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Appointed as expert to resolve complex, concurrent delay issues on a US$330m power plant expansion project on the coast of Ghana, the country’s first independent power plant. Expansion involved conversion of an existing gas-fired plant into a combined-cycle unit with the addition of two heat recovery steam generators, a steam turbine generator and a seawater desalination plant, increasing plant capacity from 220MW to 330MW. Issues included concurrent Employer and Contractor delay events and uncertainty about the status of ‘live’ project works.

Engaged to perform independent delay and quantum expert services for a US$7.9bn medical and research facility, the first in the Middle East, following termination of the joint venture contractor for late completion and missed deadlines. Provided expert advice on all aspects of termination proceedings, including validity of term, original cost verification and costs to completion for the 400-bed hospital, committed to providing world-class, patient-focused tertiary health care for women and children in an ultra-modern facility.

Engaged by the University of Cambridge to provide independent project advisory services for the first phase of North West Cambridge, an ambitious US$1.3bn sustainable urban development of homes, shops and schools on the city’s outlying farmland to alleviate overcrowding and rising land prices. Scope included independent technical and strategic project management advice, and project progress monitoring to assist the University’s management team in minimising key project risks for the delivery of major infrastructure and common facilities.

Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, held before the Outer House of the Scottish Court of Session, concerning failed implementation of a new ferry ticketing system for a fleet of 33 vessels serving 53 ports throughout Scotland’s Hebridean and Clyde islands. Following contract review, considered primary causes of delay and failure and key dispute issues, including delivery methodology (‘Agile’ vs. ‘Waterfall’).

Provided expert delay analysis of construction of a single-storey, 108-bed community hospital in Wales, UK, on the site of a former factory unit. Key issues contributing to the 18-month delay included adverse weather conditions, weather tightness, steelwork delay, water ingress and MEP requirements. Undertook detailed review of site diaries and other contemporaneous information to deduce the as-built programme and actual critical path. Findings were used to produce an independent delay analysis report, which resulted in a favourable outcome for our client.

Appointed to provide independent project advisory services in relation to a frustrated technology implementation for an award-winning, UK-based health insurance provider. Key issues included a misunderstanding of initial expectations, continuous changes to project scope and an overall lack of communication, documentation and adherence to good project management. Following initial review of the project history, the exercise involved benchmarking performance of the supplied system against the legacy system to establish whether end-to-end performance had improved.

Appointed to perform expert services associated with defective steelwork on a newly-built television studio in the north of England. Works on the 3.25-hectare plot were procured on a Construction Management basis with the Employer appointing the design team, consultants and trade contractors separately. Delay and quantum reports identified critical path activities and traced specific costs of each party resulting from defective steelwork design, discovered whilst works were in progress.

Instructed to provide expert opinion on proximate cause following disruption to the power supply at a UK healthcare facility. A fault occurred on the main incoming power supplies resulting in consequential loss of power to the building’s Uninterruptable Power Supply (UPS) and delays to the initial power supply works. Analysis of contractual delay clauses, procedures adopted by various parties involved and relevant maintenance schedules were carried out.

Provided delay and quantum expert services relating to the terminated construction of a deep-water, multi-purpose offshore construction vessel at a fabrication yard in Eastern Asia. The vessel was designed to serve deep water and SURF (subsea umbilicals, risers and flowlines) markets as well as shallow water. Design and programme delays and performance issues led to eventual cancellation of the shipbuilding contract by the Employer. Produced a critical path analysis and independent delay and quantum expert reports.

Appointed to produce independent expert report on issues relating to the engineering, procurement and construction (EPC) of a 630,000m³ onshore oil tank farm in Southern Europe. Associated facilities included pump station, substation, control/administration buildings, and truck loading facilities, together with jetty extending 1.5 km offshore, including topside facilities, mooring and loading platforms, marine loading arms, and associated pipework and civil works. Expert report considered variations, extension of time, design changes and delays to the EPC works.

Instructed in the High Court case AFD Software v DCML Ltd to investigate a licensing dispute involving software enabling access to the Royal Mail’s postcode database for use in the automotive industry. Investigations focused on software copyright infringement via the replication of proprietary source code in memory when using the software, the basis upon which a £14.1m claim was calculated, and analysis of technical validity of the argument.

Appointed as programming and quantum expert to investigate delays to the construction of a 235m, three-tower complex in the United Arab Emirates. The fully integrated, mixed-use development featured three connected towers incorporating commercial office space, residential apartments, high-end retail outlets, sky gardens and a five-star hotel. Slow progress to the works resulted in contract termination. Considerations included analysis of delays to each of the contractual milestones and incurred costs.

Instructed to provide quantum expert services for underground civils works associated with a US$3.5bn pumped-storage power station in an extremely sensitive ecosystem in Southern Africa. The 1,332MW hydroelectric scheme comprises upper and lower dams 4.6km apart, connected by underground waterways passing through a subterranean power house with 4 x 333MW generators. Key issues investigated included NEC principle dispute on valuation methodology, challenge to adjudicator's decisions, and disputed variations.

Produced independent delay and quantum expert report for a dispute concerning claims and counterclaims arising out of contracts for the construction of a 160,000m2, four-storey maintenance hangar, a significant supporting element of Qatar’s new Hamad International Airport. The facility is one of the largest of its type in the world and can accommodate 12 aircraft simultaneously, including five Airbus A380s, the world’s largest passenger aircraft. The delay and disruption dispute proceeded through ICC arbitration.

Assessed delays associated with the refurbishment of a multi-storey hotel into high-end residential accommodation in a prime UK city centre location. Works involved demolishing the existing roof and top-level structure and adding two new steel-framed timber floors. The facade was to be retained, and a live business on the ground floor was to remain unaffected throughout the works. Issues included complex design issues, steel design and unknown existing structural defects.

Instructed to perform expert quantum services for a proposed greenfield airport terminal and links to an existing airport in Eastern Africa, following contract termination by the Airports Authority. The planned 178,000m2 terminal comprised a central passenger processing centre, airside concourse, airline lounges, baggage handling systems and staff offices, increasing annual capacity to 13m passengers at one of Africa’s busiest aviation hubs. Quantum services included analysis of payments made and works completed by the Contractor before suspension of the works.

Appointed to produce an independent expert report on the delays experienced on the Cambridgeshire Guided Busway project, known locally as “The Busway”, the longest guided busway in the world. The 25km route, which utilises a disused railway alignment, connects Huntingdon, St Ives and Cambridge. Expert findings were presented during mediation where the main Contractor was claiming an additional £90m. The parties agreed an out-of-court settlement to cover defects and extra work, with the main Contractor repaying £42m to Cambridgeshire County Council.

Performed expert delay analysis of critical path activities at one of Europe’s largest mixed-use urban regeneration projects in London, England. The transformational scheme, involving refurbishment and new construction, created a new cultural, retail and residential district in the capital. Delay issues included scope changes, permit and licence requirements, structural steelwork, and late party wall agreement. Expert report compared progress achieved in each of five buildings, as well as analysis of remaining duration and projection to establish project critical path.

Performed expert delay analysis on mechanical, electrical and plumbing (MEP) subcontract works at a US$1bn, 16-hectare university campus and student residence in the Middle East. A major academic, research and creative centre, the 1,350-student campus comprises state-of-the-art classrooms, library, IT facilities, laboratories, academic buildings, student residences, and athletic and performance facilities. Key issues considered included Issued for Construction (IFC) and shop drawings, labour resources, load demand notification and MEP coordination.

Appointed to provide expert determination for an automotive distributor based in the Middle East and its South African SAP implementation partner. Completion of a US$100m SAP platform solution required continuous progress monitoring and reporting on delays due to resourcing and scope changes. Reports identified causes and apportioned responsibility which was used to determine how much each party would contribute to associated costs of delay. For changes, reports identified whether individual aspects of functionality were in the original scope of work.

Performed initial review and produced report on opposing party’s delay analysis methodology for a major oil field redevelopment in the Middle East. Project involved initial production facilities to process crude oil, associated gas and water from wells on three different sites, contributing to increased oil production. Following review, identified flaws and inconsistencies within the opposing delay analysis report and provided comments on our Client’s internal analysis of the same issues.

Produced independent delay expert report for an adjudication hearing on an extension of time claim arising from the engineering, procurement and construction of a US$28m overground railway capacity improvement programme in North London, England. The project involved modifications to the train maintenance depot, additional sidings and a terminal headshunt to accommodate longer, five-car trains and deliver a 25% increase in capacity. Key issues included limited access and limited working hours due to isolation problems.

Tribunal-appointed quantum expert witness services under cross-examination to resolve a dispute between a Main Contractor and one of its Subcontractors. Dispute arose on a re-measurement contract for a 2.5MMSCFD gas liquefaction plant at a major oil refinery in the Middle East. Ascertained relevant, contemporaneous documentation, analysed multiple heads of claim, and commented on incorrect claimed values. Provided expert report and clear responses to the tribunal, resulting in well-reasoned decisions and adoption of values and opinions put forward.

Instructed to provide independent expert programming advice relating to the construction of a 399km section of a six-lane toll highway in North Africa. The US$5bn section, which includes 190 bridges and viaducts and five tunnels, is the largest of three project sections which together total 1,200km at a cost of US$11.2bn – one of the world’s largest public works projects. Performed a detailed critical path analysis of the framework contract scope of works and prepared an independent expert report. 

Engaged to provide independent strategic project management, progress monitoring and technical advice to assist with construction management and dispute avoidance on a major building refurbishment and fit-out project in South West London, England. The US$57m, Grade I listed building project involved demolition and reconstruction works to create linked office, meeting and residential accommodation and new structural framing to support the existing top floors.

Instructed to produce expert report to assess the fitness for purpose of a household appliance manufactured by a multinational company. Investigation concentrated on whether the semi-conductor device was faulty, whether it was being used outside its specification, and whether the designers and suppliers were entitled to reasonably rely upon the position that selected components should be able to fail in a safe manner, even if the design of the appliance was sub-optimal.

Delay expert services for a 30MW onshore wind farm project delivered on a remote peat moorland in the North West of England, which has a special set of environmental, social and economic sensitivities. The 12-turbine site has since been nominated as a Site of Special Scientific Interest (SSSI). Produced an independent expert report for an adjudication hearing regarding project delay and an extension of time claim.

Provided advisory services relating to a biomethane-to-grid project in South West England. The 1MW anaerobic digestion (AD) facility is designed to convert organic materials from local food and agricultural waste into gas and electricity, feeding biogas directly into the UK national grid as renewable bio-methane. Reviewed Contractor’s entitlement to an extension of time, which had a direct bearing on the validity of the termination of the contract, following equipment issues and crop feedstock deficiencies.

Appointed to perform expert quantum and delay services relating to the US$30m construction of a modularised hotel at a seaside resort on the south coast of England. The seven-storey building, comprising 215 hotel rooms and 29 apartments, used a lightweight modular construction system to save on costs and materials. Reviewed issues relating to scope changes, prepared daily design, manufacture and installation ‘as-built’ programme, and produced and analysed detailed progress curves for an adjudication hearing.

Instructed to provide independent expert advice in the disciplines of programming and delay analysis and to produce an expert delay report for an ICC arbitration case for a US$1bn liquefied natural gas (LNG) regasification terminal in South America, the first such facility in the southern hemisphere. The dispute relates to the extent and causes of delay to the project completion date for the construction of a 2km-long steel jetty structure and unloading platform under the Marine Works EPC Subcontract.

Appointed to produce an expert delay report for an LCIA arbitration case relating to an onshore early production facility in the Middle East. The proposed 150,000 barrels of oil per day scheme included oil and gas gathering systems and pipelines, and associated sulphur handling and granulation plant. Report addressed matters relating to planning and programming with respect to the critical path and delays that occurred on the project, which was terminated during the detailed design stage.

Technology advisory services in support of a European consortium engaged in a dispute relating to the commissioning of an open road tolling project in Southern Africa. Operating under the FIDIC Gold Book Conditions of Contract for Design, Build and Operate (DBO) projects, the dispute arose over the impact of delay and allegations of the Employer failing to discharge its operational obligations. Assessed fitness for purpose relative to expected KPIs and assumptions, system scalability and performance tuning for the future.

Expert technology advisory services for a US$60m dispute relating to the implementation of an SAP enterprise resource planning software system at a major UK media and broadcasting corporation. The organisation was advised that specific SAP modules could interface with its legacy systems with no customisation and no changes to the existing legacy systems. In the event, the legacy systems required extensive re-work and the lifespan of the project, initially 12 months, extended to nearly three years.

Independent delay expert analysis in an international arbitration case concerning the termination of a civil and earthworks subcontractor by the Employer at a US$175m open-pit gold mine facility in West Africa. The 924,000oz gold reserves facility, the first to be built in the region for more than two years, includes a processing plant, tailings storage, ball mill and carbon-in-leach (CIL) tank. Performed a detailed programme and causation analysis relating to delays on the project, leading to a US$50m dispute.

Appointed to provide technical advisory services for a UK public sector IT implementation project which had fallen into dispute due to a disagreement regarding requirement gaps and scope creep. Following a “kill or cure” assessment, deployed tactic to assist the client with analysing the technical components of the delivery against the contractual dependencies to provide a ‘strengths and weaknesses’ portfolio for negotiation. The output provided to the client enabled successful continuation of the implementation.

Third party adjudication services for the resolution of a dispute arising during the refurbishment of a Grade II listed private residence in central London, England. Scope involved construction of a single-storey front basement and single-storey rear basement, including mechanical and electrical services and external works. The dispute concerned the Contractor’s entitlement to extensions of time, partial possession dates, their effect on the parties’ obligations and liabilities, and the date on which practical completion was achieved.

Instructed as technology expert witness in a high-profile UK High Court case regarding functionality of a large, bespoke electronic funds transfer at point of sale (EFTPOS) payment and accounting system. Analysed contemporaneous and legacy documentation to opine on the suitability of the development process adopted in construction of the system. Key issues included the robustness of the software and its functionality, adequacy of the support services alongside review of historic bugs and issues, and testing practices.

Construction adjudication services to resolve a dispute arising between a main contractor and its mechanical, electrical and public health (MEP) building services subcontractor, engaged for the refurbishment of a residential and office building in London, England. The dispute concerned whether the contractor wrongfully terminated the subcontractor’s contract for the supply, installation, testing, demonstration and commissioning of MEP building services systems, and the sum due to either party, depending on the decision on the validity of the termination.

Engaged to prepare an independent expert report and analysis of critical delay and disruption for an ICC Arbitration hearing relating to a dispute arising on a large energy and environmental research campus in the Middle East. The facility comprises five main buildings: a research centre, library, conference centre, IT centre and musalla, together with ancillary buildings within a 60he site. Key issues surrounded the complex envelope featuring glass reinforced concrete (GRC) façades and roofs that connects the buildings.

Appointed to provide expert technical advisory services for Lead Counsel in a long-running, complex UK High Court public sector technology case. The dispute surrounds the adequacy of a high-throughput electronic funds transfer at point of sale (EFTPOS) system and its various interlinking components and services. The exercise involved assessment of the contemporaneous evidence disclosed in order to ascertain whether hypotheses from the Defendant’s technical expert were valid.