Dispute Avoidance

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.

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.

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.

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.

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.

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.