Transportation

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.

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.

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.

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.

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.

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. 

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’).