes are still self-inflicted irre spective of the covid-19 environment. Stakeholders involved directly or indirectly in a construction contract, whether they be the funders, the owner, the consultants, the main contractor or the subcontractors/ suppliers, are still failing to fully under stand and appreciate their roles, responsi bilities and obligations – and execute them in a proper manner whilst managing the ever-changing environment that is mani festing itself continuously in this covid-19 environment.  As such, we are seeing more requests to proactively assist various

stakeholders in the effective planning and management of complex projects, identi fying practical solutions to the challenges of uncertainty and risk that have increased significantly in this covid-19 environment, and so avoiding disputes before it is too late.

In arbitration, tribunals are now more proactive than ever before in directing the experts to discuss and agree as much as possible before the hearing, particu larly in respect of the methodology to be used for any analysis, and then make as many agreements on such matters as they reasonably can through without prejudice expert meetings and joint expert reports; after which, the experts can then exchange reports limited only to those matters upon which they are unable to agree on.

Importantly, younger experts should take note that tribunals are also now more focused on the role of the construction expert, and in particular the construction expert’s independence, ability to appreciate and understand opposing views, and ability to be balanced by a willingness to consider alternative opinions, approaches and data.

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”

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What advice would you give younger experts undertaking their first cross-examination or hot-tubbing proceeding?

Alex Currie

Biography

Alex is a chartered engineer who has over 40 years of experience as a consultant involved in the manage ment, design and supervision of both building structures and civil engineering projects in the UK, and resident engineer experience in the Middle East. Alex has provided expert witness support on over 35 projects. Alex has given evidence to tribunals in Singapore, Toronto, Vienna, Thailand and Edinburgh. He has also been involved in a number of mediations and adjudications.

Describe your career to date.

I graduated in 1976 from the University of Edinburgh, armed with the tools and inspiration to improve the built environ ment. I have been involved in a profes sion which has provided me with a highly varied and truly rewarding career in both civil and structural engineering. I have principally been involved in the design and management of contracts as a consulting engineer but really enjoyed the times when I was site based, looking after the interests of my clients. Laterally, armed with my bank of experiences, I have been involved in assisting clients with disputes and providing impartial advice. A number of disputes have progressed to arbitrations for projects in the UK, Australia, Thailand, Canada and Romania.

What qualities make for a suc cessful career as a construc tion expert?

The main qualities that a construc tion expert should possess is the ability to objectively review and consider the evidence presented and to respond to the questions asked, in a non-partisan and unbiased manner. Other qualities include being able to explain, sometimes highly technical subject matter, in a non-technical manner. Also, being able to see the other side’s viewpoint where appropriate and to recognise that your opinion may change when new evidence materialises.

How has the market changed since you first started consulting?

The biggest change has probably been the transfer of risk from client to contractor with the use of design and build contracts. Often, design time and supervision on site is reduced, resulting in problems with the design and quality of construction.

A common issue is the confusion over the definitions of 'change' and 'design development'.

How does your background assisting a wide range of cli ents operating across multiple sectors enhance the experi ence you deliver to projects?

I have been fortunate to have had a full and varied career covering a number of different sectors. This has provided me with the knowledge, understanding and experi ence of different types of contract, speci fications and deliverables to successfully complete projects. Ultimately, construction is about the ability to deliver an entity from a concept which is dependent on communi cation between all parties. Good communi cation on any project is a key factor.

How is the digitalisation of industries and services affect ing your clients, as well as construction experts more broadly?

Software is continuously improving and is providing us with the technology to improve our understanding of the built environment (eg, 3D laser scanning can quickly and inex pensively map a structure whereas before a detailed survey would have involved physi cally measuring distances and detailing the results on a drawing). The transfer of large amounts of information can be achieved by using the ‘cloud’ whereas before, printed copies would have to be physically sent.

How has your experience of working in different countries prepared you for cross-border/ multi-jurisdictional construc tion disputes?

Effective communication transcends cross border/multi-jurisdictional issues.

Problem solving and communication are at the heart of construction disputes and are transferable skills across different countries. Sometimes the contracts or language might change but trying to proffer an opinion involves an understanding of the problem and communicating your opinion in an effective manner.

What have you enjoyed the most about specialising in construction?

Construction is a multi-faceted profession and because I graduated in 1976, I have been able to enjoy a number of those facets rather than specialising on perhaps one facet. The variety of the projects with which I have been involved cover most building types in the built environment and in the fields of both civil and structural engi neering. Construction is generally a ‘can do’ profession and problem solving is at the heart of this culture. As a result, the people in the profession are hands-on and keen to resolve problems. I have enjoyed the camaraderie of the profession and have met some truly inspirational people.

There are three pieces of advice. Firstly, be objective in your assessment and honest in your opinion, without being influenced by external factors. Secondly, make sure that any written material is easy to read, factual and referenced with no subjective interpretation of the facts, other than your honest opinion. Thirdly, try and put yourself in the position of the other side and be open and respectful of other opinions.

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”

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What advice would you give to younger practitioners hoping to one day be in your position?

Mark Dixon

Biography

Mark Dixon is a chartered surveyor, chartered arbitrator, and partner at HKA with over 35 years of experience in construction and engineering, on projects valued up to US$30 billion. He is a respected quantum expert witness who first testified in court in 1995. Mark specialises in inter national energy, maritime, industrial and utilities sector projects, and has been instructed on numerous highvalue disputes up to US$1.2 billion in issue. He is also an experienced adjudicator and arbitrator.

What impact will technological innovation have on the con struction industry over the next five years?

The global construction industry has a large carbon footprint and adversely impacts upon the natural world. As the world increasingly comes to terms with the need to reduce harmful emissions, move away from fossil fuels and reverse the decline in biodiver sity, the industry will come under growing pressure to play its part. Not only through increasingly demanding legislation, but also driven by changing public opinion and, consequently, stake-holders—including the financial markets. Technological innova tion will assist in achieving the required goals, which may include a greater use of modular construction, 3D-printing of building components, development of more energy efficient materials and designs, new renewable energy solutions and smarter building management systems. I also expect legislators around the world to increasingly demand a biodiversity net-gain outcome on developments (for example, the Environmental Bill currently making its way through the UK Parliament includes such a provision), which will also encourage tech nological innovation in this space.

It has been noted that media tion is increasingly being used to resolve construction dis putes. Why do you think it is becoming more popular as a form of dispute resolution?

The main attraction of mediation is the potential time and cost savings if it results in settlement of a dispute. Some business leaders are also attracted to the process because the parties are in control of the outcome and early settlement facilitates a freeing-up of resources.

What challenges do you face with the increased volume of data being used in disputes, and how do you navigate them?

At HKA, we are used to dealing with large data sets and have the tools to navigate the material and efficiently identify the important evidence from that which is less relevant.

According to the EU, buildings produce more than 33 per cent of its CO2 emis sions and account for 40 per cent of energy consumption. The European Commission proposal requires Member States to (a) renovate at least 3 per cent of the total floor area of all public buildings annually, (b) set a benchmark of 49 per cent of renewables in buildings by 2030 and (c) increase renew able energy use in heating and cooling by 1.1 per cent p.a., until 2030. The EU will provide €72.2 billion in funding over seven years. This proposal will inevitably result in an increase in construction activity across the EU and will also challenge the industry to innovate in achieving the goals.

What strategies have you had to develop to manage tight dead lines and time constraints?

Tight deadlines and time constraints have been a constant in my professional life for over 35 years. To meet these, I always have an effective plan for delivering each output, have a good team around me and ensure that work is carried out as efficiently as possible.

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Third-party funding of construction liti gation and arbitration is on the increase, particularly in the Middle East and the Asia Pacific, and the coronavirus pandemic is providing a catalyst for further growth. Some jurisdictions have permitted funding for many years, but some have only recently clarified its acceptability, giving some parties in those regions the confidence to pursue claims that previously might not have been. Businesses are also increas ingly seeing the benefit of funding as a tool to unlock asset value, as are those involved in insolvency. Third-party funding is, therefore, likely to increase the number of disputes in court or arbitration.

To what extent do you think the Green Consumption Pledge Initiative announced by the European Commission earlier this year will have an impact on the construction industry?

What impact do you think third-party funding will have on construction disputes in the coming years?

Thanks to its excellent regional and global crisis management teams, HKA reacted extremely quickly to the global pandemic and put measures in place to ensure that the business continued to operate effi ciently and ensure the safety of staff and clients. The move to home working across the business was swift and ensured that the services that we provide to clients continued to be provided seamlessly. The only difference in communicating with clients has been the increase in remote meetings.

The breadth, depth and scale of our people and their expertise sets us apart.

HKA is the leading global consultancy in risk mitigation and dispute resolution, using our multi-disciplinary expertise to provide a comprehensive set of services, combining expert, claims and advisory services in the CP&I sector, forensic accounting and commercial damages services covering all types of business transaction, and consulting services to support companies working on US federal government contracts.

HKA has more than 500 expert witnesses and over 500 advisors and

consultants—across 40+ offices in 17 countries—with the skills and experience to get to the heart of even the most complex issues. Our people have vast first-hand experience spanning all major industries and the world’s most complex megaprojects, as well as an international track record of achieving successful outcomes.

HKA offers a unique service to the CP&I sector, branded QED+. Our QED+ offering provides clients with a bespoke team of multi-disciplinary experts covering quantum, engineering, delay, disruption, damages and other technical disciplines, tailored to provide a collaborative, efficient and streamlined service. Clients tell us that our QED+ offer delivers significant added value.

What strategies has HKA put in place to ensure effective com munication with clients during the pandemic?

In your opinion, how does HKA set itself apart from competi tors in the market?

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”

Over the past 25 years, WWL has built a reputation as one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to find a high-quality lawyer in a particular practice area or jurisdiction. We now cover 35 practice areas globally and list practitioners in more than 160 countries. In addition to lawyers, we also list the foremost expert witnesses, forensic accountants, economists and other non-lawyer experts across a variety of fields.

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I am a chartered engineer with over 30 years of experience in the design, procurement, construction and commissioning of complex and highvalue construction/engineering

I have been instructed as an independent

on project/construction manage ment

matters, as well as an expert on programming and delay in international arbitration on many occasions. I lead Kroll’s

projects

team and I am regularly retained to provide strategic advice on major

investment

Describe your career to date.

I am a chartered engineer with over 30 years of experience in the design, procurement, construction and commissioning of complex and high-value construction/engineering projects globally. I have been instructed as an independent expert on project/construc tion management performance matters, as well as an expert on programming and delay in international arbitration on many occa sions. I lead Kroll’s construction projects advisory team and I am regularly retained to provide strategic advice on major capital investment programmes.

How do you effectively prepare for a testifying case?

I prepare for testifying by ensuring that I have a detailed understanding of my own expert evidence, the pleadings, factual witness evidence and the evidence of any technical experts.  I then ensure that I have a clear understanding of the areas of disagreement with my opposing expert(s).

This allows me to present and explain the reasoning behind my opinion to the tribunal in a clear and concise manner, knowing that I have fully considered my opposing expert’s opinion. Where possible, I also attend the cross-examination of the key factual witnesses, as points arising from such cross-examination may have implica tions for my own expert evidence.

power plants) located in parts of the world where the relevant material resources, skilled labour and requisite plant are often in short supply, needing to be sourced from overseas. As a result, lead-in times have increased dramatically, due to material availability and supply chain resilience becoming increasingly problematic, which is typically the result of the continuing effects of covid-19 and backlogs in inter national cargo shipping.

one particular matter, the tribunal, the experts, the parties and their legal teams were based in four different locations around the globe with the proceedings live-streamed in three different languages simultaneously. Although finding timeslots across the different time zones was a chal lenge, as it restricted the duration of daily proceedings, I found the entire process to be very efficient and certainly cost effective for the parties.

Large, complex, multidisciplinary projects (eg, airports, rail, hospitals, process and

In the current financial climate, this is likely to be due to cost constraints of pursuing dispute resolution. The joint appointment of experts enables the costs of such appoint ments to be shared between the parties, avoids the time and cost of disagreements between opposing experts, and provides the tribunal with a single, independent expert opinion on which to base their deci sion and award. In other instances, particu larly where tribunal members have a civil law background and there is significant disagreement between party-appointed experts, a tribunal-appointed expert is often retained.

Litigation funding tends only to be available once a prospective funder has satisfied itself as to the validity of the claims being pursued. As a result, a claimant (typically) will need to demonstrate to the funder at an early stage that its claims have consid erable merit, which requires the early identification, production and prelimi nary analysis of the available evidence in order to achieve this goal. Accordingly, the production of evidence must be better organised and coordinated to facilitate preliminary analysis at an early stage of the dispute resolution process and may result in an improved likelihood of settlement.

During the period of covid-19 restric tions, I gave evidence in virtual arbitra tion hearings on several occasions. On

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”

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Which types of projects are resulting in the most disputes at the moment? Why do you think this is?

Why do you think some parties are moving away from the usual practice of seeking their own individual expert assessment and instead getting a collective assessment for a dispute?

How effective are hybrid hear ings, and what challenges do they pose?

Does the manner of litigation funding affect the quality of evi dence? Why?

Emyr Evans

Biography

Emyr Evans is a chartered quantity surveyor and barrister (non-prac tising) with more than 30 years of UK and international construc tion industry experience. Emyr 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 occa sions. Emyr is involved in the prep aration and submission of expert witness reports and contractual claims. He has given oral testi mony on many occasions and has experience of delivering concurrent evidence (hot-tubbing) and giving evidence online.

What inspired you to become an expert witness in the construc tion industry?

I have had the opportunity to work with many great people from starting as a project quantity surveyor working for Northcroft in London and internationally in Singapore. When I returned to London, I was inspired by directors and senior colleagues at Northcrofts Management Services, who were highly qualified and experienced working on challenging and complex projects as experts, adjudicators and arbitrators.

What has been the biggest challenge you have faced during your career to date?

If I was to pick one of my biggest chal lenges, it would be working as a quantum expert on a complex offshore wind farm dispute. I was instructed by the owner in an international arbitration dispute concerning the valuation of defects, delay and termination of an installation vessel and numerous variations in connection with the construction of a large offshore wind farm in the North Sea. The project was challenging due to the number of complex issues involved. It was great experience working with a team of eminent barristers and lawyers and giving evidence in front of an arbitral tribunal.

What is the most rewarding aspect about your role as an expert witness in the construc tion industry?

The most rewarding aspect is working in a large team on a variety of challenging UK and international projects. I enjoy working with great colleagues and professionals. As a mentor, seeing younger colleagues

develop over the years from assisting an expert witness to being instructed to act as an expert witness on commissions in their own name.

What strategies have you had to develop to manage tight dead lines and time constraints?

In accordance with good contract manage ment, it is important to prepare a detailed budget estimate with periodic milestones and carry out weekly reviews of progress, individually and as a team, to keep track of project deadlines.

What in your opinion, are the most significant challenges Brexit has bought upon the construction industry?

The construction industry is one of the most influential industries within the UK economy. The sector employs approxi mately 2 million people and is reliant upon skilled, semi-skilled and unskilled workers. Brexit has exacerbated the on-going skills shortages in the construction and associ ated industries. Construction provides an opportunity for all, from unskilled workers training and others upskilling, to achieve their ambitions. With the increased use of technology (eg, 3D modelling and digitali sation), this will help to increase interest and open new career opportunities to a wider set of people and more diverse generations.

What are the biggest advan tages of modular construc tion and how, if at all, has this development impacted legal practice?

Modular construction is becoming more popular with its numerous benefits

including speed of build and off-site construction in a controlled environment. These are said to increase better construc tion quality management and reduce project timelines and disruption, resulting in more efficient construction. There is an opportunity to use eco-friendly building materials with the use of recycled mate rials, benefiting a sustainable construction process. A number of modular construction techniques are already being considered and used on standardised school projects and in the residential sector. There are still legal practice issues to consider including supply, procurement and construction issues. It is still early days and there still remain many challenges to overcome including public perception, limitation in size due to transportation, and financing arrangements. However, where appro priate, and if it takes hold, it could provide the industry with a significant productivity boost, help solve housing crises in many markets and significantly reshape the way we build today.

What sector do you find most interesting to work with on con struction matters?

I enjoy working on a variety of challenging and complex, high-value disputes from a range of sectors including oil and gas, offshore platforms and wind farms, power and infrastructure projects. Each commis sion is different but similar principles apply, such as the importance of evidence and being independent and objective when providing an expert opinion.

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”

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David Falkenstern

david.falkenstern@kroll.com

David Falkenstern, managing director at Kroll, is a civil engi neer with over 20 years of experi ence in the construction industry. He provides expert advice in the context of disputes involving major construction projects, including matters relating to construction programming, programme assess ment, planning, productivity, time impact, delay and disruption. David’s experience spans a broad range of industries including commercial property development, healthcare, petrochemical, power generation, oil and gas, and

How has the market changed since you first began practising?

In the world of construction delay expert evidence, everything turns on a construc tion project’s critical path. Over the last 25 years, there has been a shift away from computer software-generated critical path opinions, which provided tribunals with an answer. It is my impression that convincing expert opinion is now based on a relative analysis of all available evidence. I am now seeing tribunals looking for opinions based not only on planning software, but other records including the parties’ contempo raneous views, overall progress data, and most importantly common sense.

Which types of projects are resulting in the most disputes at the moment? Why do you think this is?

Projects involving new technology are a regular source of disputes. This includes the next generation nuclear power stations, offshore wind farms, waste-to-energy power stations, buildings with offsite modular construction, etc. Without suffi cient prior experience, contractors are not allowing enough time in their programmes, the projects are delayed, and disputes follow.

You have worked with clients across a wide range of indus tries. What do you enjoy most about this?

The intellectual challenge of under standing new projects is one of the best

aspects of my job. One of my favourite projects involves the VVIP fit-out of a private 747 aircraft. It took over 9 years for the interior to be completed, with some interesting bells and whistles. The site tour was fascinating.

To what extent is virtual work ing an effective way of conduct ing construction-related expert work?

Since March 2020 my typical working environment has completely changed. As opposed to working with a team sitting next to each other at our desks in London, we are now at home all over the world on Teams calls. The records are screen shared and discussed, while we simultaneously edit a single document.  Technological improvements have facili tated efficient remote working, allowing us to focus more energy on our lives outside the office. Win-win. That said, I am looking forward to spending two to three days each week together with my colleagues in the office. You just can’t recreate the buzz of a great office at home.

How effective are hybrid hear ings, and what challenges do they pose?

From an expert witness perspective, being cross-examined from home in a hybrid hearing is less stressful.  But I person ally prefer in-person hearings.  Being in the room parties and picking up on the tribunal’s body language allows for a better understanding of the direction of

the dispute. This allows me to make sure that my oral evidence is on point and best assists the tribunal. Also, in-person hear ings allow me to better focus and provide fewer distractions.

What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

As a former judge once suggested to me, the best way to maintain impartiality and independence is to not be afraid of admitting mistakes and admitting them as soon as you become aware of them. Disappointing a client is always going to be painful but proceeding with an erro neous analysis is in no one’s interest. Also, maintaining independence has to do with an expert’s approach. Experts are not there to prove their client’s case but should seek to collect relevant evidence and provide a view based on that full set of evidence. They should not disregard evidence which does not support their client’s case.

What advice would you give younger practitioners under taking their first crossexamination or hot-tubbing proceeding?

I’d advise them to know the report and the evidence on which they’re relying. Also, they shouldn’t underestimate the crossexaminer’s fear of being shown up by the expert.  After all, nobody should know the expert’s evidence better than that expert. :

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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S Ficca

What do you enjoy most about working in the construction sector?

It is very rewarding to work on large projects that may last hundreds of years, serving a public need.

What has been your most inter esting case to date, and why?

There are many, but in general, the most interesting are international arbitration matters where impacts to labour produc tivity are in contention. Productivity impacts are the most interesting valuation issues for me.

In which sectors have you seen an uptick or downturn in recently? What do you think is driving this?

Energy Transition is a big, global topic, driven by concerns about ways to reduce carbon emissions. There is a big shift in the types of power generation projects that will be driving our world economy and the technology that is evolving to support these alternative energy sources.

What influence are third-party funders having on disputes in the construction sector?

There is a growing influx of private equity, pension funds and sovereign wealth funds investing in infrastructure invest ments funds. This influx of private capital, combined with more public-private projects (PPP), is driving a large shift in how projects are funded. This in turn is causing a shift in project risk sharing, which influences disputes in a big way.

It has been noted that media tion is increasingly being used to resolve construction dis putes. Why do you think it is becoming more popular as a form of dispute resolution?

It is economical and non-binding and helps sharpen the central points of agreement

and disagreement between disputing parties, which makes the resolution of contentious issues more efficient.

How effective are hybrid hear ings, and what challenges do they pose?

There are widespread views on this topic. Some believe that many nuances of impres sions provided by in-person hearings will be lost in a remote hearing on video. Others will point to economic and time efficiencies with remote hearings. I understand that many believe hearings should either be all in-person or all remote and not hybrid so as not to advantage or disadvantage any particular witness or party.

I am seeing the greatest challenge being that of communication with clients; there is a growing trend of separating experts from the end-paying client in disputes, with counsel not always optimising communi cation channels, making it very difficult for experts to meet the expectations of the ultimate client. My recommenda tion is for counsel to encourage frequent communication channels directly between experts and end-paying clients with counsel present when possible, especially regarding scopes of work to be performed and associated fees. This practice will improve the efficiency, effectiveness and client satisfaction of both counsel and experts.

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?  I’d like to continue helping junior profes sionals gain more expert testimony expe rience so that the quality of construction expert services will remain at a high level for many years to come.

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”

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What are the greatest chal lenges that construction experts will face in the next five years?

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As the CEO of Delta, what are your main priorities for the firm’s development over the next five years?

Delta has been fortunate to continue to grow by adding new clients, but more importantly, by attracting and retaining top talent. Our number one priority is to maintain our team-oriented, hardworking, friendly culture, which is at the core of Delta’s success. One way Delta attracts young, new talent is by creating a growth incentive through our ESOP program. I feel it gives our employees a sense of belonging and pride. Another priority has been to offer additional services to our clients and law firms. This year we added several new testifiers and experts to our commercial damages team.

They bring some new services including fraud investigations, white-collar defence and trademark/patent infringement.

What is it about being an expert witness that you enjoy the most?

I love the challenge of working with a diverse set of clients, cases and employees. You must always be engaged and focused as an expert witness, which makes the job exciting. Recently, I have enjoyed working on international arbi tration and UNCITRAL matters on large mega projects. Additionally, watching others grow at Delta brings me great joy. It has been very rewarding watching these experts succeed and create their own client relationships.

Astute clients know that the best expert testifiers must be able to communicate effectively because they need to explain their findings to the clients and their lawyers, and then to a judge, jury, or arbi tration panel. They will also look for experts who have the experience, education, and credentials for their particular matter. On big disputes, the expert must be a good listener, in order to understand and flush out the issues and know the important questions to ask. The expert on the stand must be able to engage and sustain the interest of all parties.

Due to the coronavirus pandemic, many construction projects and construction trials and hearings throughout the world were disrupted and delayed. Covid-19related claims continue to increase, and numerous clients are seeking advice regarding how to turn projects around. The combination of a backlog in the court cases, in addition to new delay, lost profits, and loss of productivity claims on construction sites, we will see an increase in construction disputes over the next few years.

The most common sources of construction disputes that Delta’s experts get involved in are the large mega projects, dams, tunnels, power plants, LNG facilities, wind and solar farms, bridges, buildings, among others. Typically, on these jobs, by the time a dispute is identified the parties involved are very far apart, and therefore, the cases rarely settle.

Another interesting trend is with expert witness consulting firms. Many have become part of larger public firms or private equity groups. Delta took a different path and became a 100 per cent employeeowned company in 2018. In an ESOP, employees have a share of the company, so they benefit directly from the success of a company, which helps attract top experts, and allows the firm to maintain consistency of governance.

The most important quality is hiring an expert who will be objective and independent.

The typical issues revolve around delays in project completion and disruption of the works causing loss of productivity. More frequently lately we are retained by clients prior to disputes arising to minimise their risks on the project. We provide project advisory expertise at the beginning and during the project execution for services like schedule review and oversight, project controls, and contract management, that will often keep the job on schedule and on budget. Delta has testified on hundreds of cases. Our experts have seen what can go wrong, and we know things our clients can do at the beginning that will mitigate the risks.

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”

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Over your career, you have tes tified in a wide variety of cases across many industries. What do clients look for when select ing an expert?

What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?

What are some of the most significant trends that you are noticing in the construction disputes marketplace?

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Why did you choose to special ise in providing advisory ser vices on construction disputes?

Each dispute involves different project conditions and poses a new challenge.

As such, in addition to being able to use my education and experience, it is always invigorating to be able to decipher the underlying reasons that caused a project to be in trouble.

Which types of projects are resulting in the most disputes at the moment? Why do you think this is?

Large projects, particularly those involving transportation and power infrastruc ture, oil and gas/mineral production and processing, have a greater tendency to generate disputes. This is because these projects have unique design, are complex to construct, and usually involve numerous parties that have not worked together previously. On occasion, these projects may be located in parts of the world, where the parties executing them may not have significant experience. Parties frequently underestimate the risks arising from the above-mentioned factors, and this results in conflicts during project execution.

To what extent are you seeing an increasing amount of con struction services provided by Asia-based contractors, rather than their European and American counterparts?

There has been a significant shift in the amount of work being done globally by

contractors from Asia. Asian contrac tors now consist of more than half of the top 100 contractors (ranked by revenue outside their country of origin), in comparison to over 15 years ago when they formed only one-third of that list. In particular contractors from China, South Korea and Turkey have increased their footprint in the global marketplace. This has been a growing source of work for consulting firms operating in the disputes advisory services.

What have been the main chal lenges facing construction expert witnesses over the past year?

On complex matters, parties engaging experts may not have a clear understanding of the merits of their case and in turn their potential exposure. This becomes a chal lenge as it results in parties having a preconceived notion of their entitlement. As such, it is important for good experts to provide an objective view early on in their engagement.

As managing director of the firm’s regional operations, how do you see your practice devel oping over the next few years?

Although the vast majority of our past work has been global in nature with arbitrations seated outside Asia, we are now seeing an increasing amount of dispute work from within the region with arbitrations seated locally in Singapore or Hong Kong. As such, our practice is now starting to do more work for Asian clients, both employers and

contractors, irrespective of the physical location of their projects.

What benefits does hot-tubbing offer to arbitration proceedings where you have to give expert testimony?

Hot-tubbing has become increasingly popular over the last few years. Hot-tubbing allows the tribunal to get views from the two experts simultaneously on issues that allow them to identify the key disagree ments and reasons thereof. I personally look forward to the process as I find it to be timely and useful, since it usually takes place at the end of the cross-examination process and allows me to express conclu sive opinions in light of the other expert’s final views.

What makes Secretariat stand out from its competitors in the market?

Secretariat experts operate with a singledminded obligation to provide the clients with a work product that sets a bench mark in the industry in terms of its quality. Our work product has become our biggest marketing tool. Further, in the expert consulting industry, clients value an objec tive assessment that helps them in gaining a clear understanding of their potential exposure and entitlement. The ability to provide such work product and advice is entirely dependent on the quality of our people. We therefore strive to develop personnel that possess a combination of intellectual ability, relevant experience and integrity.

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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Neil Gaudion

Lighthouse

With over 25 years of experience in the construction and engineering industries, Neil founded Lighthouse Consulting Group in 2020 following his tenure as the Global Construction Practice co-Leader of one of the world’s largest professional service firms. Neil is an experienced expert witness and trouble-shooter on projects and disputes involving complex international construc tion and government contracts, with particular emphasis on delay analysis and quantification of labour productivity and disruption claims.

What motivated you to special ise as a construction expert?

There are two reasons. First, it is never boring. Each case has its own unique people (including crossing borders and cultures), problems and solutions. Second, I like working with people to solve chal lenging problems. The collaborative process and working with smart people is exciting to take a challenge and devise a solution, which not only makes sense but withstands the scrutiny of cross examination.

How has the market changed since you first started consulting?

The financial markets interest in the niche construction expert space is something new in the past five to seven years and was not prevalent when I first got into the business.  Many of our competitors have consolidated and are now owned by large corporations or private equity investors – which was very rare when I got into the business.

What challenges did you face when setting up your own firm?

You name it. The biggest challenge for us was attracting talent and adapting quickly to the unique challenges and opportuni ties associated with the pandemic. We were also very fortunate that our clients trusted our little startup to handle their most pressing and important matters.

Now we are into our third year, we have learned how to walk on our own, but still face challenges. The good news is our lean structure allows us to act quickly on oppor tunities when they present themselves.

What are the advantages and disadvantages of having a global firm?

Although we are a North America-based firm, we are currently executing projects globally. The disadvantage of this situation is there are not “boots on the ground” in every market. However, by limiting the number of offices, we are able to consolidate training and collaboration with our senior leaders, which makes our professionals quick learners and very good at what they do.

How has the construction market been impacted by the ongoing economic uncertainty?

Inflation and the challenges of meeting labour demand are serious problems in the construction business right now. In the United States, the government’s invest ment in infrastructure and clean energy will assist the industry push through any upcoming economic headwinds.

How is digitalisation affecting the construction sector and your work as an expert?

Interesting question. I was previously considered a dinosaur who printed out all the documents I needed to review. I do less

of that now. The accessibility of documents, particularly with the proliferation of cloud computing, has made certain aspects of data collection and analysis more effi cient.  On the other hand, digitalisation has created more and more data and emails – whose volume makes it more difficult to find the information relevant to your anal ysis.  I expect technology and the processes surrounding information management for projects will continue to evolve.

As the founder and president of Lighthouse Consulting Group, what are your main priorities for the firm’s development over the next five years?

Over the past two years, we have been fortunate to hire some exceptional talent and build strong relationships with our clients. Our challenge now is to build upon that foundation. That may include further geographic expansion in North America or elsewhere should the right opportuni ties arise.

What underrated skills and traits would you encourage in the up-and-coming generation of construction experts?  Listening. Younger experts too often want to recite their resume. Instead – listen to your clients – and react to their specific problem.  Clients want to hear that you understand their problem and how you would propose to attack it.

Peers and clients say: “Neil is one of the best consultants I have dealt with” “His attention to detail and preparation are unmatched” “He is a smart and strategic construction delay expert on complex construction matters”

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David Goodman

David Goodman, managing director at Kroll, is a civil engineer and delay analyst with over 25 years’ experi ence in the construction industry working within project planning, strategic advice, project manage ment and dispute

teams in the UK and internationally. As part of these roles Mr Goodman has worked on various projects across the globe from North America to South Australia, within all major construction fields including civil engineering and infrastructure, power, oil and gas,

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How has the market changed since you first started practising?

I have specifically been practicing in dispute resolution for the last 19 years of my career. In that time, I believe the field of delay analysis, my speciality, has continued to develop year-on-year, with all parties now very familiar with the most popular methodologies for identifying the critical path and measuring delay. What I believe has also become clearer is that dispute resolvers have provided clear guidance to the industry that, when relevant, a delay analysis should be a fact-based exercise rather than one that relies on theory.

What do you enjoy most about your role as a construction expert?

I have the privilege of visiting lots of inter esting projects in lots of interesting parts of the world and the one thing that is common throughout is that the people involved in construction are welcoming, hard-working people with drive and focus and the deter mination to make their project a great success, whatever hurdles and challenges that they may have faced along the way.

Whenever I am lucky enough to take such trips, I really do feel that for me they really are like a busman’s holiday.

In what ways does your expe rience as a civil engineer enhance your practice as a construction expert?

As civil engineers we are trained to think logically and practically to resolve

problems. As well as using such training in practice, I have found these skills to be extremely important when getting up to speed on new matters that I become involved in as a construction expert and to be able to understand the issues that were faced on the project.

What is the key to managing a project portfolio that spans a wide range of industry sectors as a construction expert?

The key to managing such a portfolio really is the support of a fantastic team of highly intelligent, highly motivated, hardworking, industry-experienced people. Without such a team of specialist I would not be able to perform my role. We take every matter on as a team, with each member having an important part to play, the combination of which allows me to undertake my role as a construction expert.

In what ways does Kroll distin guish itself from competitors in the construction market?

Our delay, quantum and project manage ment experts have been appointed on some of the world’s largest and most complex projects.

We have a global reputation for the quality and independence of our insight and our team of construction experts have testified in numerous matters, including before the UK Technology and Construction Court as well as in domestic and interna tional arbitrations administered by DIAC, ICC, ICSID, LCIA, ICDR, HKIAC and SIAC.

One area that I have seen work success fully is the early exchange of ‘without preju dice’ versions of expert reports. Such an approach helps quickly narrow down the key issues in dispute so that when final ‘open’ reports are exchanged between the construction experts they are more helpful to the tribunal. This is because anything superfluous has already been dropped with the focus then being on the true differences between the experts. I would like to see such a process become more common place as I believe it is a positive step in reducing the cost and time required in the dispute resolution process.

I have been fortunate enough to have ticked many boxes in my ‘things I would like to do’ in my career so far as both a civil engineer and delay expert. I enjoy helping resolve construction disputes and hope that I add value to this process. Therefore, in the future and as my career develops I would very much like to help resolve disputes as a member of the tribunal. I find it extremely interesting how a tribunal works their way through a dispute and believe this is also an area that I could contribute to.

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”

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If you could introduce one reform to the work of construc tion experts, what would it be and why?

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?

Dakus Gunn

Dakus

grew up in the construc tion industry and has served as a consultant and testifying expert for over 20 years. Mr Gunn currently provides expert testimony in the disciplines of delay, productivity and quantum analysis. He has testi fied in multiple ICC arbitrations and United States court proceedings and has consulted on numerous projects involving a wide variety of industries including renewable/non-renew able energy production and facili ties, transportation, entertainment arenas, infrastructure projects and military installations.

You have done a lot of work in renewable energy, what is unique about this type of expert work?

The technology is evolving so rapidly that construction means and methods are having to adapt on an almost daily basis. A wind turbine that is considered cutting edge is outdated within months by a new design for blades or an entirely new method of harnessing wind power. Solar plants are adapting quickly to changing environ ments and changing weather patterns are impacting anticipated energy returns on these plants.

Hydroelectric plants are being constructed in remote regions of the world requiring massive labour forces to either be relocated or trained on site. Throughout all this evolution, construction companies are on accelerated timetables to meet industry demands for affordable clean energy and this is causing a lot of inefficiency and addi tional costs. Experts can no longer apply one-size-fits-all methodologies in these complex and ever-changing environments and so it is becoming more about teams of experts that have experience in these projects but who also can learn quickly what the specific challenges and environment for the project are so that the analysis can be customised to the case at hand.

What are some of the more interesting projects that you have worked on over the past few years?

Clean energy project disputes are always fascinating to work on. As experts, we get a rare opportunity to dive in to cutting edge projects around the world and to learn

about how these technologies are being installed and applied to the environment. However, as far as disputes go, termina tion cases have been on the rise and the intense dispute environment that these cases create can be a pressure cooker of personalities and emotions that is fasci nating to work within such a high stakes dispute.

What skills are important to becoming a top construction expert? How do you mentor young-in-career experts at Delta so they develop these skills?

In the end, our job is to inform our clients and their counsel of all possible outcomes so that they can make informed risk assessments throughout the dispute resolution process. This requires great attention to how each claim is constructed and what support is available to reason ably calculate the delays and/or damages. Finally, whatever we construct, no matter how complex and intricate, must ultimately be easy to explain and understand and this is often very difficult for new experts to come to terms with. We must be able to educate and explain what we have learned throughout our processes, or it will be lost in the dynamics of disputes.

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

With technology rapidly evolving in the construction industry, the way contractors

and owners monitor and assess progress has changed. There is a phenomenal amount of data available for the expert firms to analyse. Only those firms that cultivate people who have the technical capabilities to use and analyse this data, will be able to effectively work in this envi ronment. At Delta, we pride ourselves on recruiting experts who have a variety of backgrounds and disciplines. We have found that they often bring unique ways to handle data, they are familiar with new software, and they know how all of this can be best used in a case.

How can clients avoid some of the most common issues in Construction disputes?

In the world of delay and quantum disputes there is always something unplanned that arises. The question becomes who is responsible for the potential economic consequences of that event. When this happens, the people who are directly involved with the unplanned event must know how to follow the contract instruc tions so they can deal with the problem immediately. They must use this process to limit exposure and work towards an effec tive solution.

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”

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Charles R

Charles

Remaining impartial and independent when providing analysis and testimony is obviously of vital importance for one’s integrity as an expert, however it is equally of vital importance to ensure that one’s analysis and testimony is value added to one’s clients. Becoming an echo-chamber expert willing to adopt the client’s positions without interrogating them deprives the client of valuable information to be used in the calculus of negotiations and/or legal strategies, be that information a differing opinion or a validating opinion. So how do we remain impartial and independent? I find that analysis predominately reliant on source documents and other contempora neous evidence is the best solution. In my opinion, preparing and presenting analysis that is heavily document cited that may or may not be consistent with the narrative presented by the client’s witness state ments is far preferable to analysis that is heavily reliant on witness statements with limited or heavily curated documentary evidence. As a testifier, I believe my respon sibility is to provide the finder of fact with a collection of the critical contemporaneous documents and the corresponding analysis that the finder of fact can interrogate as needed as opposed to persuasive opinions or thought exercises. I believe that I have done my job properly, if the finder of fact cites the key documents I have provided as a basis to support the analysis and conclu sion; rather than the finder of fact citing my testimony.

in equal measures. Digital records have the tremendous advantage of being nearly infinitely portable and may be more easily opened or imported in appropriate soft ware to be used in our analysis, thus reducing the tedium and cost of both data entry itself and the extensive efforts to perform quality control of the data entry. However, as I’ve experienced the transition from paper to digital record keeping two particular challenges have been especially prevalent: document organisation and casual communication quantities.

in more generic root folders. This typically erases all of the potential time and cost saving gains of digital records, as we must spend a large amount of time reviewing and organising the large document folders into appropriate subfolders prior to analysing them or what is even more difficult, in parallel with analysing them.

How has the transition to email communication influenced the way you communicate with pro ject stakeholders?

The transition into digital record keeping has been both beneficial and challenging

Regarding organisation, in the days of paper record keeping for projects, those records were typically assembled in fairly well-organised filing systems. Project control information, project accounting information, correspondence between the parties, etc., would typically be assembled in specific document collections. As we collected, received and/or analysed those files, we could find project meeting minutes collected in a meeting minutes folder or box; project invoices and payment informa tion would be assembled invoice-by-invoice with supporting source documentation in a specific folder, box, drawer, etc. However, with the transition to digital record keeping and the inability of the file custodians to quickly inspect the physical order and completeness of the growing files, my experience has been that many projects have devolved into large subfolders on a project server that collect all manner of electronic documents, often without appropriate subfoldering and organisa tion. So often I am engaged on a project with wonderful but completely neglected subfoldering on the project drives. I find most of the subfolders to be empty with the documents placed somewhat haphazardly

The transition to email communication internal and external to the stakeholders in a project has created a proliferation of correspondence volume on any given project. This is exasperated by both the often-informal nature of email communi cation and the threaded aspect of emails. We will now find the same email content, embedded in various threads many times over. It fosters a geometric increase in the volume of project correspondence, which in the days of paper communica tions, tended to be much better organised with unique identifiers and far less repeti tion of the same content. The repetition within email threads will often disguise unique responses buried within those threads, especially when the email has been addressed to numerous individuals. This volume and informal proliferation further serves to exasperate the organisa tion challenge, mentioned previously. File custodians simply do not have the time to properly file all of the communication into the appropriate subfolders, as a matter of trying to keep up with the content created they file items quickly in root folders and at times the pace of simply trying to keep up results in content being filed into incorrect locations.

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”

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What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

With the increased volume of data being used in disputes, what challenges do you find yourself facing?

How has the transition to digi tal record keeping affected the way you approach record organisation?

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How do your positions as author and lecturer in construction matters enhance your practice?

How important is it that practi tioners maintain such positions?

I think it is very important to contribute and throughout my career I have regu larly presented to audiences and contrib uted to industry publications. While there is obviously a clear benefit in terms of maintaining a public profile, I think more importantly such activities ensure that you remain up to date with current practice and therefore relevant. In addition to the bene fits of the preparatory work preparing the presentation material, presenting to large audiences requires both confidence and competence, both of which are important attributes for any expert.

What are the important differ ences between arbitration and mediation construction dis putes when acting as an expert witness?

The expert’s role and duties in arbitration and mediation are of course the same – to provide independent and impartial opinion to the tribunal. In an arbitration the experts are a critical part of the proceedings them selves, giving evidence to the tribunal on the matters they have been asked to consider and in light of the prevailing facts. There is no room for discussion or compromise. I believe an expert’s role in a mediation is less critical in the proceedings themselves. In fact, experts can sometimes get in the way of a deal being reached and the dispute being settled at mediation and parties should think carefully about the benefits of experts attending the media tion itself. A better use of the expert’s time at mediation is in advance of the mediation itself, where the expert can spend time with clients advising them of risks and exam ining where compromises might be made.

What are the greatest chal lenges today when it comes

to conducting valuation, delay and disruption analyses in large, high-value construction claims?

The sheer volume of data now usually available electronically and the ever-more demanding timetables that experts are expected to meet.

If you could introduce one reform to construction litiga tion or arbitration proceedings, what would it be and why?

It is not a reform, but a suggestion that tribunals should demand more of their quantum experts jointly. The process of engaging with an opposing expert to agree quantum positions based on alter native scenarios is time consuming and demanding, but ultimately hugely effective.

Some tribunals are in my experience very hands on and demand huge effort from experts to achieve agreement on figures, whereas others do not always demand enough from their expert jointly in my opinion. Why? Because tribunals are inter ested in finding fact and making decisions on liability. Once those deliberations are concluded, tribunals need to know what monetary amount to attach to the decision. They do not at that stage want to hear from two quantity surveyors arguing over the price of a brick.

What is the key to conduct ing successful hot-tubbing proceedings?

A firm tribunal taking control of the hot-tub proceedings makes for a very effi cient examination of the issues that are uppermost in the tribunal’s mind. From an expert’s perspective, the hot tub provides a forum for discussion with opposing experts where the experts can discuss and offer views on such matters, agreed or other wise. Hot tubs do not in my opinion need to be discipline specific and it can be helpful to have, for example, delay, quantum and technical experts all in a hot tub together.

I have been involved in a number of virtual hearings relating to high-value and complex maters. All the hearings were extremely well run and efficient. When one considers the huge savings in time and cost alone, it is difficult to see how virtual hearings will disappear. However, I do think there are certain benefits to physical hear ings that are hard to replicate in a virtual world.

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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The key is to give responsibility to new experts, to involve them in all aspects of the case, to explain the approach to the case, to delegate to them and to trust them to engage with the instructing solicitor and client teams. Too often junior staff are given abstract parts of case to deal with and are not provided with an understanding of where that part of the case fits into the overall case, or not invited to client/solic itor meetings. Proper mentoring means bringing new experts along for the ride, all the way to the hearing.

It will continue to boom as world econo mies find their feet after the pandemic and invest in the critical infrastructure that most major economies need. That in turn will lead to more construction disputes and the future for quantum experts will there fore continue to be a busy one.

To what extent do you think a post-pandemic world will con tinue to rely on virtual hear ings for complex, high-value construction disputes?

What is the key to training new experts in the field to ensure their future success, especially in a more virtual world with less office time?

How do you think the construc tion market will change in the next five years?

Scott D Hollingsworth

Scott Hollingsworth is a

at

with over 22 years’ experi ence helping

investigate and

He is a delay and quantum

specialising in the development of delay and

other claims, and

consulted on behalf of

infra structure, industrial,

ities,

Africa, Asia, the

How has the role of construc tion expert changed since you started practising?

One of the primary differences relates to travel and spending “face time” with clients. When I started in this industry, it was much more common to consistently travel to meet with clients or counsel to gather data and work together, face-toface. In the past year, a related and signifi cant difference is providing deposition, arbitration and trial testimony in a virtual environment. What was once an exception to the rule (video conferencing or virtual testimony) is now common in the industry.

Although the technology shift has been swift and impressive, the virtual environ ment creates limitations and challenges, such as the inability to read the room or interpret body language that present a unique dynamic that is very different from when I started in the business.

What advice would you give to an expert undergoing their first cross examination?

Listen carefully to the question that is being asked and don’t forget to breathe.

How do you think data manage ment methods will evolve in the next five years?

Technology continues to allow for increased data creation and retention. While I cannot

reasonably predict where new tools might take the industry, one thing is clear: a key component to the usefulness of data is the quality and care with which the data is created and collected. In my experience, quality information is far more important than the volume or quantity of information. This is relevant for both managing projects and developing forensic analyses.

Mediation is reportedly an increasingly popular method of resolving construction dis putes. Do you think it will chal lenge arbitration as a dispute resolution go-to?

I typically see mediation as a required step in the dispute resolution process on the road to arbitration. In this capacity, and especially to the extent it is non-binding, it is hard for me to see mediation challenging or supplanting arbitration.

Some are of the opinion that the construction market has shifted towards short-term relationships between contrac tors and owners. Do you agree, and if so, how might this impact the market?

In my experience, delayed and disputed construction projects happen in part because of this “transactional” approach between parties that: a) have not previously

worked together; and b) have no apparent intent of working together again. Longterm relationships are beneficial to the construction industry in general, as they typically offer more opportunities to iden tify a path to resolution and conflict avoid ance in pursuit of a mutually beneficial and ongoing relationship. A shift towards more of this transactional approach could reasonably lead to a significant increase in disputes.

Absent any other significant disruptors like the one we have faced since March 2020, I continue to think that covid-19 and its ongoing impacts will be a significant factor in the construction expert industry over the next five years. While the consulting and expert industry has been fortunate in some respects to allow for work-from-home or remote work environments, this is still very much a people and relationship business. Navigating a return-to-office environment, building a thriving and exciting workplace culture, attending in-person events, and resuming face-to-face meetings with clients will be a welcome challenge in the coming years.

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/thought-leaders

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

Jonathan Humphrey

Jonathan leads HKA’s forensic accounting and commercial damages practice in Asia Pacific. He is a char tered accountant with 25 years of experience advising clients as an accounting and finance expert. Jonathan's extensive construc tion industry experience includes the assessment of consequential damages; challenging the reasona bleness of liquidated damages; valuing losses from expropriated assets; analysing additional cost claims; quantifying quantum meruit claims; assessing additional financing costs; insurance claims; claims for opportunity cost; accounting issues; and overhead allocation.

What do you enjoy most work ing as a damages expert in con struction disputes?

Most construction disputes I’m involved in include experts from other disciplines.

As a damages expert, I’m sat at the end of the process and my calculations are often impacted by the views of others. It means that I get to have great interaction with the other experts, understanding their views and reasoning, and analysing how they impact my damages analysis. This is an opportunity which is lacking in many of my commercial disputes.

How is covid-19 affecting the damage calculations experts can conduct at this time, and how are you adapting to these changes?

We’re getting more legal precedents around the issue of force majeure, which is helping in the assessment of damages and what damages can be claimed, or avoided.

The continuing complexity is projecting how the world will continue to recover from the pandemic. While each passing month gives us more data, the lack of comparable historic events means that we are required to make the most informed assumptions possible. Also, the speed of recovery, and any continuing restrictions, varies from country to country, so any analysis has to be tailored to the particular scenario.

What are the important differ ences between arbitration and mediation construction dis putes when acting as an expert witness?

There really should not be any difference. My role is not to get my client a better reso lution in one forum over another, it is to put forward a compelling realistic scenario for which both parties see the merits.

While the mediation process is less formal from an expert’s perspective, one’s client needs to appreciate its likely finan cial position so that it can negotiate from an informed position.

The best outcome is that a media tion leads to a settlement both parties

are comfortable with, or that my work leads to an early settlement in arbitration proceedings.

What are some common pit falls when preparing an expert analysis?

The key issue is to always remember that your duty is to the court or tribunal.

It is not uncommon for an expert to have pressure exerted on them to take a certain position which may help the legal narrative or impact the damages claim. The expert should always feel able to resist this and push back, explaining their role and the fact then any bias will not actually assist their client in the long run. If an expert is in this position and is unsure how to deal with it, they should always seek the advice of a colleague.

At the end of the day, an expert is only as good as their reputation, and it is not worth risking this for the sake of one engagement.

of expert evidence, I am invited to make a short presentation, varying from 20 to 30 minutes. These can be critical in detailing your views and explaining to the tribunal why your position is correct and the opposing expert is incorrect. This is a powerful interaction as you are speaking directly to the tribunal without interruption, explaining what you want to get across.

My best advice is not to just read off slides, make it interesting and impactful. By engaging with the tribunal, you can pique their interest and you’ll see that they generally have more questions as they want to interact with you and comprehend the issues.

Do you have any tips for coun sel on how to use an expert team effectively?

I think most experts would say that they’d prefer earlier engagement. Often, experts are brought in later in the day. However, often the causation is a factor of the expert issues, so having insight into these ahead of time can help frame the case. I’ve been involved in too many cases which have had to be re-pleaded.

Specificity. Construction clients are requiring experts with increasingly specific expertise. At HKA, we are lucky to have a very large number of industry and subject matter experts, who can talk about their areas of expertise, but whose work also feeds directly into my damages analysis. To meet this evolving trend, we are continuing to add to our breadth of experts to ensure that, when obscure matters arise, we can find the right solution for our clients.

What advice would you give to younger construction experts preparing for their first testify ing role?

Firstly, honesty. Speak truthfully and openly about your views. Don’t worry about nerves, oftentimes tribunals react well to this and prefer this rather than the over-polished responses of experienced experts.

Secondly, don’t argue your client’s case. If the correct answer to a question would not be in the best interest of your client, you still need to give that answer. You are independent after all.

While the focus is obviously on report writing and cross-examination, all experts should work on their presentation skills.

On most matters these days, at the start

Thirdly, direct your answers to the tribunal. Opposing counsel may be asking the questions, but you are answering the question for the tribunal. Eye contact with the tribunal is a good thing.

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/thought-leaders

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

What underrated skill would you encourage the up-andcoming generation of experts to develop?

Michael

Kenyon

Biography

Michael is a Chartered Quantity Surveyor and fellow of the Royal Institution of Chartered Surveyors with more than 30 years of commer cial management and construction claims experience. Michael is an established practising quantum expert witness. Michael has provided independent expert testi mony in arbitration proceedings both in the GCC and internation ally. The tribunals he has testified before comprised amongst others, leading KCs, a past president of the Chartered Institute of Arbitrators and a former head of the TCC of England and Wales and TCC Judges.

Describe your career to date.

I commenced my career working for large UK based construction companies in the late 1980s. During this time, I was exposed to several disputes and saw the contribu tion that quantity surveyors made in the analysis and presentation of the quantifica tion of claims. This interested me greatly and I subsequently joined a UK-based construction claims practice. Here I worked with extremely talented people who shared their knowledge and invested in my career development. As the practice developed, I gained experience and began to be exposed to formal dispute proceedings and the role of experts.

Building from this platform I began supporting experts in the preparation of reports and this ultimately led to my own appointments. As time passed and with support from the companies I worked for I was able to develop opportunities and began to secure appointments on a wide variety of disputes.

Ultimately, this led me to the Middle East and establishing BRG’s construction prac tice in Dubai.

What is it about being an expert witness that you enjoy most?

Exposure to some of some of the world’s largest and most challenging construction projects, breaking down complex issues and presenting opinions on those issues in a clear, concise and understandable manner.

How has the market changed since you first started practising?

There has been considerable growth in the provision of construction dispute consulting support services over the last 10 to 15 years and a large amount of consolidation of the number of companies providing those services. Over the last five to 10 years a distinction has also grown between prac tices who primarily offer claims consulting services and those offering predominantly expert witness services.

How does your background as a quantity surveyor enhance your current practice?

Working as a site quantity surveyor provided invaluable insight into the commercial management of projects from tender, procurement, and financial reporting to final account. Having seen first-hand how issues are managed and addressed during projects assists greatly when having to retrospectively investigate and report on the valuation of claims, varia tions and a project's financial performance.

What did you find most difficult about entering practice as a construction expert?

Getting your first appointment is difficult. However, I was extremely fortunate to be supported and given opportunities by the practices I worked for.

What is your perspective on the main causes of project disrup tion working as an expert in the Middle East?

The causes of disputes are many but essentially no different in the Middle East to any other region. Disputes typically centre on project delays and change, responsi bility for the effects of change and delays and their resulting valuation.

How do you expect the con struction market in Dubai, and in the Middle East more broadly, to develop over the next five years?

The construction market in the Middle East is maturing and the pace of construc tion is likely to reduce as master plans and national visions approach comple tion. However, it is likely there will be an increased uptake in PPP and PFI type projects. As regards disputes, there has been an increased uptake in mediation and other ADR techniques as a means of resolving disputes and this is likely to continue to increase.

You have expertise and expe rience as a witness in con struction disputes. What are the key skills to have in these proceedings?

Be independent, be clear and concise, and listen.

Peers and clients say: “Michael has a very good understanding of the technical nature of construction disputes”

“His communication is always clear and concise”

whoswholegal.com/thought-leaders

Mike

Mr

is a managing director with

in Los Angeles,

He is a licensed civil engi neer and attorney

of cost and

delay and

in the

and

has been appointed as an expert on

disputes in Asia, Europe, United States, South America and the Middle East. He has testified on matters of quantum, including

related issues.

What inspired you to specialise in construction law?

During my second internship (sixmonth cooperative education position) while attending undergraduate studies at Drexel University, Philadelphia, PA, one of my professional engineering colleagues suggested I check out construction law for my third and final internship. So unknow ingly, this engineering colleague, whom I looked up to at the time, inspired me to do just that. For my last internship prior to graduating, I researched and interned for a firm that employed engineers and attorneys in construction litigation consulting. As it turned out, I enjoyed the opportunity to work on challenging projects around the world with engineers and attorneys while using my engineering and legal background and experience.  As they say, the rest is history.

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

In my experience, on large and complex international construction projects, arbi tration is typically the preferred method of dispute resolution for construction disputes. The reason for this preference may be unique to certain project partici pants, but in many cases, the reason is commonly related to being able to have some level of predictability and expecta tion in the arbitration setting and having the opportunity to agree on a tribunal to decide the merits of a dispute that not only has experience in international arbitration but also has some industry experience that may likely be needed to understand the issues in a construction dispute.

is very common on design-build projects that were aggressively bid and that experi ence significant delays and overruns that the design (or lack thereof or significant changes in scope) will likely be blamed as a main source for some if not all of the project delays and overruns. To minimise some of the risk of this occurring, designbuild contractors should ensure sufficient design-related contingency in its bid and designers should be more involved during the bid process and ensure the subcontract has clear unambiguous terms as to work product, standard of care, liability etc.

How has your experience as a licensed professional engi neer enhanced your consulting practice?

I believe my professional engineer licen sure status lends some credibility as to my background, education and experience. As a result, my testimony may be viewed as more credible with existing consulting work and/or in some cases, may help to acquire new consulting work.

What impact do you think third-party funding will have on construction disputes in the coming years?

In my opinion, third party funding could have a large impact on construction disputes. Third party funding will allow parties (large and small) to bring meritbased claims to the dispute resolution process that would otherwise never see the light of day because of a lack of finan cial resources to do so.

If you could implement one reform to the construction dis pute resolution process, what would it be?

opinions presented are in fact independent and not merely advocating a certain posi tion. I realise the difficulty here is enforce ment. To further develop (and evaluate) the independence of each expert, a tribunal could allow for and require more collabora tion between the experts given that the joint statement process has a way of exposing areas or issues where an expert(s) may not be evaluating an issue in the required inde pendent manner.

In my opinion, I do not believe there is one common source of construction disputes because every job is unique in its own way. However, currently in my practice it

That is a good question but a tough one that undoubtedly could generate many different opinions.  In my view, I think the expert witness requirement for independ ence is a necessary requirement and one that should be more regularly enforced (to the extent possible) so that the expert

Honestly, it is very hard to pick just one. There have been many memorable cases and projects from around that world that I have worked on as a design engineer, attorney and/or as an expert/consultant. However, the one that I think of every now and then, more so than others, is the Central Artery/Tunnel Project in Boston, MA, commonly referred to as the “Big Dig” where I worked as a construction consultant evaluating change orders and claims. Wherever you went on that project it always seemed they were designing, constructing and/or addressing something that was rare, novel, complicated, and/or never done to that level before and in some cases, since. It was the most expensive highway project in history at one time and infamously known for its significant cost overruns and delays that truly changed downtown Boston for the better. Working on that project, I had the opportunity to meet many great and smart individuals who were working for the project owner and/or the many different contractors some of whom I still run into today.

The advice I would give younger practi tioners is to work hard on your analysis, be detail oriented, learn to write clearly and concisely and most importantly be inde pendent in your thoughts and evaluation to ensure your analysis and opinions are credible.

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”

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What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?

Looking back over your career, what is the most memorable case you have been a part of?

What advice would you give to younger practitioners hoping to one day be in our position?

Christopher Larkin

Chris Larkin is a senior managing director and leads FTI Consulting’s

Mr. Larkin has more than 33 years of

in the

which includes 27 years specialising in

is a chartered

a

of the Chartered Institute of

Mr. Larkin has testi fied as a construction delay

in

in

What motivated you to pursue a career in construction?

From a young age, I was interested in how construction had changed the world. I was fascinated by engineering projects that had benefitted society and transformed how we live. I thought it would be cool to be involved with such an industry.

I feel very lucky to have worked on some incredible projects with some amazing people. When I started my career in the UK, I never imagined that my work would take me to Asia Pacific, the Middle East and North America.

How do you establish a detailed understanding of a client’s business to advise them effectively?

By listening and asking the right ques tions. Clearly, over 30 years’ experience in the industry helps but each client has its own nuances and specific issues. You need to understand the client’s aims, drivers, issues and both internal and external rela tionships. You obtain an understanding by asking the right questions and listening. Only then can you use your experience to advise the client effectively.

What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

There are a number of ways to remain inde pendent. The most important is to remind yourself that your duty as an expert witness is to the arbitral tribunal or court. You do not assist your client by being biased as it will undermine your evidence. The client employs counsel to argue its case, based on expert testimony.

Also, it’s important to be confident in your analysis and opinions. Don’t be easily swayed by a client’s opinion where it is not supported by evidence and contrary to your experience.

How do you effectively handle the increasingly large volume of data when analysing delay and quantum issues?

I was fortunate to work on large mandates early in my career so I quickly became accustomed to handling large volumes of data. Organisation of the data is vital. You need to be able to find the information you need easily. It also helps ensure that you can readily cite the documents you have relied upon.

Clearly, technology now plays a key role in handling large volumes of data. E-discovery solutions are used on many of my cases for managing and researching documents. Large volumes of data may need database or bespoke software solu tions to capture and analyse the data effectively. Tableau and Power BI provide powerful tools for visualising the data.

What challenges arise as a result of projects becoming more com plex and multidisciplinary?

Large, complex, multidisciplinary projects typically have vast amounts of contempo raneous records. These projects also come with volumes of communications between the many parties involved, namely letters, emails, minutes of meetings, etc. Often, the parties present different perspectives on the events that have affected the project because they have competing interests and seek to protect themselves.

The biggest challenges are making sense of the records, communications and competing views, and then forming clear opinions on the events that affected the project and their impacts.

What role can firms play to better assist up-and-coming experts in gaining their first appointment as an expert witness?

I find the best way is for an up-and-coming expert to work on a case where they can

demonstrate their industry knowledge, expertise and communication skills to the lawyers and clients. By showing detailed understanding of the issues and their relevant expertise, up-and-coming experts overcome concerns the lawyer might have on appointing an untested expert.

Looking back over your career, what has been your proudest achievement?

There are many achievements I am proud of, and it is difficult to single out one in particular. Seeing the development of new talent gives me the most pride. I have worked with some incredibly talented indi viduals. It has been fantastic giving them opportunities to flourish and seeing their careers progress.

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

The increasing deployment of technology to manage projects better has increased the amount of information available to the expert. The challenge facing construction experts is the handling of large volumes of documents and data now available. Data processing solutions help with the anal ysis of the data, but there is the risk of the expert losing sight of the important issues and not applying common sense.

Sense-checks have always been an important part of my analysis. I frequently stand back and ask whether the analysis and findings make sense and will be under stood by the trier-of-fact, be it an arbitrator or judge. This is no less important where the expert has vast amounts of data at her or his fingertips.

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”

whoswholegal.com/thought-leaders

Gene Lash

Gene Lash, MBA, CPA, CFF, senior director, has over 32 years of expe rience in the construction industry. His expertise includes fact-finding, forensic accounting, quantification of damages and special purpose audits on a variety of construction and commercial-related disputes. He has testified over 35 times in various arbitration forums; in state and local courts; and in negotia tions and mediations. His opinions and testimony have related to the quantification of damages, including claims for extra work, delay, accel eration, disruption, interest and lost profit. He has also assisted in identi fying elements of false claims.

What has been the most rewarding part of your career as a construction damages expert?

Throughout my career I have developed close relationships with clients from many different educational levels, professional backgrounds, cultures and geographical areas. These close relationships have allowed me, as a construction damages expert, to help my clients understand the true value of their claims and/or claims that have been asserted against them. Working with them to achieve reasonable outcomes stands out as the most rewarding part of my career. Sometimes the outcome has been a settlement before discovery to avoid millions of dollars of unnecessary litiga tion costs. Sometimes the outcome is an agreement reached after an expert report is issued or a deposition has been taken.

Other times, when claims cannot be settled and the outcome is preparing convincing, concise and well-documented testimony that judges, juries and other triers of fact ultimately agree are the damages in a case is the most rewarding part of my career.

What do clients look for in a construction damages expert?

Clients want a construction damages expert that is objective and independent and has the relevant construction industry experience. However, more importantly, the expert’s ability to communicate the details and nuances of a variety of construction claims in a clear and concise manner is usually the deciding factor in selecting a damages expert. The expert’s careful use of demonstratives, concise testimony and carefully selected evidence is the most effective tool in convincing a trier of fact of his/her opinions on damages.

What stands out as your most challenging client experience?

Analysing and preparing construction claims is very expensive. However, on occasions clients have tried to limit my scope of analysis to save money. Some of these experiences have turned out to be very challenging and expensive. On one construction claim, the client did not have good records but did not want me to perform due diligence on the claim that he prepared. During the arbitration hearing the opposing expert did perform the anal ysis and reduced his claim by 50 per cent, which impacted my client’s credibility on other testimony. On a different case, the client misrepresented the nature of followon work, after a contractor was terminated. These misrepresentations resulted in revi sions to the damage analysis, significant additional fees, and the need to clarify the damages with the arbitration panel.

What part of your work gives you the most joy?

Over the years I have worked with colleagues from several different firms. Many times, I have been in a mentoring role helping them understand the nature of claims, accounting documentation or what to expect during a case. Countless hours have been together developing analyses, writing reports and preparing for trial. Today many of these colleagues are now seasoned expert testifiers – this is the part of my work that always gives me a smile.

How do you ensure the quality of your work product?

Quality control is woven into my analysis at many levels. First, each professional is responsible for the accuracy and reli ability of their own work-product. This

means that as the analysis is performed appropriate source documents are gath ered, referenced and maintained in a consistent and uniform fashion. Second, the preparation of expert reports and exhibits is accompanied by a peer review performed by another senior professional who is otherwise not involved in the project. Finally, as a damages expert, I perform an extensive review of work product and opposing experts’ opinions. Accurate and supportable opinions are a hallmark of my career that are the cornerstone of each of my expert opinions.

What advice would you give to younger professionals who are establishing their construc tion damages credentials and experience?

Never stop learning no matter how many cases you have performed; you will always need to maintain your professional scepti cism. Taking courses in continuing educa tion, and obtaining professional credentials such as master’s degrees, CPA, CMA and CFE, help to broaden one’s expertise to meet the challenges you will be faced with in each case. Never stop listening! The gathering of facts and evidence in a case is always evolving and an open mind to new and conflicting information will make the development of your expert opinions more powerful and robust. Finally, be an advocate for your opinion. As a damage expert, we are independent, unbiased professionals that assist the trier of fact in making decisions. But when questioned about your opinions have solid support, think through the possible challenges, and have well thought out responses to ques tions that may arise.

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”

whoswholegal.com/thought-leaders

Thierry Linares

What motivated you to pursue a career in construction?

The technical interest to see engineering in action, and the impressive potency of the construction projects, means and methods.

How do you establish a detailed understanding of a client’s business to advise them effectively?

I have worked most of my life on projects or in close connection to them, and place the technical and management understanding of the project and decisions made at the root of my consulting / forensic expert work.

Construction cases are becom ing increasingly complex with immense amounts of data to analyse. How are experts addressing the challenges posed by these changes to give effective analyses?

The importance for me is not to try and overcome the huge amount of data as if it were a difficulty, but to be able to know what type of documents will be the perti nent ones (proper information and useful as probative evidence) and effectively filter the reading through experience instead of blindly opening everything.

Which industry sectors are the busiest in your practice, at this time?

Most industries are covered, from oil and gas and energy plants, to transport infrastruc ture, civil infrastructures, mining and ports.

How effective are virtual hear ings compared to their inperson alternative? Do you see them becoming the ‘new normal’?

The virtual hearings work well when faced with a strong directive tribunal. However, the return to live hearings is for me impor tant if possible as the presence makes a difference in the perception of testimonies, in particular of joint experts conference.

How do you see your practice developing over the next five years?

Growing in size and expanding to new geographies.

What skills and values would you encourage in the next generation of construction experts?

The knowledge of the work before all –construction is not an industry that you can or should enter as a consultant; one has to walk the walk to add value and confidence.

What is the best piece of advice you have received?

Always counter-check and benchmark before taking a position – a story, a docu ment, an argument, even if appealing, may often hide adverse evidence if you don’t search for it.

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”

whoswholegal.com/thought-leaders

Franco Mastrandrea

Biography

Franco Mastrandrea LLB(Hons), MSc, PhD, FRICS, FCIArb, Barrister

Mastrandrea is a chartered quantity surveyor with over 40 years’ experience in the construc tion industry. He has acted as project management, delay, and quantum expert and given evidence in court and at arbitration. Franco holds a degree in law and is called to the English bar. He has extensive experience of the administration and application of standard and bespoke forms of contract. He grad uated top of his Reading University master’s degree course in

What has been your most inter esting construction case so far and why?

I was involved as expert in a series of related disputes in connection with an offshore windfarm project. The engineer, procure and construct (EPC) contractor pursued claims against the employer in an LCIA arbitration, the employer then pursued the contractor in a different LCIA arbitration, and finally the contractor pursued a supplier in litigation in the English courts. It was interesting, some times surprising, but always instructive to be involved in these disputes, and to observe the different technical, legal, and tribunal roles and challenges and the (sometimes disparate) results.

You have a very international practice - how would you advise practitioners who want to practice successfully as an expert witness across a variety of jurisdictions and arbitration institutions?

Secure an early, high-level understanding of the challenges of particular principles and rules that may apply in specific jurisdictions (such as whether disclosure is required of draft experts’ reports) and of the issues.

Understand the limitations on available information. Secure (or fashion) meaningful and comprehensive instructions as early as possible. Be involved, realistic and clear on timetables. Assemble the right expert team; on larger disputes this may involve contri butions from a variety of skills in different locations. Lay out the framework for the analysis and report early on, and thereafter adjust as necessary. Hold regular expert team meetings.

What are the advantages of resolving construction disputes through mediation rather than arbitration or the court system?

The key advantage I see is the introduction of a disinterested and objective outsider into what may be a highly charged, often acri monious, dispute in a dynamically different way. In my experience the best mediators bring the parties together by directly and effectively challenging and persuading

them, usually through a combination of technical, legal, interpersonal, and busi ness skills, a methodology not regarded as either available or appropriate in arbitra tion or litigation. Speed (and cost), privacy (usually greater than even in arbitration), and the preservation of existing/promotion of future  good relations between the parties are common further advantages.

What advice would you give to an expert taking on their first appointment as an arbitrator?

Get an early understanding of the process, any arbitration rules under which you may be working and the issues. Understand your limitations and have the parties provide you with assistance when you need it. Promote cooperation between the experts. Guide, but do not lead, the experts.  Listen. Understand the difference between expressing an opinion and making a decision. Be ready to, and do, explain why you have come to your decision.

What are the greatest challenges posed by concurrent delay issues in construction projects, and how can experts tackle these?

The largest single challenge is the absence of a persuasive and commonly accepted definition of concurrent delay, whether expressed in terms of causation, timing, duration, weight, culpability, or otherwise. There is a lack of consistency, particularly across jurisdictions, on how to attribute responsibility for such delays (should there be: no loss/expense recovery by either party; a full remedy for each party measured by that party’s particular loss/expense; appor tionment?). Experts can, and in my view should, express their views on such matters.

Experts can more obviously help to locate what was planned, the sequence and dura tion of work activities through that plan, the activities governing project duration through those activities, and whether that plan was viable. They can also, through a process of segregation, identify what happened when (and potentially why), and (although more controversially)  what the relationship between the various as built activities was,

whether the activities/their configuration could/ought to have been something else, and with what consequence upon project duration. At their most influential, experts should express opinions whether such matters appear reasonable and whether they satisfy a commonsense view of the delays that occurred and why.

Time, quality, safety and cost will remain key areas of focus. I anticipate improvements in the collection, analysis and presentation of data on construction activities including the definition, planning and control of projects such as their appropriate assembly, speci fication of materials and products, project execution and close out. There will likely be increased use of automation, and improve ments in the recording, organisation, processing and presentation of perfor mance data including improvements in electronic document management systems and the use of drone technology.

I anticipate an increased use of mediation and, as confidence in their use increases, document-only adjudications. I anticipate less travel; an increased and more confident use of technology in the location, assembly, and presentation of data; an increased use of multi-disciplinary teams; and extensive use of virtual interlocutory meetings and hearings.

Combining the building blocks of early training with the accumulated experience of practice to address the challenges of a new project/dispute. But, where appropriate, being open to reflect upon, rethink, adjust, and improve the approach to the expert issue and its appraisal.

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”

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How do you think the use of technology in construction dis putes could change in the next five years?

What do you think the future of construction disputes looks like in a post covid-19 world?

With over 40 years of experience in the construction industry, what is the key to maintaining your edge as an expert?

Patrick McGeehin

How do you effectively prepare for a testifying case?

The preparation for testifying in a case starts early in the process. It is important to make sure that the expert identifies the issues to be analysed so that, if staff are involved in gathering and reviewing docu ments and preparing underlying analyses and schedules, the expert is directing that effort and periodically assessing conclu sions and data that are being gathered. In terms of expert reports, I try to get an outline of the report worked out as early in the process as possible so that the staff has some direction as to the ultimate objectives that we have as a team. As I get closer to a hearing or trial, I have periodic meet ings with the staff involved with the case and have a testimony binder prepared that summarises the key documents that I will be relying on for my expert testimony.

How are technological develop ments currently affecting the practice of quantum analysis?

Over my 45-year career, the developments have been nothing short of amazing. Even over the past 10 years or so, there has been a proliferation of available software programs that can be used to download large amounts of information so that analyses can be performed remotely. This has almost entirely obviated the need for experts and staff to visit offices of opposing experts and companies to gather and review data or audit basic financial infor mation. This has increased the efficiency of document reviews and expert assignments considerably.

You have a very international practice. How would you advise practitioners who want to prac

tice successfully as an expert witness across a variety of jurisdictions and arbitration institutions?

I think that the advice relating to interna tional jurisdiction disputes is somewhat similar to that for a domestic practice. Of course, the international process for arbi tration is often different from, for instance, the process found in many American Arbitration Association proceedings. However, in order to practice successfully, the issues outlined herein are important for any type of expert testimony appearances.

In terms of developing a practice in the international arbitration space, it is advis able to join professional associations and groups that practice in this area so that a professional can become familiar with the processes and the law firms practicing in this area. Beyond just joining a group, however, it is important to join committees and work groups within the professional group so that personal connections can be made.

What do you think the future of construction disputes looks like in a post covid-19 world?

I think that there will be more and more usage of remote meetings and hearings. Although there is no quarrel with the value of in-person meetings and testimony, in the past, there were many instances where virtual meetings were not used since, historically, those types of meetings were not common. With covid-19, those meet ings and hearings became commonplace so now lawyers and witnesses are more familiar with this process.

What skills and values would you encourage in the next

generation of construction experts?

I think that the skills and values are similar, with the possible exception of having a more critical need in the future for a command of electronic data accumulation and summarisation.

With over 40 years of expe rience in the construction industry, what is the key to maintaining your edge as an expert?

The one thing that I have always kept in the forefront of my thinking when approaching a case and expert testimony is that the cases always hang on the details of the quantum or accounting analysis. Even though I have had a long career with many testimony appearances, I do not rely merely on the fact that I have been accepted as an expert on numerous occasions and/or have had certain successes in the past. You are only as good as your last appearance and it is important to be very familiar with, and in command of, the relevant information, schedules, and conclusions.

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?

It has been important for me over the past 10 years to try to get other younger profes sionals opportunities for them to testify. The best way to do that in my view is to co-author reports with them; give them plenty of exposure to the law firms and clients we are dealing with; and prepare them for depositions and testimony with sample questions and cross-examination approaches that they might face.

Peers and clients say: “Patrick is among the very best construction experts in the market” “He is an impressive costs and damages expert”

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McNeill

Which aspect of the remote working measures introduced as a result of the coronavirus pandemic have you found most interesting?

Many construction projects and disputes within the Asia Region have been negatively affected due to travel restrictions. Closed borders have prevented face-to-face hear ings and required disputing parties to be more flexible as to how their disputes are resolved. The use of virtual hearings to prevent delays is now common practice and, whilst perhaps not ideal for crossexamination (according to a number of my legal friends), has resulted in costs saving and allowed a number of Arbitrations to proceed that would have otherwise been delayed.

How are technological develop ments currently affecting the practice of quantum analysis?

As a quantity surveyor I grew up with a scale rule. Thankfully we have moved on and technology has played a huge part. The development of IT-driven software such as building information modelling (BIM) is having a profound effect on construction technology, with all stakeholders being part of the BIM gateway – which is a universal approach to the collaborative design, reali sation and operation of buildings. Digital records, BIM, 3D printing, drones and smart construction software have changed the way we build and how we now consider and assess disputes. The use of artificial intelligence in document management systems should in theory help to reduce the amount of time spent reviewing thou sands of pages of documentation on large disputes.

To what extent are current dispute resolution forums an

effective means to resolving complex construction dis putes? Would you propose any reforms?

When disputes arise on construction projects the parties will want their differ ences resolved as expediently and cost effectively as possible. Certain commonly used forums such as adjudication and mediation have proven to be highly successful in achieving these objectives under certain circumstances and certainly have their place. With that said, the reso lution of complex construction disputes often requires extensive interrogation of the facts and the technical complexities. Whilst arbitration is perhaps the most widely adopted forum internationally for resolving complex construction disputes, it is often criticised by the parties as being protracted and costly and many end users are looking to streamline the process and make it more efficient. The challenge in the industry is therefore to strike a balance between the need for detailed forensic investigation, that construction disputes invariably require, and finding ways to make the process more economical which would enable the tribunal to reach a deci sion earlier.

What qualities make for a suc cessful expert witness?  Independence, impartiality and integrity.

As an expert you should be able to articu lately communicate your opinions and assessments succinctly and confidently (in reports and under cross-examination).

It is also important that your expert works well as part of the wider dispute team and knows their report(s) from cover to cover.

There are a number of “best practice” training companies that have helped greatly improve the collaboration and sharing of information among experts. For example, the Academy of Experts run training and refresher courses for experts of all disciplines and with varied experience, sharing recent case law and decisions that may impact our work as experts. With regards to collaboration between experts, we should all remember that our overriding duty is to the court or arbitrator and as such we are not “against” one another. Experienced experts work well together, ensuring that they have a common set of instructions and list of issues to address and that their opinion is based on the same base documents.

We at FTI Consulting have a very active diversity and inclusion committee, which helps to promote and lead different diver sity, inclusion and belonging initiatives globally. Additionally, in an effort to chal lenge ourselves to be more accountable and transparent, FTI published our very first Human Capital report in June. The resilience of the firm rides heavily on the quality and strength of our people and we are committed to helping all of our people –regardless of gender, ethnicity, background and beyond – grow their careers at FTI.

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”

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Do you think there is enough collaboration and sharing of information among experts

working in the construction industry? How do you think this could be improved?

As the global head of FTI’s con struction solutions practice, what are you doing to encour age more diversity and inclu sion among staff working in the construction industry?

Derek Nelson

Derek Nelson is a chartered quan tity surveyor and a chartered engi neering surveyor with 40 years of construction programming, cost and contract management experi ence. He is an accredited and certi fied expert witness; fellow of the Academy of Experts and current chairman and fellow of the Royal Institution of Chartered Surveyors; an accredited mediator and expert determiner. Derek authored chapter 17, “Disruption To Progress And Lost Productivity”, of Delay and Disruption in Construction Contracts

edition, first supplement).

What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

Experts must have a clear understanding of the role and its responsibilities and should constantly benchmark their opinion and the basis for that opinion against those requirements as they develop their inves tigations and opinions.

The classic formulation, expressed by the Civil Justice Council, of the test of inde pendence is that “the expert would express the same opinion if given the same instruc tions by another party”.

Being aware of the limitations and issues surrounding the information avail able to the expert, particularly where memorial style pleadings are deployed, and constantly testing the objectivity of your opinion while ensuring that an appropriate range of opinions are provided is important.

What would you identify as the most significant development in the construction industry in the past five years?

The average profit margin among the top 100 contractors in 2019 was just 1.5 per cent; that speaks to the very real chal lenges the sector has in resolving the link between profit, investment and productivity.

Low profit margins equate to less money for investment in digital, and other, inno vation, which in turn harms productivity. As a consequence, the sector, compared to others, has been slow to adopt new technologies.

McKinsey ranked construction as one of the least-digitised industries, next to agriculture and hunting. That is beginning to change as employers and contractors

recognise and begin to embrace the real benefits on offer to all parties in the construction process.

Adoption of BIM and digital data capture during the development, plan ning and execution of projects, along with the implementation of proactive project management/delivery focused contracts (eg, NEC, FAC and the newer editions of FIDIC), coupled with dispute avoidance and adjudication, in their various guises, provides a data rich as-built and prospec tive risk impact environment. Combined with an early identification and interven tion environment, it should allow parties to focus on successful and timely project delivery and/or intervention, minimising the effect and outcome of issues arising for the benefit of all parties.

In what ways is AI affecting the work you conduct as a con struction expert?

As the use of AI becomes more perva sive in construction it inevitably becomes an increasing component of the analysis required to understand the development and delivery of the project. The use of AI in project planning and risk analysis has been widespread for some time; use of AI is increasingly a key feature in project delivery and is fundamental to the management and interrogation of, increasingly, large volumes of data in construction disputes.

Mastering and marshalling increasingly large multisource datasets, generated on site and in connection with projects, that form the contemporaneous factual project record is a growing challenge for experts.

AI is increasingly important in cutting through that volume of data. The expert remains responsible for that structured

analysis and the opinion given in respect of the outcome of that analysis and the issue in question. It is important that the expert is familiar with how those tools operate, any issues or bias inherent in their application and how, or if, that may skew to outcome of those material searches/analysis.

What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?            HKA have published the outcome of its data review on ‘Causes of Claims and Disputes’ for different regions and across different sectors since 2018, and add to that data pool every year. That data, at 2020, covers 1,185 projects with a combined value exceeding US$1.8 trillion, and is available at https://www.hka.com/ crux-interactive-dashboard/.

The data set is accompanied by a detailed report on the analysis and outcomes arising, with details of the most common sources of construction disputes and how parties can minimise the risks of them occurring. Individuals can filter both the geographical and sector focus of the data to draw more specific insights relevant to their own projects and the prevalence of issues arising. For example, if you are working on a tunnel project in the UK, the issues arising are likely to be very different than those manifesting on an offshore oil and gas project in Kazakhstan. I suggest that the detail available from HKA’s CRUX report would be more relevant and benefi cial to those interested than I could hope to provide in a constrained answer here.

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”

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Doug Neville

Biography

Doug Neville is a chartered civil and structural engineer with over 35 years of experience in multidis ciplinary engineering consultancy design, from many industry sectors. He qualified as a chartered engi neer in 1981 and was a director of leading design consultancies until he joined HKA in 2009. Doug has a master’s degree in law (2012). He is a partner in HKA where he prac tises as an expert witness and has given evidence in many international arbitrations.

What advantages does your experience as a civil and structural engineer lend to your practice as an expert wit ness, and how important is it that experts have this kind of knowledge to draw from today?

I have over 35 years of experience as a civil and structural engineer, starting as a graduate through to a director of leading design consultancies. In addition to hands-on experience as a designer of structures, I also have relevant experience in the management of the delivery of multidisciplinary engineering services. I am therefore able to give independent opin ions on detailed design issues and also, on how a company may deliver its services, from the standpoint of someone who has “been there”. I think it is important that an expert’s knowledge comes from first-hand experience.

What do you enjoy most about your role as a construction expert?

I enjoy the opportunity to use my experi ence to assist others. For example, I enjoy the challenge of examining constructionrelated technical issues and then preparing an explanation that can be understood by the layman.

Which construction projects are your favourite to work on as an expert, and why?

As an expert I prefer to work on large

complex building projects. I enjoy the chal lenge of piecing together what actually took place from the mass of competing state ments. I have also enjoyed the opportunity to work in different countries where local culture has to be understood in tandem with examining how technical standards are applied.

avoiding the courts, the parties may be able to select a tribunal which has more specialist subject matter knowledge than, with all respect to the TCC, court judges may have.

As a specialist in forensic civil and structural engineering matters, what unique chal lenges do such cases pose to experts and how do you tackle them?

I think that, at least for international arbi trations, there will remain a strong pref erence from tribunals to hold hearings in person. However, the pandemic has shown that hearings can be held virtu ally and that the perceived challenges of ensuring witnesses or experts are not being secretly coached can be overcome. From a personal perspective I prefer hear ings to be in person, that is because I find it easier to gauge if my answers to questions are understood through eye contact and observing body language.

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

I think arbitration is the preferred method for international construction disputes for two reasons. Firstly, it provides privacy to the parties who may be averse to the public nature of court actions. Secondly, by again

When presented with a new case, such as the failure of a structure or component, I am often presented with many competing statements on its cause. There are always vested interests and understandable emotional investment by the parties. The challenge is not to allow this to cloud my inquiry while at the same time establishing a constructive dialogue with those who may hold relevant factual information.

How well prepared is the con struction industry for the con sequences covid-19 has had on the global economy and supply chains?

Poorly prepared. The construction industry is run on very low margins with little provi sion made for unexpected events.

What is the best piece of advice you have received?

In the context of work as an expert: “Do not accept anything at face value, interrogate it!”

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”

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Do you think virtual hearings will be the new norm for con struction experts? What oppor tunities and disadvantages would this pose?

Haroon Niazi

Biography

Haroon Niazi is a fellow of the Royal Institution of Chartered Surveyors with more than 15 years of experi ence in the construction industry. He has been appointed as a quantum expert and provided expert testi mony in the Kingdom of Saudi Arabia. Haroon is dual qualified as a barrister and chartered surveyor. He has been instructed on various matters across different sectors and has worked on some of the most complex projects in the region across the oil and gas, infrastruc ture and power sectors.

Describe your career to date.

Within HKA I have had the opportunity to grow and develop – learning from some brilliant colleagues and having the oppor tunity to work in different countries. In terms of my career journey I started off working as a quantity surveyor at a small PQS firm in London. Having practiced as a barrister I then decided it would suit me to transition into construction disputes role and thereafter joined HKA. Whilst at HKA in London I was able to complete my APC and qualify as a chartered surveyor. I subsequently moved to Saudi Arabia. I have had the opportunity to work on some of the most complex projects being under taken in the region and worked with some of the world’s best experts. Testifying on construction disputes in the Kingdom has been an incredible experience. The journey has been exciting and every step of the way there has been opportunity for me to both further and enhance my own career development.

Having been regularly instructed as a barrister, how have these experiences enhanced your work as an expert witness?

I strongly feel that coming from a legal background, particularly the fact that I practiced as a barrister, has been hugely beneficial to me. The skills which I devel oped, whether they be drafting, investiga tive or communication have provided me with a strong foundation to further enhance my career.

How has the construction market in the Middle East developed since you first started practising?

The Middle East market has matured signif icantly – both in terms of the complexity of projects and the manner in which projects are delivered. As a consultant it has meant that it has been very important to keep up with the changing demand of client expectations. From my perspective,

the importance of providing a first-class service to clients remains exactly the same – what is important is how that service is provided.

Are you noticing an increase or otherwise in the value of con struction disputes reaching arbitration? Why might this be?  Absolutely. Project complexity and the propensity for increased disputes has meant that the value of construction disputes has increased. With high-value disputes and complex disputes it is not always easy to reach an amicable settle ment. Parties’ expectations along with the maturing of the dispute settlement process, particularly with the importance of auditability, has meant that more highvalue disputes are reaching arbitration. I would add this is not a hard-and-fixed rule.

We have in recent times seen some pretty high-value disputes settling amicably. In my opinion, a lot depends on the people responsible for the project delivery and of course the critical nature of the project itself.

How do you see the recent instability in oil prices influ encing investment in the Middle East? Will oil remain a key commodity in construction projects or do you see the use of renewables increasing?   Oil price remains pretty fundamental for many Middle East economies given the reliance on hydrocarbons. However, I do not see that fluctuation in oil price will influ ence investment in the region – in fact, I see if there is an upward fluctuation trend then we are likely to see an increase in invest ment, a downward trend will not neces sarily mean a slowdown. It is imperative to bear in mind that over the last few years, and in line with the strategic vision of many of the major economies in the region, we will continue to see a diversification in the economy as they look to diversify and move away from a sole reliance on hydrocarbons.

With respect to renewables I certainly see an upward trend. We have already seen some major solar projects get underway as well as various wind farms in progress. I think this is likely to continue and although not strictly renewable, we have also seen the advancement of nuclear energy.

Are the recent reforms in arbi tration in the UAE affecting its development in Saudi Arabia?   I do not think so. The ADR market in the UAE is well founded and whilst we have seen some changes we have not seen a shift away from the local centres. In Saudi Arabia however we are seeing the develop ment of ADR increasing given the recent legal reforms and the development of the SCCA in Riyadh.

How do you anticipate your construction practice to evolve over the next five years?

From a supply and demand perspective I see the regions continuing to grow, which will mean an increased requirement to develop across key sectors – particularly infrastructure and power. At the same time, we see the move towards tourism, particularly in countries such as Saudi Arabia. I therefore see projects come to the market quickly with even more pres sures being exerted on timely delivery. This will have an impact on local resources and therefore it will be essential for delivery strategies to be carefully developed to take into account nuances associated with the region. Overall, my view is projects are likely to get more complex as client requirements continue to change.

What is the best piece of advice you’ve ever received?

Listen to your peers. Working in teams, taking advice from colleagues and other professionals goes a long way. You never stop learning therefore do not put yourself in a situation where you hamper your ability to learn.

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”

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Seamus O'Doherty

Berkeley

Biography

Seamus is a chartered quan tity surveyor (FRICS) and char tered builder with over 30 years’ of industry experience. He has worked for domestic and international engi neering and construction companies, consultancies and client organisa tions on projects across the globe. Seamus’ experience includes cost planning, estimating, procurement, contract claims (including delay, disruption, valuation of variations, termination, defective works and final accounts), and commercial manage ment on a broad range of projects. He is regularly appointed as an inde pendent quantum expert in construc tion and engineering disputes.

What inspired you to specialise in construction law?

I have spent a considerable portion of my career in project delivery, initially under taking typical quantity surveying activities. Through this I found that I enjoyed working on and dealing with projects that had issues. I liked merging technical, commer cial and legal competencies to understand the issues and assist in their settlement.

This led to my working in contract and claim management, from which I then moved into providing independent expert quantum advice and opinion. I enjoy foren sically reviewing documentation, making sense of it, and setting out my opinion in a clear, concise and cogent manner to assist the decision maker(s).

To what extent is arbitration now the preferred method of dispute resolution for con struction disputes and why?

In international construction arbitration is still the primary method of dispute resolu tion. The reasons for this are well known, for example neutrality for contracting parties from different countries, cost and time, selection of arbitrators, flexibility of procedure, confidentiality, finality (limited right of appeal) and ease of enforcement through the New York Convention.

However, domestically in the UK adjudi cation has taken centre stage over the last 20 years in resolving a large portion of the construction disputes that occur, replacing domestic arbitration. The success of adju dication in the UK has seen its use expand to other jurisdictions.

What are the most common sources of construction dis putes and how do you think cli ents can minimise the risks of them occurring?

I regularly encounter disputes that involve changes in scope, issues concerning incomplete, incorrect or late design, failure to administer the contract, management of the supply chain and associated interfaces, time issues concerning prolongation, and disruption of works.

To overcome some of these issues client teams need to ensure the scope of works and the parties’ responsibilities are clearly set out in the contract documentation, thereby minimising the ability for misin terpretation and misunderstanding. It is important that a peer review of the contract documentation is undertaken to highlight any ambiguities.

There also needs to be a rigorous tender review process to ensure the price for the works is reasonable and not merely storing up potential issues for later.

A thorough review of the construction period should also be undertaken, as quite often the construction period may be overly optimistic.

I have found that workshops between project participants can assist, as they help to engender a team spirit across the project and build a rapport so issues that arise can be dealt with in an open and timely manner. The use of an independent third party reviewer to review matters of disagreement can also assist in preventing disputes.

How has your experience as a panel member of the RICS President’s Panel of Construction Adjudicators enhanced your dispute resolu tion practice?

The training and practical aspects of being a dispute resolver are helpful to my prac tice as an independent expert, because they assist when I am drafting my reports as I am mindful of what a dispute resolver wants; namely a clear, cogent and concise report that can be readily understood. I have also found it a great arena in which to share and receive knowledge.

and 30 per cent of greenhouse gas emis sions, and is under pressure from an envi ronmental, social and governance (ESG) perspective to reduce this. The reduction is being driven by investors and consumers who have ESG concerns and new legisla tion, for example companies in the UK bidding for government contracts more than £5 million per year have to commit to net zero by 2050. Given the large yearly impact and the ongoing effect of buildings into the future, I expect the industry to redouble its efforts to reduce its environ mental impact.

I consider the use of concurrent evidence to be a good addition as it leads to effi ciency because the experts can examine each other’s opinion, which may improve the quality of the expert evidence avail able to the decision maker as it is rigor ously tested by their peers. The process also permits the tribunal to take the lead on questioning to try and understand the rationale for any matters of disagreement between the experts.

I would like to continue undertaking good appointments and enhancing my profes sional reputation in the market and mentoring the next generation of profes sionals. My ambition is also to be become a Chartered Arbitrator. I hope the best is still to come.

That’s a difficult question because I have received some great advice and support over the years. I suppose it is an amalgam of “Work hard, listen, take time to consider before acting”.

The construction sector is responsible for 30 to 40 per cent of natural resource use

Peers and clients say: “Seamus is a brilliant expert”

“He is able to explain complex issues in a simple manner” “He has vast construction experience in the UK, Ireland and internationally”

whoswholegal.com/thought-leaders

With increasing amounts of cli mate-related construction pro jects arising, to what extent do you think that the construction industry will be at the forefront of climate change in the next few years?

If you could implement one reform to the construction dis pute resolution process, what would it be?

You have enjoyed a very dis tinguished career so far. What would you like to achieve that you have not yet accomplished?

What is the best piece of advice you have ever received?

Ian Osbaldeston

Biography

Ian Osbaldeston, managing director at Kroll is a Chartered Quantity Surveyor and

expert with over 23 years’ experience in main contracting,

and acting as an independent

He is a member of the Academy

and has been appointed as an independent

He has

the UNCITRAL,

Have you noticed an increase in the volume and complexity of data processed in construction arbitrations?

Yes. We are seeing arbitration documenta tion becoming more voluminous.

How do you effectively prepare for a testifying case?

Hard work and revision! I like to make sure I am on top of all my reports, the areas of difference between myself and the opposing expert, and the issues that are important to the tribunal and relevant to my area of expertise. I always try and be at the hearing for the openings so I can hear the parties set out their respective positions.

What challenges arise as a result of projects becom ing more complex and multidisciplinary?

Projects are becoming more complex as we push the boundaries of design and innovation. Multidisciplinary services must therefore work together to deliver programmes of work on time and budget. Communication between those services is therefore fundamental to success. Often projects suffer when there is a lack of understanding of each parties’ roles and responsibilities. This leads to conflict and the risk of a dispute. Disputes often take time to crystalise and are dealt with after

the project is finished. Key people then move on to other matters and on large, multi-billion dollar international projects this can be a problem. Memories can fade over time and documentation can be harder to locate. Good project controls and recording of key data is therefore para mount through the currency of the project.

How do you see the recent instability in oil prices influ encing investment in the Middle East? Will oil remain a key commodity in construction projects, or do you see the use of renewables increasing?

Oil prices have traditionally impacted investment in the Middle East, but govern ments and large developers are savvy and often have a broad range of interests meaning volatility in oil prices is less of a factor. Yes oil will be a key commodity for the foreseeable future, but we are seeing more spend in renewables, as the world becomes even more aware of the impact of climate change.

What advantages accompany introducing experts in the early stages of construction projects?

Get experts in early. Good experts always give clear, honest, impartial feedback which allows parties to understand the true

‘picture’ early. This allows informed deci sions to be made earlier, allowing clients to make decisions that can potentially save significant time and money in the future.

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

Technology will play more of an active role in construction over the next five years so being able to adapt to this will be very important.

How would you like to develop your practice over the next five to 10 years?

I want to continue to work with likeminded individuals, great clients that understand the focus on quality of the work, and ensure we are learning every day.

What advice would you give younger practitioners under taking their first crossexamination or hot-tubbing proceeding?

Prepare well. Know your report. Answer the question you are asked and not the one you want to answer.

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”

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Rob PallesClark

Biography

Rob Palles-Clark, managing director at Kroll, is a quantity surveyor, quantum and delay expert and adjudicator with over 36 years of major international construction project experience. Rob has had over 80 expert appointments and has twice given expert evidence in the Technology and Construction Court (TCC). He has been cross-examined both as a delay and a quantum expert in international arbitrations on many occasions, and he has extensive experience of adjudication and mediation.

What do you most enjoy about your role as a testifying expert?

It is a difficult role to fulfil well, and for me personally, being cross-examined repre sents the toughest and most rewarding challenges I have faced in my now quite long career. The major international disputes on which I have been appointed in more recent years are complex, and both challenging and demanding. There is huge satisfaction to be had in meeting these challenges on such projects and I really enjoy working with an outstanding, bright and motivated team that delivers time after time. Best of all though, is the sense of relief (and hopefully elation) one gets after hearing the words “thank you Mr Palles-Clark, I have no further questions”.

What is the philosophy behind your approach as an arbitration expert witness?

It ought to be trite to say, that the primary duty of an expert is to provide an inde pendent expert opinion on matters that assist the tribunal with their duty to decide the dispute. Not every expert out there seems to understand this, but it is important not to let your client’s desire to win its case influence your genuinely held independent views, because most tribu nal’s can see straight through an expert that does not do so. To do otherwise means your evidence is likely to be disregarded.

better behaviour in that forum, but my experience of other experts in arbitration is that there appears to be more room for bad behaviour. I think that experts in arbitra tion have to work out for themselves what type of reputation they want, whether as a hired gun that will peddle an opinion that best suits their client’s case, or as an inde pendent expert who’s opinion is likely to be preferred. I get the most satisfaction from my evidence being adopted by the tribunal.

is signed by the tribunal. The legal teams I have worked with on major disputes in recent years have all been highly compe tent and are excellent at distilling the key issues from the evidence, but they often ask for comments to help them do this.

How do you effectively prepare for cross-examination and/or hot-tubbing?

There is no doubt that the courts’ willing ness to stridently criticise experts who do not behave in a manner consistent with their duties to the court ought to encourage

Major construction cases are very docu ment heavy, often running to millions of documents.  Experience tells you the types of records or documents to look for in connection with certain types of issue and investigation, but ultimately it is the quality of the team and the search tools or documents platforms through which these documents are accessed that make the difference as to how comprehensively the expert can identify and review the key documents.

I start with a review of the key issue in the case, where the key differences lie and where the larger sums in dispute are to be found. I reread my reports and the relevant supporting documents, with a particular focus on these issues. Although it has been said that cross-examination is not a memory test, it is a test of your ability to navigate your own report and to answer detailed questions on your approach to the analysis of a cost or issue.

What is the best piece of advice you’ve ever received?

An experienced in-house lawyer for a client in the first hearing on a large complex matter in which I am a quantum expert saw how nervous I was just before taking the stand, and he asked: “What is the worst that can happen – are you going to die?” Of course, the answer is no (unless you are really quite unlucky), and it really helps to remember this.

After the hearing, one can be involved in commenting on and assisting with responding to closing submissions (this helps the legal team with detailed points relevant to the expert evidence), possibly assisting the tribunal in a further hot tubbing session on quantum prior to them deciding the quantum part of an award, or occasionally with checking the quantum calculations in a draft decision, before it

How do you see your practice developing over the next five years?

I enjoy working on the major disputes, as it always amazes me what we can achieve, often against very difficult odds, but I also hope to spend a little more of my time as a decision-maker, either in adjudications or as a DAB member.

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”

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Do you think the increase in transparency found in arbi tration proceedings has encouraged experts to remain impartial? Or do you think fur ther steps are needed?

What challenges do you face with the increased volume of data being used in disputes, and how are you navigating them?

What advantages accompany involving experts after the main evidentiary hearing? Why would parties and clients choose to pursue this option?

Paul Pocalyko

Biography

Paul Pocalyko has more than 36 years of experience in accounting, finance, consulting and opera tions management. His assign ments include acquisition disputes, bankruptcy and troubled company matters, construction defaults and delays, economic damages and fraud investigations. He provides forensic accounting services to many of the top construction contractors and EPC companies in the United States, Europe, and Asia. He serves as an arbitrator in disputes, and frequently provides expert testimony in mediations, arbitration, deposi tions and trials.

What are the main tools for experts conducting financial and forensic analyses, and how are these changing given improvements in technology?

The wide variety of software products has greatly improved the ability to analyse accounting and construction information quickly and thoroughly. We have products that can now review bank account data and create linkages and logical relationships. The use of business intelligent software such as SQL (Sequel) and other bespoke products (for example: Acumen Fuse and Valid8) makes the work much more efficient and enhances the quality of the deliverables to our clients. Ten years ago, these types of products were just starting to be recognised and Microsoft Excel was the default. I anticipate an increased level of use of many new software products and acceleration of the adoption in the industry.

How does your experience as arbitrator enhance your practice?

The ability to understand the role of the panellist is beneficial when preparing expert reports and when testimony is provided. I often consider how I have seen evidence presented, particularly when it has been effective, and take that into consideration to enhance testimony.

In what ways have delay and fraud analyses changed since you started practising?

One change in both areas is the fact that our analysis of this data was often in

analogue format – (paper) versus digital and machine readable. Another change is that arbitration panels have become very sophisticated and often make specific requests of parties based on the analysis presented. We have seen the use of soft ware increase in both areas. There have also been a great number of cases that have set the foundation for evidence and experts have more guidance as a result.

How do you expect the role of construction expert to change over the next five years?

We continue to see the use of multiple experts on construction cases. Often in the past, the same expert would be called upon to present opinions on delay and damages. Cases are moving toward the use of multiple specialised experts. It is not uncommon to see a standard of care expert, a delay expert, and one or two quantum and damages presentations on both sides of a case. Counsel has always built expert testimony like a brick wall, overlapping, and connecting to create nexus and present strong arguments for liability and damages. In the future I antici pate more experts to further enhance the arguments - thicker and more bricks can make a stronger wall.

How does HKA distinguish itself from competitors in the market?

HKA has an incredibly collaborative group of partners. That collaboration helps us provide multiple options to counsel and ultimately bring the best expert to a case.

We do not view our work with geographic borders, and we offer diversity in our project teams.  We also have an incred ibly deep bench. We focus on providing opportunities for our less-tenured team members to obtain appointments and provide testimony. It is not uncommon for our senior experts to have junior members supporting them who have also testified. That is a really powerful combination and our clients appreciate the unique perspec tive it brings to the case.

What are the main challenges currently facing those looking to develop infrastructure pro jects in the US, Europe and the Middle East?

The entire infrastructure issues turn on many factors that our common throughout the globe. Financing is often at the top of this list. Typically, the political elements of the governing bodies are a second hurdle that must be dealt with. Beyond the political landscape, the approvals and sign off from local governmental bodies and agencies can take many years. The land acquisition and right of way concerns can slow down or halt even the best plans. Environmental concerns often show up as the project plan is developed. Lastly is the litigation that can occur at any time in these large projects.

What has been your proudest achievement to date?

Helping to grow HKA to the preeminent global consultancy in risk mitigation and dispute resolution.

Peers and clients say: “Paul is an excellent advocate who is highly knowledgeable and comprehensive in his approach”

“He is simply amazing regarding a range of construction matters, from testimonies to depositions” “Paul is thorough, creative, prompt and highly effective”

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Joanne Prior

Biography

Joanne Prior, a managing director at Kroll, is a chartered quantity surveyor with over 30 years of expe rience in the construction industry. Joanne is regularly appointed as a quantum expert on large, complex international construction and engi neering projects. She has consider able testifying experience and has given evidence in the Technology and Construction Court (TCC) and in 15 arbitration hearings in the UK and internationally.

What inspired you to pursue a career as a quantum expert?

I’ve enjoyed being a quantity surveyor since my first day as a trainee quantity surveyor, and I’ve been lucky to have some great mentors throughout my career. A couple of those mentors acted as quantum experts and I saw this as something to aspire to.

What is the most signifi cant trend you are noticing in the construction disputes marketplace?

More complexity. This seems to arise out of more complex projects, which are diffi cult to design, coordinate and construct. Disputes have an increasing focus on issues that are driven by utilities, services and technology.

How has your experience as a quantity surveyor enhanced your work as an expert witness?

I use my training and experience as a quan tity surveyor every day. It is essentially still my job, although I am doing it as an inde pendent expert in a dispute forum.

How do you effectively coordi nate on cases when working alongside experts with other areas of expertise?

It is quite often the case that I am working with other Kroll experts, in which case coordination comes about by being in touch

with each other generally. I think that it’s good to try to talk to the other experts to understand how their opinions will impact upon the quantum and this is something I try to initiate.

How are technological develop ments currently affecting the practice of quantum analysis?

We have an ever-increasing volume of data to deal with! This can make it tricky to capture all of the issues and so it’s good to get a searchable document platform set up as early as possible. It seems to me that the parties end up doing this for the hearing in any event and it would probably save a lot of time to get this in place from the outset.

To what extent are current dispute resolution forums an effective means to resolving complex construction dis putes? Would you propose any reforms?

Sticking with arbitration, I think that tribu nals are generally experienced and have good construction knowledge which they use to drive an effective process. In terms of reforms, I think it might be an idea to get early decisions on issues that present large volumes of work for experts. It might also be an idea to get the parties to confirm what is agreed, so that the scope of the experts’ work can be limited to what is not agreed. That sounds like an odd thing to

say but you would be surprised how often experts are starting from different posi tions on what is already agreed.

What qualities make for a suc cessful expert witness?

Somebody who is measured and persua sive. In my experience, those experts who can look at issues objectively and help to resolve the dispute are more likely to carry weight compared to those who take extreme views.

As managing director, what are your main priorities for the practice group’s development over the next five years?

Ensuring that we maintain our high-quality standards, independence and integrity. To do this we need great people and so training and developing our team is key. We work closely together to achieve this, and it has been even more important over the course of the coronavirus pandemic to maintain good relationships.

We are continuing to expand with the recruitment of some really good people and are venturing into new geographies. Building from the Kroll platform, we are expanding our construction business in Canada and North America which is already proving successful. Watch this space!

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”

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Looking back over your career, what is the most interesting case you have been a part of?

One of the most interesting aspects of working in the construction dispute arena is that, while there are many common factors that are present across different cases, the combination of the unique parties involved in a case, and particular facts and circumstances that relate to any given matter, serve to make each case notable in its own right. It is, therefore, difficult to pick out any one case as being more interesting than any other.

Having said that, one of the more recent cases I have been involved in was inter esting due to the fact that the quantum issues in the case were extremely complex, involving both factual and counter factual cost analysis, and the amount in dispute was substantial.

One aspect of this case concerned a claim for delay and disruption costs alleged to have been incurred by the contractor. What makes this aspect of the case inter esting is that it was the developer not - as is usually the case - the contractor, making this claim. The developer sought to prove by use of, among other things, forensic delay analysis in conjunction with a meas ured mile analysis, that the contractor was delayed and disrupted by its own problems, and wrongly included the costs it incurred as a result of those problems within its progress payment amounts claimed from (and paid by) the developer.

Another interesting aspect of the case involved quantifying the amounts that it was asserted would have been paid by the developer to the contractor for a large section of the works, had alleged breaches giving rise to the factual circumstances relating to those works, not occurred. This required a full

remeasurement of the works in question, including the development of thousands of new rates (as would have been required in the counter factual scenario) in order to compare the resulting counterfactual amount with amounts actually paid on a time and material basis to the contractor for those same works. This process was further complicated by the need to have regard to factual circumstances that may or may not have been a relevant consider ation in the counterfactual scenario, such as adverse weather, developer instructed changes, etc.

Finally, the complex nature of this case made the expert process itself as inter esting as the factual and legal issues underscoring the case.  At one point, having issued multiple expert reports, response and reply reports, I participated in a conclave with five other quantum, delay and project management experts – spread all around the globe - culminating in a joint statement signed off by all six experts. The process was logistically challenging to say the least.

What qualities make for a suc cessful construction testifying expert?

In addition to having adequate construc tion industry experience and relevant technical expertise, essential qualities for a construction testifying expert are inde pendence and integrity. It is these essential qualities that afford a testifying expert the necessary credibility that serves to under score his or her opinions. It is also impor tant to demonstrate an awareness of the limitations of your own expertise.

Additional qualities include attention to detail, an ability to remain calm and respectful under pressure, and a reliable memory. A sense of humour helps, too!

How has your work as a chartered quantity surveyor enhanced your approach to tes tifying in construction cases?

I attained membership of the Royal Institution of Chartered Surveyors (RICS) in 1998, and it was one of my proudest profes sional achievements. A fundamental tenet of RICS membership is that a chartered surveyor must “at all times act with integ rity” and “carry out their professional work with due skill, care and diligence, and with proper regard for the technical standards expected of them”. These standards are enshrined in the RICS Rules of Conduct for Members. I seek to apply these stand ards to my professional work, and I like to think that this comes through in the way in which I conduct myself at every stage of a case, from initial appointment through to providing expert testimony at a hearing.

How do you see your practice developing over the next five years?

I established FTI Consulting’s construction solutions practice in Australia in 2012. Over the last 10 years I have been very fortunate to have been supported by a team of excep tionally talented individuals. Over the next five years, I hope to see several of those team members step into senior leader ship roles within FTI Consulting, and begin to undertake expert commissions in their own right.

We will also continue to grow and expand the construction solutions prac tice, particularly in the eastern states of Australia, and potentially also into New Zealand.

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”

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What did you find most chal lenging about becoming an expert in the construction sector?

I was relatively young when I first testified as an expert. As a result, I had to overcome the perception that my age was a hurdle to my ability to provide credible testimony. I learned that an effective way to overcome this perception was to ensure that I knew the relevant details inside and out.

In what ways has your practice changed since you started?

While the fundamentals of my expert analysis of delay and quantum have not changed, the projects that I am involved with have increased in size and complexity and thus, require the evaluation of signifi cant populations of relevant records and data. In addition, I am now involved with more engagements that include the pursuit and substantiation of claims while projects are still ongoing – as opposed to formal claims that are pursued once construc tion is substantially complete. Among other things, this requires that analyses of delay and quantum are based on a specific cut-off date and are updated in order to be considered as-built progress and costs incurred.

How do you effectively coordi nate on cases when working alongside experts with other areas of expertise in multiple jurisdictions?

Based on my experience, effective coor dination when working with other experts in multiple jurisdictions includes the following: 1) clear definition and deline ation of expert scopes including what, if any, opinions each expert will rely upon in forming their opinions; 2) increased level of communication between counsel and

experts; and 3) timely completion of expert analyses and development of opinions to allow adequate time for experts to coordi nate prior to submission of expert reports.

With increasing amounts of cli mate-related construction pro jects arising, to what extent do you think that the construction industry will be at the forefront of climate change in the next few years?

Regarding climate-related construction, my team and I are seeing an uptick in the number of claims related to projects involving renewable energies. Given a perceived sense of urgency to progress and complete such projects, there is the poten tial for such projects to involve accelerated and or/reduced levels of pre-planning, which could result in subsequent delays and related disputes. A rise in the number of such projects may also serve to create competition between complex projects for design and contractor resources, which has the potential to result in delays and related disputes.

What opportunities and chal lenges are currently being pre sented to the next generation of experts entering the construc tion sector?

Given the available funding for construction projects relating to infrastructure and the number of ongoing mega-projects, I expect there will be no shortage of opportunities relating to construction claims, which in turn may create additional opportunities to provide expert testimony. I expect there will be challenges relating to the growth and advancement of individuals in the claim space due to the remote work environ ments that are more prevalent today.

How do you see technological advances affecting construc tion delay claims?

Technological advances have improved the ability to efficiently review and effec tively organise records, project schedules and data. These advances are particularly beneficial given the steady increase in the amounts of data and records associated with disputes involving mega-projects. Additionally, the frequent use of technology to transmit large amounts of data and to conduct virtual client meetings and hear ings may reduce the fees and expenses relating to pursuing and resolving formal disputes, while allowing us to better serve clients located throughout the world.

What makes FTI Consulting stand out from its competitors in the market?

The FTI Consulting team includes multilin gual experts with diverse backgrounds and in-depth industry experience. Additionally, FTI Consulting’s senior experts have a proven track record in international arbi tration and dispute resolution consulting. Furthermore, the breadth of expertise possessed by FTI Consulting’s senior experts, which extends well beyond construction claims, provides opportuni ties for our team to better serve the overall needs of our EPC contractor and owner clients.

Looking back over your career, what has been your proudest achievement?

I am most proud of the team that I have had the opportunity to work with over the past 23 years and our reputation in the industry for providing credible analysis and opin ions. I am also proud of the long-term, trusted relationships that we have devel oped with our repeat client base.

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”

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Paul Roberts

Paul is managing director of Secretariat, based in Australia.

a chartered quantity surveyor of 37 years providing commercial, contractual and dispute manage ment services, he is experienced in a wide variety of building, engi neering, mining and petrochemical projects throughout Asia, Australia, New Zealand and the UK. He has been appointed as quantum expert in construction proceedings over 100 times in Australia, Hong Kong and New Zealand and has given oral testimony in courts and arbitrations.

What would you identify as the most rewarding aspect of your role as a quantum expert?

The most rewarding aspect of my role is consistently working with some of the sharpest minds, on some of the most complex projects anywhere in the world, where there is a diversity of contracting parties, contractual relationships, geographic locations, jurisdictional and technical considerations.

What challenges do you face working across multiple dif ferent states and jurisdictions throughout Australia?

In addition to the differences in legislation and procedures, the most obvious chal lenges faced when working across all states and territories throughout Australia are the vast distances, largely inhospitable landscape and the different time zones. For example, the construction of many large oil and gas, renewables and resources projects take place in remote locations where local labour is scarce and it is there fore necessary to source the workforce from interstate, with the resulting addi tional costs of wage premiums, travel and accommodation.

As managing director of Secretariat’s Australia opera tions, what are your main prior ities for the firm’s development over the next five years?

My main priorities for Secretariat’s devel opment over the next five years is to find and employ the best available professionals at all levels and with diverse backgrounds that can work together and contribute to a high-performing team. This will enable Secretariat to maintain delivery of the high-quality service our clients expect and enable me to ensure an effective succes sion plan is in place for the future sustain ability of the business.

How has the coronavirus pan demic and the associated social

distancing measures impacted the way trials are conducted in Australia?

Soon after the pandemic took hold, when travel and social distancing restrictions were imposed, lawyers and tribunals quickly adapted and changed the way hearings and trials are conducted. Virtual hearings (ie, live video links), where some or all the tribunal members, lawyers and witnesses are in different cities, or even countries,  have become commonplace. Based on my positive experiences, these arrangements are, at least in part, likely to become the norm in the future.

To what extent is there a higher demand for experts following the surplus of resources and large infrastructure projects throughout Australia?

During my almost 15 years in Australia, the volume of work in each respective state and territory has fluctuated. In my experience, although the industry or sector in which experts operate has varied depending on the prevailing market (eg, coal seam gas, public infrastructure, and natural resources), good experts are always in high demand.

clear rules of measurement that talk to the contract.

There is no doubt in my mind that the most effective way to help clients mitigate risk and avoid disputes in construction projects, is to invest in highly competent and proac tive industry practitioners from very early in the process and allow them sufficient time to add the value of their experience to the project. For example, engaging experi enced designers and constructors to jointly develop a detailed design, battle hardened quantity surveyors using their experience of administering contracts to advise on appropriate risk apportionment that is reflected in robust pricing documents with

Each of Australia’s six states and two territories have, to a greater or lesser extent, their own ways of doing things. For example, each state has its own political institution that forms part of the federal structure and the legislation relevant to the construction industry can vary significantly in each. Some jurisdictions have  stringent licensing requirements with substantial penalties for breaches (eg, QLD) whereas others’ (eg, NSW) have taken a more relaxed approach. In addition, all the secu rity for payment regimes differ, in some cases significantly to the rest of the country (eg, VIC). It seems a logical proposition that more uniformity would assist all parties become familiar with a more common way of working which, I suggest, would make the industry more efficient.

What qualities do clients look for in an effective quantum expert?

The qualities sought in an effective quantum expert may depend on the client and the forum. For example, in adjudica tion (where experts do not give evidence orally), an expert’s experience in being cross-examined may not be an important consideration. Whereas, in arbitration (where the expert is invariably required to give oral evidence), the expert’s experience in being cross-examined may be one of the most important qualities. Regardless of the forum, the main qualities valued by most clients are that the expert has the appropriate training and relevant experi ence and, just as importantly, the ability to discharge, and be seen to discharge its duties to the arbitrator, tribunal or court, through the provision of cogent, inde pendent and impartial evidence.

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”

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In your view, what is the most effective way to help clients mitigate risk and avoid dis putes in the early stages of a construction project?

To what extent do you think there needs to be more uni formity with regards to regula tion in the construction industry in Australia?

Describe your career to date.

I qualified as a quantity surveyor in 1990 and then, alongside my job in a quantity surveying practice, studied part time for a law degree between 1991 and 1995. Following graduation I joined the disputes team of Davis Langdon, where I became a partner in 1998. Throughout my earlier career as a quantity surveyor (and in addi tion to my typical quantity surveying duties)

I had provided advice to architects and others on dealing with delay claims and, after joining Davis Langdon, continued to do so in an expert witness capacity. I first gave oral evidence in the Technology and Construction Court in London in 1999 and, in the intervening 23 years, have given evidence approximately 20 times. Cases have included defence establishments, major teaching hospitals, luxury hotels and apartments, commercial and administra tive buildings, major oil and gas infrastruc ture, hydro-electric, nuclear, coal fired, solar, wind and biomass power stations, deep water harbours, major trunk roads, bridges and rail and metro infrastructure. Projects concerned have been located in the UK, North Africa, the Philippines, North and South America, South Africa, Ukraine and the Middle East. After spending 17 years with Davis Langdon, with the final four years heading up the disputes team, in 2012 I founded Tempus Delay Analysis and I remain the senior partner.

What qualities make for a suc cessful testifying expert in today’s environment?

Calmness and an attention to detail. Testifying before a tribunal is an intense and very public experience, and it is difficult to properly deal with questions without a thorough command of the detail of the matters in dispute. This extends to the undertaking of analysis and drafting of expert reports, which should be done primarily by the person testifying rather than by assistants. In my experience the expert is best placed to properly deal with questions in the highly pressurised envi ronment of cross-examination if he is the person who has been through the neces sary thought process while undertaking the detail of the analysis and drafting of the report. It is also important to remain calm under what can become quite hostile questioning. Pausing to think before

answering helps to settle and clear the mind, although lengthy awkward silences should be avoided. The tone of any answers should be calm and measured and answers should not be rushed. Answers should be kept relatively short and on topic. Long and rambling answers simply give crossexamining counsel more ammunition to work with. The expert should avoid being argumentative and should not seek to offer opinions on matters outside his or her area of expertise. It is also useful to pay attention to cross-examining counsel’s body language, as this can betray signs of being rattled or wrong-footed. Similarly the expert should be careful not to betray nerv ousness in his or her body language. One aspect of this is not to be seen checking the time, which can be interpreted as a sign of weakness. As a final point, in the postcovid-19 age it is likely that more testifying will be carried out remotely via video link. It will be important, therefore, for experts to ensure that they can comfortably perform on camera and in an environment with different dynamics to those experienced in a hearing room.

How have the construction plan ning techniques evolved since you first started practising? How is technology assisting in your abil ity to make strategic decisions? The basics of construction planning, in terms of the use of critical path method, have changed relatively little in the time that I have been practising. That said, the expanded use of technology and the increased capability of planning software has made planning and programming a much more effective tool in the manage ment of construction projects, as has the increased use of risk management tech niques. The process of preparing and reporting against programmes, and using them to explore alternative scenarios, has been vastly speeded up and made much more manageable by these developments, and this has facilitated strategic decision making on the part of those relying on these programmes. The methods avail able to delay analysts have also developed significantly over the course of the past 25 years, and there are now a number of different options and techniques which can be applied in different sets of circum stances. Furthermore these, along with

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their benefits and limitations, are much more clearly understood than was the case at the beginning of my career, when forensic delay analysis was largely confined to the United States and we did not have the benefit of the proliferation of experience, development and discussion that has taken place in the intervening period. One of the more obvious examples of this is when one compares the content of the first and second editions of the Delay & Disruption Protocol published by the UK Society of Construction Law (the first published in 2002 and the second published in 2017).

The first of these was largely restricted to the use of a single technique (time impact analysis) and was not widely adopted, whilst the second offered commentary on a range of different techniques which have been developed in the meantime and has experienced much more widespread acceptance by practitioners. This has facilitated more constructive discussions between opposing experts and has also assisted tribunals in better understanding the merits and shortcomings in opposing analyses.

Needless to say it is important that an expert’s opinions are based on a thor ough and cogent analysis that can with stand the scrutiny to which it is likely to be subjected during formal proceedings, and in particular under cross-examination. This, of course, will be largely determined by the analytical skill of the expert and his team, and his or her ability to express opinions in a way that limits opposing counsel’s ability to attack and undermine the expert’s conclusions. Language is a powerful tool in this regard. Studying for a law degree impressed upon me the value placed by lawyers on the use of appro priate language, and in my experience this applies to the tribunal as much as it does to the lawyers retained by the parties. The expert’s ability to describe his analysis and express his opinions in clear and cogent terms is therefore key to being able to deal with issues in cross-examination, and to persuade the tribunal that his or her conclusions should be preferred. Loose language provides opposing counsel with

What is the key to building pro gressive and iterative opinions that can withstand rigorous cross-examinations?

opportunities to undermine the expert’s evidence and decreases the likelihood of the tribunal preferring that evidence. In preparing robust opinions it is also impor tant that the underlying analysis should be properly stress tested. This requires the expert to be open to potential alter native points of view, and to be aware of evidence which may be used to question or otherwise undermine his or her analysis. Previous experience of cross-examina tion is hugely helpful in that regard, as it leaves the expert with an acute sense of how gaps or weaknesses in the analysis can be exploited by opposing counsel and how this is likely to affect the tribunal’s findings. Peer reviews are very useful in subjecting an analysis to stress testing, but it is also important that the expert is able to challenge his or her client and instructing lawyers on any points of potential vulner ability. Needless to say, it is vitally impor tant that an expert can demonstrate to the tribunal that his or her opinions have been independently and objectively arrived at and have not been unduly influenced by the exigencies of litigation/arbitration and any perceived need to support the client’s position. The stress testing of the analysis is an important factor in achieving this.

potential exposure to liquidated damages of half a million dollars per day, and under standing what this means to clients in practice, is a marvelous way of focusing the mind. I would also note that one of the key skills of a quantity surveyor is to be able to break down even the most complex of projects into each of its constituent parts. As a quantity surveyor, the purpose of doing so is primarily to allow the works to be costed. However, it also allows one to properly appreciate the way in which the different elements of a project fit together on site and have to be managed in order to allow timely completion of the project.

Many of the delay experts I have encoun tered in the course of my career have back grounds either as quantity surveyors, or as engineers or architects, rather than as planners. I myself spent 10 years as a quan tity surveyor prior to focusing primarily on delay analysis and dispute-related work. One of the advantages of being a quantity surveyor, I would suggest, is that it brings one directly into contact with those aspects of a construction project which matter most to clients (ie, those which determine the financial success or failure of a project).

Quite often this is aligned to a contractor’s ability to complete the project on time. Appreciating, for instance, that delays to energy sector projects can result in

I was lucky enough to have studied for my quantity surveying degree prior to the wide spread use of planning software. As part of our course we were taught critical path analysis from first principles and without the assistance of software. Activity flow charts and logic links, backward passes and forward passes, early and late dates, manual calculations of float and how to identify the critical path. Being able to carry out these tasks manually sparked an interest in programmes and critical path analysis in me, which endures to this day. It also gave me an insight into the mechanics of the critical path method, which makes it much easier to comprehend the results of the analysis which I now carry out using sophisticated planning software. Insofar as the challenges faced by my clients concern the ability to measure and explain the cause of critical delays to the programme, this is how my experience as a quantity surveyor has helped me to address those challenges.

Some practitioners suggest that if younger practitioners are men tored during their first time taking on a more complex project, it’d be a win-win for the firm in terms of talent development and for the clients as a fail-safe approach. To what extent do you agree with this notion and is there a similar model in place at Tempus?

I agree with this as a general proposition. That said, measures need to be in place to

ensure that the younger practitioner can increase their depth of knowledge and be free to make (and learn from) mistakes in a way that will not ultimately compro mise the delivery of sound advice to the client. I do think that it benefits those in the earlier stages of their careers to experi ence the “sturm und drang” of the dispute resolution progress in a way that assists in their personal development but does not prejudice our clients’ interests, and I think that proper mentoring is a good way of achieving this. We are a relatively small and senior team at Tempus but we do have junior and less experienced members of the team and we seek to introduce them to the rigours of the role in just such a way. This includes encouraging them to attend hearings so that they can properly appre ciate how the work which they carry out will ultimately be put to the test.

What has been your greatest achievement to date?

I have had a number of notable successes as an expert witness, some of which have been reported and are therefore a matter of public record. It is always, of course, satisfying when one’s work has resulted in a successful outcome for a client, but it is particularly so if one’s evidence has helped to supplement the available legal authorities insofar as they relate to matters of delay analysis. However I would have to confess that the achievement which gives me the most satisfaction overall is that Tempus Delay Analysis continues to be successful after 10 years in practice and largely with the same team in place that we had on day one.

What is the best piece of advice you’ve ever received?

From my late grandmother, a lady from the north of England who experienced a few headwinds during the course of her long life. She had a phrase which (adopting her accent) is best reproduced as ‘keep gooin wit yed deahn’. Loosely translated it means, in the face of challenge and adversity, just put your head down and get through it. That piece of sage advice has never failed me.

How does your prior experience as a quantity surveyor facilitate your understanding in the chal lenges your clients face?

WWL says: Ian Robinson is looked upon with enormous favour by sources who consider him “one of the best delay experts in the market”.

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Colin Russell

Biography

Colin Russell is a chartered quantity surveyor and fellow of the Chartered Institute of Arbitrators with more than 28 years of experience in the construction industry. Having worked in the UK, Europe, Asia and the Middle East, Colin has world wide experience specialising in all quantum matters. Colin’s experi ence, obtained through working at all management levels within construction companies and consul tancies, allows him to analyse the issues at the heart of construction disputes quickly and proficiently.

What inspired you to practice in the Middle Eastern construc tion market?

Working outside of the UK was always an ambition of mine. I was aware of the scale of the market and size of the projects here through family connections and colleagues in London that had worked in the Middle East. When I eventually had the courage to leave the UK, it was top of the list of destinations.

How does your background directing project management and construction companies enhance the skills you bring to your role as an expert in the sector?

Arbitration tribunals are generally from a legal background and will look to the experts to provide a practical perspec tive on the matters they are appointed to provide an opinion on. I believe that this practical perspective can only be gained from the experience of actually working on the delivery of projects and dealing with the day-to-day problems that arise in doing so.

As I have worked extensively on construc tion sites, I am able to use my hands-on experience to provide a practical perspec tive in my opinions in a simple understand able manner. In addition, as I have worked on ‘both sides of the fence’, I am also able to fully understand the matters in dispute from both the employer’s and contractor’s perspective. This means that I am better able to form balanced opinions that assist the tribunal.

where the claimant had a strong case but, had it not been for a third-party funder, the claimant would not have been able to take the dispute to arbitration.

From my experience, funders do not become involved in the arbitrations they are funding, but the funders are often more willing to ensure that the highest level of expertise is appointed as they are less influenced by budgetary constraints.

accommodating attendees’ different time zones.

However, I do actually prefer meeting in person, and I believe that working face to face is more advantageous both in terms of output and enjoyment.

The main influence has been to allow claimants to pursue disputes when they have not been able to afford to do so. I have been involved in a number of disputes

The best way of remaining impartial and independent is to understand what this actually means for an expert and, in order to do so, proper training is important.

Before I undertook any expert witness work, even as an assistant, I competed the RICS Expert Evidence course and obtained a BTEC Level 7 Advanced Professional Award in Expert Witness Evidence. It was through this training that I understood the duties of the expert to the tribunal.

As a chartered quantity surveyor, I am required to abide by the RICS Practice Statement “Surveyors acting as expert witnesses”. The Practice Statement clearly states the requirements and guidance for remaining impartial and independent and is a document that I use continually to ensure that I do so.

I would not say that there have been any significant methodological changes in the way I conduct the analysis but, overtime, I have continued to improve my analysis by making it as simple to understand as possible.

Over the last few years, I have seen a move towards appointments of single experts that can undertake both the delay and quantum analysis together. I believe that an expert able to undertake both can remove the disconnect between two separate experts that can sometimes arise and I am also looking to pursue such appointments.

What do you enjoy most about working for HKA?

HKA is a people-orientated business and I thoroughly enjoy working with my HKA colleagues at all levels of experience and learning from them.

What has been the highlight of your career so far?

The shift to virtual working has consider ably reduced the amount of travelling that I used to undertake, and my carbon footprint must have likewise reduced considerably.

I recently took part in a virtual arbitra tion hearing and was surprised how well it worked, with the only difficulty being

I certainly regard my first appointment as a director when I was in my early thirties as a highlight as I learnt greatly from the experience. From a personal point of view, I was deeply touched when my construction company colleagues voted me ‘Employee of the Year’ in recognition of the efforts I made to secure work for the business during the global financial crisis.

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”

whoswholegal.com/thought-leaders

What influence are third-party funders having on disputes in the construction sector?

What are the best ways of remaining impartial and inde pendent when providing analy sis and testimony?

What advantages and disad vantages have the recent shift to virtual working had on your practice?

Over the past few years, have you noticed any significant methodological changes in the way you conduct your analyses?

Mike Saulsbury

What have been some of your greatest career highlights?

I have had the privilege to live and work in the United States, the United Kingdom, and now the United Arab Emirates. While that naturally involved some professional and personal transitions, it has given me the opportunity to meet and work with people, and work on exciting projects, that I might not have had the opportunity to do otherwise.

Why did you choose to special ise as a construction expert and what do you enjoy most about this role?

Construction projects are by their nature challenging and dynamic, and rarely go exactly as planned. Early in my career I was exposed to some of the more compli cated project management issues such as dealing with claims and extensions of time.

I found the necessary forensic investiga tions that I was doing to be interesting. As a result of those early experiences, I decided to pursue opportunities to build my career as an expert on even more challenging projects.

What do clients look for in an effective testifying expert?

A dispute exists because the parties do not see eye to eye. If things were perfectly clear to everyone involved, then there would be

no need for an expert. In those circum stances, clients want, and need, an expert who provides objective, impartial, and wellreasoned opinions in order to bring more clarity to the dispute. Tribunals demand the same. Unless experts are able to do that effectively, the value they bring to the process is minimised.

How do construction litigation and arbitration proceedings differ? Which do you prefer?

I have experience in both construction liti gation and arbitration. Most of my work in the Middle East is in the arbitration arena. It is not so much of a preference, but the reality of how most complex construction disputes are resolved here, especially with the dynamics of what are often interna tional stakeholders.

What can independent experts offer in the market?

For a long time, the Middle East was domi nated by claims consultants. As the dispute resolution market has matured, that has since changed and there are now a greater number of locally based experts special ising in construction disputes and arbi tration. In arbitration environments, the most effective experts assist the tribunal by providing clear, independent opinions on the issues in dispute within their particular expert discipline.

Which types of projects are resulting in the most disputes at the moment? Why do you think this is?

Going back a decade or more, Middle Eastern countries invested heavily in brand new or expanded airport infrastructure. With those projects completed, there has been subsequent investment in metro projects across a number of major cities. As large projects with multiple stake holders and complex delivery and supply chains, those projects have led to some disputes.

What is the greatest piece of career advice you have received?

I have had the privilege of working with many construction industry profes sionals, lawyers and other experts in my career, many of whom I owe gratitude for their mentorship and development in my career. While it is hard to pinpoint a single piece of advice, a number of people have instilled upon me the benefits of being a lifelong learner. It is a process that enables continued growth and adaptation to changing times throughout one’s career. You certainly can teach a dog of any age new tricks.

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”

whoswholegal.com/thought-leaders

Ted

Mr Scott is a managing director of Secretariat International and over sees their West Coast practice in the United States. He is a licensed civil engineer, specialising in dispute resolution, delay and disruption analyses, cost overruns, sched uling and project controls. Mr Scott has been appointed as an expert on numerous disputes in Asia, Australia, Europe, North America and the Middle East. He has testi fied 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.

To what extent is remote work ing as a result of covid-19 highlighting the importance of face-to-face interaction in con struction projects?

Although people can be productive while working remotely, after a while you start to lose and miss the camaraderie of your team. Collaboration is much easier and more effective when everyone is in the same room. Teams can breed new and fresh ideas. Good teams are supportive of its members and they build morale. This also applies to building client rapport and understanding the finer details of a project.

What do you enjoy most about your work as a construction expert?

I really appreciate the breadth and array of projects that I have been able to work on throughout my career. Most construc tion professionals work on one project at a time and usually for several years. As a construction expert, I may have multiple active matters ongoing at any point in time.

As a result, I have been able to work on a significantly greater number of projects than if I had remained in the field. Given that every project is unique, I have also been exposed to a commensurate number of issues and then seen their resolution play out.

What advice would you give younger practitioners under taking their first crossexamination or hot-tubbing proceeding?

There is nothing more important than your independence. Without it, an expert loses

their credibility. This belief is at the core of Secretariat’s mission and something we built the company around. It cannot be compromised. Practitioners must preserve it regardless of the pressure a client might put on you.

Architecture has led the way in designing buildings and infrastructure to be more sustainable. The construction industry now needs to catch up. From using renewable energy sources for powering equipment, to developing low-impact materials made from recycled or repurposed materials, to simply minimising construction waste –the entire construction industry can play a part in helping mitigate climate change.

You are a co-founder and direc tor of the Law Rocks event. What are the goals of the event and what do you enjoy about it the most?

In ten years, Law Rocks has already grown more than I ever imagined. We are closing in on 130 shows and just over $4 million raised. Covid-19 did slow us down, but we are coming back strong now. That commit ment to doing good while also having fun is a testimony to the legal community and highlights that everyone is a ‘rock star’ in their own way. I’d like to get to the point where we are raising $1million a year. That is my three year goal.

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”

whoswholegal.com/thought-leaders

With increasing amounts of cli mate-related construction pro jects arising, to what extent do you think that the construction industry will be at the forefront of climate change in the next few years?

Richard Sieracki

Rich Sieracki is a delay and quantum expert with over 45 years of experi ence in the construction and engi neering industries. He has acted as an expert on numerous occasions in international and domestic arbi trations, federal and state courts, mediations and alternative dispute resolution (ADR) proceedings. Rich has worked on a variety of projects including aerospace, buildings, defence, industrial, infrastructure, oil and gas, power and utilities, and technology throughout Asia, Europe, the Middle East, and North and South America.

What has inspired you to remain in the construction industry for over 45 years?

I have remained in the construction industry for over 45 years as I have continued to be intellectually challenged by issues involved in the work and I enjoy working with younger up-and-coming indi viduals in the industry.

What challenges arise as a result of projects becom ing more complex and multidisciplinary?

Coordination of multiple parties involved in a project results in challenges in coor dinating the work. The team needs to be sure that opinions of fact and experts are coordinated. Also, the volume of data that exists and developing a plan to minimise duplication of work is key on complex and multidisciplinary projects.

How do you effectively handle the increasingly large volume of data when analysing delay and quantum issues?

When faced with large volumes of data, we initially look for standard types of docu ments in performing our work. These include schedules, budgets and cost reports and monthly progress reports among others. We then develop issue lists

and search for documents related to the issues.

What do clients look for in an effective construction expert witness?

Clients look for an effective communicator with an appropriate industry background as an expert witness. The expert needs to spend an appropriate time preparing to testify.

What advice would you give younger practitioners under taking their first crossexamination or hot-tubbing proceeding?

In preparing for a first cross-examination or hot-tubbing proceeding, the expert needs to review their report and work papers and the report and work papers of the opposing experts. In addition, an expert needs to focus on the major points of disa greement, understand the opposing expert position and develop anticipated answers to questions that are likely to be asked.

What has been your greatest achievement to date?

My greatest achievement has been working with and developing younger individuals to become experts in the industry.

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”

whoswholegal.com/thought-leaders

Chris Spandau

Biography

Chris has provided professional engineering services to public and private sector clients for over 40 years. His expert witness work has included negotiation, mediation, arbitration, litigation, and neutral evaluation proceedings. Chris is focussed on geotechnical and civil engineering aspects on heavy civil projects. He has been admitted as an expert on dozens of individual cases with disputed damages to nearly $1 billion. His expertise covers standard of care, causation, and entitlement analysis.

What motivated you to become an expert witness in the con struction industry?

I was initially motivated by the challenging environment common in the expert witness space. I have come to really enjoy that each assignment is completely different with its unique and complex interpersonal dynamics and technical issues.

What qualities make for a successful testifying expert, beyond knowledge of the field?

Expert witness work is not for everyone. A successful expert witness realises that their credibility requires them to be honest and objective in their assess ments. Telling a client what they want to hear, in the absence of supporting facts, must be avoided at all costs. A successful expert witness helps their client see and consider the strengths and weaknesses of their case. Lastly, it goes without saying a successful expert witness must be able to breakdown and communicate complex engineering concepts into an easily followed narrative.

Why do you think some parties are moving away from the usual practice of seeking their own individual expert assessment and instead getting a collective assessment for a dispute?

The answer is simple. Conflicts burn a tremendous amount of time, money, and energy. The use of collective assessments moves the process along more quickly by avoiding the analysis/rebuttal/re-anal ysis/re-rebuttal cycles between duelling experts. I have recently worked on one assignment where the opposing experts

first created their own analysis. Once reports were exchanged, the opposing experts met and conferred over a period of weeks to develop a joint expert report. This abbreviated expert report defined which topics there was agreement on and where differences between the experts remained. This was very helpful for the arbiters to sift through all the “noise” and focus on the primary issues in dispute.

How do you effectively prepare for a testifying case?

Preparation is key to providing a clear and concise narrative of the primary facts in each case. I typically perform a highlevel scan of the dispute and the project documents first. From this, I develop a high-level outline or the “contours” of the matter. Only then will I engage with my client in detailed discussions.   The firstcut approach helps me to form my own impressions of the major elements of the case and helps me avoid falling into group think or possible steering by my clients.

I then engage in more detail to better understand any inconsistencies or open questions. The first independent due dili gence approach is crucial to discovering key factors in the dispute while maintaining absolute objectivity.

How does your background in geotechnical engineering enhance the expertise and analysis you bring to construc tion cases?

Geotechnical engineering is viewed as a complex topic and not easily under stood in the industry. I have developed a simplified approach in explaining complex topics so that my clients can understand

geotechnical issues without having to get an advanced degree. I think my expertise in geotechnical, civil and materials engi neering gives me a keen insight to identify key factors that may not be apparent on the surface.

What challenges do you face with the increased volume of data being used in disputes?

The volume of data can be daunting. I focus on the “contours” of the matter first as I discuss in 4) above. I also rely on support staff and electronic document search engines to identify key documents.

I have seen advisory and business consulting companies moving into the expert witness space with only mixed success. I have also seen the integra tion of the technical, schedule/delay and damages experts into integrated efforts. Lastly, I have seen the use of early interven tion practices to resolve disputes during the project cycle, not just at the end.

What advice would you give to younger engineering experts hoping to one day be in your position?

Keep your focus on the facts and always maintain objectivity. You are not trying to prove how right or smart you are. You are being asked to assist in resolving a dispute based on your best assessment of the matter. You also need to be honest with your client when the facts may not be on your side.

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”

whoswholegal.com/thought-leaders

How has the market changed since you first started acting as an expert witness?

Taft

as

How have methods of quantum analysis changed since you started practice?

The essential methods have changed little, and in my experience it doesn’t pay to keep trying to re-invent the wheel. That’s not to say that there are no changes or no need to seek improvements and keeping up-todate. Of course, it’s important to keep abreast with developments in the law in different geographies/jurisdictions and, as a quantum expert, continued professional development is essential as for all practi tioners. But overall, what can be regarded as ‘good practice’ concerning methods of evaluation for claims such as prolongation or disruption, is, in large part, as it was 25 years ago. Obviously, developments in IT and data analysis mean that vast amounts of data can be analysed in ways that were unthinkable years ago – but this is more about the nuts and bolts of the process rather than basic methodology.

What is the key to success in acting on high-profile projects such as the Panama Canal Expansion?

While always a privilege to act on highprofile projects it’s important not to be ‘fazed’ or intimidated because, when it comes down to it, the issues and problems are usually the same. On large matters, a key to success is having excellent assis tants that you can rely on to respond under pressure, to know what’s required and to help you achieve the required quality.

What opportunities and chal lenges are currently being pre sented to the next generation of experts entering the construc tion sector?

In my experience in recent years, I’m seeing increasing numbers of large disputes and fewer early commercial settlements being achieved. So, this trend is posing increasing challenges on the next genera tion of experts. I also sense that the devel opments in IT which one might think will make life easier has, in many cases, the reverse effect: for example, the expecta tion, of being able to process vast quanti ties of data in short timescales can place a huge burden on a quantum expert engaged on a matter with large volumes of often poorly collated data.

In what ways does Secretariat distinguish itself from competi tors in the market?

Secretariat may not be large compared to some competitors – but I’ve not worked at a practice with such a strong bench of outstanding experts and support staff.

It’s no surprise to me that we have been ranked so highly in recent years compared to competitors many times our size. Accessibility and responsiveness are also key hallmarks in our business.

How do you navigate disputes arising from construction projects that involve com plex international investment treaties?

and this, in turn, will help the legal team to develop their strategy – including my own instructions. In other words, there is a two-way process of experts needing to advise to help lawyers navigate the way forward.

I’ve little doubt that, post pandemic, there will be more done on a virtual/remote basis if nothing else to save time, cost and the environment. That said, I personally still prefer face-to-face sessions so you can “read the room” and pick up on nuances that can be missed when working virtually. There is a balance to be had.

Most of the challenges in navigating disputes on projects involving complex international investment (bilateral or multilateral) treaties will, of course, be the domain of lawyers. In my role as an expert focused on claims under a construction contract, I have to rely on receiving instruc tions from the legal team, but frequently, although lawyers will have an under standing of all layers and aspects of the dispute, they will need to hear from me about the issues and risks concerning the aspects of the claim I will be focused on;

This may be linked to my observation at question four above, namely there being increasing numbers of large disputes and fewer early commercial settlements being achieved. A longer-term focus and a desire for collaboration with all parties focused on shared objectives, would help bring about better outcomes. Disputes and, specifi cally arbitration, will always be a necessary part of the construction industry – because parties won’t always agree and construc tion projects are challenging and costly enterprises. But a change in approach when parties enter into contract could help reduce polarisation.

I have referred to the developments in IT under question four. I noted the oftenadverse effect of an increasing expectation, of being able to process vast quantities of data in unrealistic timescales. However, I am seeing instances of sophisticated project and programme management tools enabling rapid updates and bringing about more reliable and timely updates of delay assessments. That said, I’m also seeing large construction projects being managed with very limited numbers of planning and commercial staff – so although techno logical advances can help, a lack of staffing can result in such benefits not being real ised. As a result, contractors can frequently struggle to establish assessments of delay without external support.

Peers and clients say: “George is an incredibly strong and reliable expert” “He is particularly experienced in construction and employer-orientated work”

whoswholegal.com/thought-leaders

To what extent do you expect virtual preparations and hear ings to become the new normal for international arbitrations?

Experts have recognised that the construction industry is evolving, and owners and con tractors are becoming increas ingly short-term focused. What impact is this having on con struction disputes?

How do you see technological advances impacting construc tion delay claims?

James Taylor

James Taylor is a senior

director in the construction

tions

Describe your career to date.

I started out as a PQS working for devel opers and other commercial clients, which is where I developed my initial under standing of quantity surveying. I later worked for a large international contractor as their contracts manager, which gave me a detailed insight into the other side of the coin. It was at this point that I knew I wanted to focus my career in dispute resolution. Having been involved from the contractor’s side in a couple of arbitrations, I then moved on to start my career as an expert witness.

In what ways has your practice changed since you started?

From a personal point of view, starting off as a quantity surveyor and then moving into contracting and then dispute resolution, there has been significant change in the work that I have been undertaking. The dispute resolution side of things tends to open you up to experience in many more areas. From an industry standpoint, the major changes that I have witnessed in the more than 30 years I have been working is the greater and greater use of technology to make our work more efficient. Transfer of information is much easier, though this does tend to lead to the transfer of huge volumes of documents, not all of which are necessarily helpful. However, the use of artificial intelligence in document manage ment may help to reduce the time spent reviewing so much documentation on large disputes.

How do you effectively coordi nate on cases when working alongside experts with other areas of expertise in multiple jurisdictions?

When working with experts from other jurisdictions I find it is extremely useful to have to face-to-face update meetings at

certain intervals with all experts present as there can be issues relating to one area of expertise that the team haven’t necessarily considered will affect another area. Additionally, you will often find that there are specific issues that one expert can assist another expert on and include in their report, such as methodology for repairs which need to be set out by an engi neering / architectural expert, but priced by a quantum expert.

Construction cases are becom ing increasingly complex with immense amounts of data to analyse. How are experts addressing the challenges posed by these changes to deliver effective analyses?

The resolution of complex construction disputes often includes extensive inter rogation of facts and technical complexi ties. Arbitration is possibly the most widely adopted forum for resolving such disputes, though it is often criticised by the parties as being protracted and costly and many wish to streamline the process and make it more efficient. The challenge is therefore to strike a balance between the need for detailed forensic investigation, that they invariably require, and finding ways to make the process more economical enabling the tribunal to reach a decision earlier.

“Best practice” training companies, such as the Academy of Experts have helped to greatly improve the training of aspiring experts. For example, they run training and refresher courses for both new and seasoned experts with varied experience, sharing recent case law and decisions which may impact their work as experts. Firms can certainly assist their up-andcoming experts with this training. Also, we see law firms that want to train their staff for cross examination, so we can kill two birds with one stone by allowing the lawyers to practice cross examination on the aspiring experts, hopefully show casing their abilities to the law firms in the process.

What is the most rewarding aspect of working as a con struction expert witness and why?

One of the major challenges for the expert is being able to take complex issues, analyse them, and explain how you have dealt with them in a way that is easily understood by the Tribunal. The most rewarding part is when the legal team acknowledge your efforts in that respect and then come back to appoint you again on another commission.

I have definitely seen an uptick in disputes in the renewable energy sector, be that hydro, wind or solar, which, one would imagine, arises largely because of the expansion of that sector, coupled with the fact that it is a relatively immature market that is still developing.

What is the best piece of advice you’ve ever received?

The role of an expert can be very stressful at times, especially when you are preparing for a hearing, but I remember being told “like what you do, and with whom you do it”, and it certainly takes some of that stress away if you play to this.

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/thought-leaders

In which sectors have you seen an uptick or downturn in activ ity recently? What do you think is driving this?

What role can firms play to better assist up-and-coming experts in gaining their first appointment as an expert witness?

Michael Tonkin

Michael Tonkin is a highly qualified and experienced testifying expert witness in quantum with 30-plus years of experience in the construc tion industry. He leads HKA’s expert services practice for the Middle East, Asia and Africa and has been instructed as an expert more than 40 times. Michael has also been appointed as arbitrator on more than 60 occasions.

What do you enjoy most in your current role as a construction expert?

I enjoy the variety that this role offers. I work with a fantastic team of experts, assistants and various support teams and I have the opportunity to work on a variety of interesting and complex arbitrations around the globe. There is always a new challenge ahead and being able to assist parties in resolving their disputes, often by taking a complex issue and simplifying it, is extremely rewarding.

What qualities should clients look for when selecting an effective construction expert?

Clients often have their own views as to what attributes experts should have, and those views may be influenced from a combination of experience, percep tion, culture or something else. Perhaps the most obvious requirements clients should look for is technical/specialist knowledge, experience and qualifications.

Clients should ensure that their experts have current knowledge of developments in their field to ensure that the opinions offered are based on knowledge and expe rience that is up to date.

Two further useful attributes an expert can possess, and clients can look for, are strong presentation skills (both written and oral) and confidence.

Clients should also look for sincerity, as an arbitral tribunal is likely to place more weight on the evidence of experts who are open, who are honest, who conduct them selves with integrity and who appear to be genuinely attempting to provide the assis tance that the arbitral tribunal requires.

In addition, clients should look for an expert who clearly understands the role of an expert, the purpose and limitations of this role, and how this role should be delivered.

You have expertise as both arbitrator and expert witness in international construction disputes. How do these roles complement each other and enhance your practice?

I think these roles undoubtedly comple ment each other. Sitting as arbitrator and considering expert evidence has been hugely beneficial in shaping how I present my expert evidence and enabled me to better understand how experts can assist the tribunal and parties, in terms of how and when they input.

to be in such a rush to become an expert that you miss out on gaining that vital prac tical experience. I think experts need to truly be experts, learn about the role of an expert, understand the dispute resolution process and gain relevant qualifications and professional accreditations. Then be an expert.

Finally, I would also emphasise the importance of talking to peers and other practitioners (experts or arbitrators), get out there and network!

I would advise young practitioners to get a solid grounding in their profession and not

The role of an expert is certainly evolving. In my view, this is partly because of the desire for self-improvement but also because of criticism from the courts and tribunals. Numerous guidelines such as the CIArb Protocol, the RICS Practice Statement for ‘Surveyors acting as expert witnesses’, and the IBA Rules on the Taking of Evidence have been published. I think that guide lines such as these have been really helpful in developing an international arbitration culture and providing a common under standing, among arbitration practitioners, of the standard which an expert should achieve.

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”

whoswholegal.com/thought-leaders

What advice would you give to younger practitioners looking to succeed as construction experts?

How has the role of construc tion expert changed since you started your career?

Philip R Urwin

Berkeley Research

purwin@thinkbrg.com

Biography

Philip is a certified planning and scheduling professional with 25 years of construction experience. He built his expertise working for contractors and consulting firms on projects across the world, including a decade hands-on in the field. Philip has provided written and oral testimony to courts, arbitrations and other alternative dispute reso lution hearings. He has published and lectured on his area of exper tise and was a contributing author to the CMAA Time Management Guidelines.

Looking back over your career, what is the most interesting construction case you have been a part of?

During my career I’ve been fortunate to be involved in some incredible and highprofile engineering projects such as the Panama Canal expansion. That said, I’d choose the first construction projects I worked on as a field engineer as the most interesting (though they were not “cases” in a legal context). I experienced a very wide range of construction disciplines and pretty much all aspects of the process. Every day brought something new. The experience and knowledge I gained during that time has stayed with me throughout my career.

How does Berkeley Research Group distinguish itself from the competition?

We are dedicated to providing the right expertise to address the complex issues facing our clients. BRG combines analytical talent with practical, real world experience. We have high-caliber experts with in-depth understanding of industries and markets, in all major sectors of the global economy. In addition to our deep pool of experienced professionals, we can connect clients with a global network of affiliated firms, univer sities, and individuals that possess a broad range of specialised knowledge in a wide variety of disciplines.

What do you enjoy most about your role as a construction expert?

It’s enlightening to analyse a project foren sically. You develop insight into what makes or breaks a project. Working as an inde pendent expert offers a different perspec tive to the one you get working in the field.

The work is often complex and demanding which keeps you engaged and on your toes and I really enjoy developing and mentoring our consultants and seeing their careers grow.

What is the key to giving success ful expert testimony in arbitra tion or adjudication proceedings?

Bringing clarity to complexity and doing that with independence and objectivity. As experts, our duty is to inform the tribunal and assist them in making their decisions. In delay analysis, you need to communicate complex issues in a way that is engaging and clear. That can be tough but an analysis is worthless if it cannot be understood. You need a strong grasp of the case, the facts and the analysis. That will allow you to be clear on the basis of your opinions and any information or assumptions that underpin them. The ultimate aim is to provide clear opinions with a sound basis to support them.

How does your hands-on expe rience with engineering and construction management roles enhance your practice?

All experts have the luxury of hindsight but when you have hands-on experience you also have insight. That gives a better understanding of the issues that underly the dispute. I think clients and counsel appreciate that added perspective and it leads to a better analysis and gives added credibility to you as an expert.

What is the greatest challenge construction experts currently face?

Technology is disrupting the world around us. There has been a huge growth in the information generated on construction projects. In theory that should be an asset but it’s frequently a burden because the information is disorganised and dispa rate. We use our own technology to help us manage that problem but expectations are increasing, driven by the technology that is available to us. The question of how much information can be properly assessed in a given amount of time has to be considered carefully relative to the reasonable degree of certainty that we need to form an opinion.

Initially, these cases can feel like a Gordian knot. They often involve  very large numbers of issues interacting over long durations. Analysing hundreds or thousands of events in a single project is difficult. You have to marshal a huge volume of documents and there is often a lot of “noise” in the data. It’s important to establish the salient records on which you will base your analysis. Large scale projects can have very large sched ules and these may lose touch with reality when the project starts to have problems. In such cases we have to consider the wider project record and consider alternative analyses based on reliable records, prac tical understanding and common sense. In short, the challenge with these types of projects is distilling the large amount of issues and information down to a mean ingful, clear and concise analysis.

Where, in your opinion, does the future of the practice area lie?

Artificial intelligence and machine learning raise some interesting opportunities and questions surrounding the management and analysis of ever-growing amounts of data, and whether some of the more mundane aspects of our work can be auto mated. I think the use of remote evidence will grow and become the norm, given the cost savings and concerns about the impact of travel on climate change. I also think there is potential to leverage media and technology to better present our analysis and opinions. That is already happening at hearings but I wonder if alternatives to the traditional portrait-format written report could provide a better communi cation of our analysis and opinions before the hearing – particularly on large and complex construction projects.

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”

whoswholegal.com/thought-leaders

What is the most challenging aspect of working as expert in cases involving high-value construction projects?

Meera Wagman

has over 20

in the

In your view, how is it possi ble to encourage more gender diversity in the profession?

Communication and opportunity. I feel that the most important thing is to communi cate what this profession entails and what opportunities there are to pursue within it. I remember when I first started out in construction consulting, I did not appre ciate the depth of opportunity that existed in this profession. In communicating this early on, I see that it inspires interest and motivation in the diverse future generation of professionals. I further believe that as we see more and more gender diversity in top-level management and the expert community, we will see more diverse professionals setting out on this career path with determination and ambition.

As a Global Elite Thought Leader and experienced con struction expert what advice would you give to someone starting out their career in this area?

Strive for exposure to as many different types of projects, issues, disputes, etc. as possible. The breadth of this industry is vast and the more lenses it can be viewed through will help shape a successful career. And don’t be afraid to ask questions.

To what extent do you think there needs to be more collab oration and sharing of informa tion amongst experts working in this area?

As the duty of the experts is to the trier of fact, anything that can be done to assist in clarifying areas of agreement is impor tant. I believe that a cooperative joint expert

process can be very valuable, but only if both experts are willing and able to truly collaborate. Unfortunately, often times the process turns into a secondary venue for rebuttal. Regarding expert collaboration more generally in the industry, I have felt an increase in the sharing of information and perspectives. I believe that this has been due, at least in part, to the ability to connect virtually.

At what stage of a construction project would you recommend clients use experts to mitigate risk and avoid delays?

I have been engaged as early as at the outset of a project, but more often once a major impact has arisen. Being engaged as early as possible is helpful in that the expert does not then need to fully ‘recreate the wheel’ after the fact, which can be challenging depending on the availability of documents and project personnel.

Instead, the expert has real-time knowl edge to rely upon when conducting an analysis. Engaging experts early can help streamline the process, understand the true risks, and avoid the high cost of litiga tion down the road. I am also seeing more success with interim dispute resolution processes, which can improve the success of the project.

To what extent has the use of technology and intelligent software programmes in con struction reduced the number of disputes related to project management and document control?

Technological advancements in construc tion have and are having a significant and

interesting impact, from health and safety to enhanced efficiency. This can also be seen in disputes in that more accurate project information can be assessed faster and parties are able to identify and assess issues in real time (or at least closer to it). This allows for prompter reaction and potential resolution of the issue/dispute altogether.

How do you see the practice area developing over the next five years?

I am seeing a shift in two areas. First, as noted above, earlier retention of experts to properly assess risk and attempt to resolve issues and avoid long, drawn-out disputes. Second, more specifically with respect to delay analysis, I am seeing more disputes related to non-construction analyses such as shipbuilding, software development, etc.

What has been your greatest achievement to date?

Being able to provide leadership and guid ance as a woman to other women in this industry is something I take great pride in and am also passionate about.

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”

whoswholegal.com/thought-leaders

Mark Wearen

Mark Wearen is a senior director and quantum expert at Kroll. Over 35 years, he has worked in contracting and professional quantity surveying. His expert appointments include quantum and quantity surveying related disputes on building and engineering projects locally and internationally. He has been engaged by public and Private sector employers and contractors and has given evidence under cross-exami nation and concurrently in arbitra tion and adjudication. Mark also has extensive experience of conciliation and

What inspired you to pursue a career as an expert witness?

The encouragement of my colleagues and my experiences drafting claim submissions and providing independent expert advice for contractors and employers involved in disputes – that experience meant it was a natural progression for me to take on expert witness commissions when the opportunities arose.

What did you find most chal lenging about entering the construction industry?

I have always worked in the construc tion industry and dealing with the new and diverse challenges that arise from commission to commission can be very challenging but it is also what makes a career in construction so rewarding and enjoyable. To work in construction is to embrace change and the unexpected and for those that are entering the industry later in their career, I imagine that could be daunting at first.

How has the role of an expert witness changed since you first started practising?

The legal framework in which the expert witness must operate has been more clearly defined by developments in legisla tion and case law – which serves to provide greater clarity as to the expert’s obligations to the court and the engaging party.

What do clients look for in an effective construction expert?

In my area, which is construction quantum and quantity surveying related matters, an effective construction expert, as well as being an expert in their chosen field and possessing the skills typically sought in an expert in any discipline, should have an understanding of how to deliver a construction project. This would include:

a) knowledge of the roles and responsibili ties of the parties responsible for delivering the project b) methods of construction particularly for large engineering projects c) how programmes work and of course d) the contractual framework.  While it may be for others in the team to opine on such matters, all these things can impact on the assessment of quantum.

How are recent economic and supply chain challenges affect ing the construction industry?

Severely as all parties adjust to a new reality of rising inflation, resource short ages and what could be an extended period of greater uncertainty than has been expe rienced in recent times. Questions that are now being tackled include whether or not the contractual structures and risk transfer we are all accustomed to can deliver projects successfully for both parties in this new reality. Now is the time for innovative solutions, technically and contractually, collaborative working and transparency as to the challenges faced by all parties to the construction process if the industry is to survive and thrive in these challenging times.

What impact will technological advancements and the growth of disruptive technology have on the construction market?

We have seen significant advancements in the areas of design, data capture including remote inspection and monitoring, and asset management as new technologies and the processing power that is needed to store and leverage big data becomes more accessible. The use of off-site and modular fabrication has increased signifi cantly in recent years and we are now seeing real world examples of 3D printing which indicate that the technology could become more commonplace in the not too

distant future. If these innovations and new technologies are embraced, the results could be reductions in site management and labour, increases in productivity and quality, faster builds and better value for money.

Looking back over your career, what is the most memorable case you have been a part of?

The case that stands out the most is an expert witness commission, where I was engaged by the defendant in relation to a litigation that proceeded to a High Court hearing lasting six weeks at great expense. All the typical heads of claim were present but the amounts at stake were relatively small. Preparation of my report required a forensic examination of the plaintiff’s orig inal invoices submitted in substantiation of claimed costs. Upon the commencement of the hearings, the judge ordered that a joint statement be prepared by the quantum experts – this led to a significant reduc tion of the opposing expert’s quantum assessment before he gave his evidence. These were both the subject of lengthy cross-examination of the plaintiff’s primary witness of fact and quantum expert which I was lucky enough to witness. Having heard the evidence and in particular that in rela tion to the examination of the invoices and the updated figures contained in the joint statement,  the judge ruled in favour of the defendant without hearing the defendant’s evidence. The case went on to become the subject of a Supreme Court ruling on the liability of company directors for costs in such circumstances.

What is the best piece of advice you’ve ever received?

When adversity arrives at your door, and it will more than once in your career, embrace it, keep going and do your best.

Peers and clients say: “We were impressed by his ability to analyse complex matters in a fair and equitable manner”  “Mark relishes a challenge and always reacts appropriately, no matter the circumstances”

whoswholegal.com/thought-leaders

Thought Leaders in Construction 2022 |

Experts

Australia

Phillip Blunden , Hinds Blunden

Jonathan Humphrey , HKA • Q&A James Lyall , Lyall Hamson Pty Ltd

Stephen Rae , FTI Consulting • Q&A Paul Roberts , Secretariat • Q&A

Brazil

Luiz Fernando Alongi , AequitasMediacao e Consultoria

Canada Ontario

Christopher Larkin, FTI Consulting • Q&A

England

Paul Barry , Independent David Barry , Kroll • Q&A Colin Byford , gb2 LLP

Jas Cheema , Berkeley Research Group • Q&A

Mark Dixon , HKA • Q&A

Austin Duffy , Kroll • Q&A Christopher Ennis , Time | Quantum Expert Forensics Limited Emyr Evans , HKA • Q&A

David Falkenstern , Kroll • Q&A David Goodman , Kroll • Q&A Mark Hackett , Mark Hackett Associates LLP

Liam Holder , Secretariat • Q&A Martin Hunter , Yendall Hunter Limited Scott Jardine , Ankura

Gary Kitt , J.S. Held

Wendy MacLaughlin , gb2 LLP

Franco Mastrandrea , HKA • Q&A Mark Mills , Aquila Forensics Ltd

Derek Nelson , HKA • Q&A

Seamus O’Doherty , Berkeley Research Group • Q&A

Ian Osbaldeston , Kroll • Q&A

Rob Palles-Clark , Kroll • Q&A

Joanne Prior , Kroll • Q&A

Ian Robinson , Tempus Delay Analysis LLP • Q&A

David Rollason , David Rollason Associates

Michael Stokes , Ankura

George Taft , Secretariat • Q&A

Andrew Yendall , Yendall Hunter Limited Kishan de Silva , William J Marshall & Partners

Hervé de Trogoff , Accuracy

France

Thierry Linares , FTI Consulting • Q&A

Germany

Thomas Hofbauer , FTI Consulting Volker Schmitz , Ankura

Hong Kong

Scott Adams, Scott Adams Consultants Ltd Mike Allen , Secretariat • Q&A Graham McNeill , FTI Consulting • Q&A Patrick O’Neill , ADR Partnership Ltd Douglas Wardale , Project Co-ordination Services (HK) Ltd

Ireland

Mark Wearen , Kroll • Q&A

Qatar

Colin Russell , HKA • Q&A

Saudi Arabia

Haroon Niazi , HKA • Q&A

Scotland

Roy Andrew , FTI Consulting Hamish Clark , HKA • Q&A Alex Currie , HKA • Q&A Doug Neville , HKA • Q&A

Singapore

Garry Crossley , FTI Consulting • Q&A Amit Garg , Secretariat • Q&A John Lancaster , J.S. Held Jon Prudhoe , Ankura James Taylor , FTI Consulting • Q&A

Spain

Fernando Cuñado , KPMG Asesores SL

United Arab Emirates

David Atkinson , HKA • Q&A John Boultwood , Boultwood + Associates

Manus Bradley , Secretariat • Q&A Guy Elkington , Ankura

Michael C Kenyon , Berkeley Research Group • Q&A David Merritt , Capital Consulting International Jacqui Record , Ankura Mike Saulsbury , Secretariat • Q&A Paul Taplin , Ankura Michael Tonkin , HKA • Q&A

USA Arizona

Israel Almodovar , Ankura

California Peter V Badala , Ankura Kenneth R Baker , HKA • Q&A Bob Groves , TM Financial Forensics LLC Mike Kling , Secretariat • Q&A Gene Lash, Delta Consulting Group • Q&A Ted Scott , Secretariat • Q&A

District of Columbia

Greg D Crider , Ankura Toshi Dezaki , Ankura

Florida

Charles R Heckman , Delta Consulting Group • Q&A

Georgia

Neil Gaudion , Lighthouse Consulting Group • Q&A Don Harvey , Secretariat

Illinois

Scott D Hollingsworth , HKA • Q&A Richard Sieracki , HKA • Q&A

Maryland

Patrick McGeehin , FTI Consulting • Q&A

Nevada

Chris Spandau , HKA • Q&A

New York

Mark W Cohen , J.S. Held Meera Wagman , Secretariat • Q&A

Pennsylvania

Paul Pocalyko , HKA • Q&A

Andrew Rhodes , FTI Consulting • Q&A Philip R Urwin , Berkeley Research Group • Q&A

Texas

Bryan Byrd , Synergen Dan B. Clark , FTI Consulting • Q&A Felipe André Isoré Gutiérrez , CONEXIG

Virginia

Robert Freas , Exponent Inc Jeffrey E Fuchs , Delta Consulting Group • Q&A Dakus Gunn , Delta Consulting Group • Q&A

Washington

Paul S Ficca , FTI Consulting • Q&A

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